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Author Archives: hksar gov

Opening remarks by SCMA at media session on EAC’s report on REO’s loss of Register of Electors (with video)

     Following are the opening remarks made by the Secretary for Constitutional and Mainland Affairs, Mr Patrick Nip, at a media session today (July 24) at the Central Government Offices on the Electoral Affairs Commission’s (EAC) independent investigation report on the Registration and Electoral Office’s (REO) loss of a Register of Electors:
 
     The HKSAR Government takes the loss of a Register of Electors relating to the 2016 Legislative Council (LegCo) General Election by the REO very seriously. After the incident, we immediately instructed the REO to undertake a series of follow-up actions, and provided the EAC with independent administrative support to conduct a full investigation so as to identify the problems and deficiencies in the electoral arrangements and REO’s management, and make recommendations for improvement. The EAC just held a press conference this afternoon to release the report. I would like to say a few words on the Government’s follow-up actions.
 
     Public elections in Hong Kong have always been conducted in an open, fair and honest manner. This important principle should be upheld at all times. The HKSAR Government considers the loss of the Register unacceptable, and we thank the EAC for conducting a comprehensive, objective and impartial investigation and putting forth a series of improvement measures. We fully accept the EAC’s recommendations, and have instructed the REO to implement the improvement measures as a matter of priority to avoid similar incidents from happening again.
 
     The EAC learnt that the incident was related to the handling of electoral materials after the completion of the counting of votes. It has identified the REO’s shortcomings in various aspects and proposed over 20 improvement measures in six major areas. Most of the recommendations on improving the packaging, transportation, collection and handling of materials, as well as strengthening staff training and internal communication could be implemented before the District Council Ordinary Election to be held in November this year. 
 
     We will support the REO in launching the improvement measures in a number of aspects:
 
(1) The REO will proactively introduce technologies in public elections, such as using IT in the process of handling and storing electoral materials to make recording and tracking more effective.
 
(2) On storage and accommodation, we have requested the Government Property Agency (GPA) to provide sufficient storage space to meet the REO’s demand in the upcoming elections, and in the longer term, to house the REO’s store facilities under one roof for better store management of electoral materials. We have also invited the GPA to identify one single office accommodation for the REO.
 
(3) Also, we will work with the relevant policy bureaux to review the organisational structure and manpower requirements of the REO so that it will have the required manpower and resources to implement the EAC’s proposals. 
  
     After it was confirmed that the Register of Electors was lost in early April, the former Chief Electoral Officer reported to me that his subordinates had never reported the incident to him. He also made a public statement stating the same. However, the investigation results revealed that his statement made at that time did not match with the facts. The former Chief Electoral Officer has been formally transferred out of the department. On whether individual REO staff should be held responsible for the incident, this will be handled by the Civil Service Bureau in accordance with the established disciplinary procedures.
 
     I feel regretful and am disappointed about the incident. Once again I extend my apology to members of the public. I trust that the REO has learnt from the incident and will implement the improvement measures fully to forestall similar incidents from happening again. I and my colleagues in the Constitutional and Mainland Affairs Bureau will provide all the necessary assistance and support to the REO. read more

Immigration Department smashes syndicate using false instruments to apply for foreign domestic helper working visas

     The licensee of an employment agency, who had conspired to use false instruments to apply for foreign domestic helper (FDH) working visas, has pleaded guilty to charges of conspiracy to defraud and using copies of false instruments. She was sentenced to 24 months’ imprisonment today (July 24) at the District Court. Five Filipinos involved in the case had been convicted earlier for the offence of making false representation to an immigration officer and breach of condition of stay at the Magistrates’ Courts.

     The mastermind was a 55-year-old Hong Kong resident who was the licensee of the employment agency. Since December 2017, the Immigration Department had detected several suspicious pay-television service bills submitted for foreign domestic helper visa applications through the employment agency. After months of in-depth investigation and intelligence analysis, a syndicate was identified as having arranged Filipinos to work in Hong Kong illegally through the use of false FDH contracts. In March 2018, the Immigration Department triggered the enforcement action. Fourteen persons, including the mastermind, four other Hong Kong residents and nine Filipinos who had applied for the FDH visas using false contracts, were apprehended. In addition, two computers and a considerable number of false instruments were seized, including originals and copies of forged bank statements and pay-television service bills.

     During the investigation, investigators discovered that the mastermind made use of unlawfully obtained Hong Kong identity card copies and false salary and residential proof, such as forged bank statements, electricity and gas bills as well as telecommunications service and pay-television service bills to apply for FDH working visas.

     After an investigation, the mastermind was prosecuted. She was sentenced to 24 months’ imprisonment for the offences of six counts of conspiracy to defraud and five counts of using copies of false instruments. Regarding the bogus FDHs arrested, five  were prosecuted and convicted of making false representation to an immigration officer and breach of condition of stay at the Magistrates’ Courts earlier, and have already been sentenced with the highest sentence of four months’ imprisonment.

    An investigation of the other suspects is continuing.

     “It is an offence to make, possess or use false instruments. Upon conviction, offenders are liable to a maximum penalty of 14 years’ imprisonment. In addition, it is an offence to make false representation to an immigration officer. Offenders are liable to prosecution and to a maximum fine of $150,000 and imprisonment for 14 years. Furthermore, anyone who commits the offence of conspiracy to defraud is liable to prosecution and, upon conviction, the maximum penalty is imprisonment for 14 years,” an Immigration Department spokesman said.

     The spokesman also stressed that FDHs should only take up employment as a domestic helper as approved by the Director of Immigration. Offenders are liable to prosecution and upon conviction to a maximum fine of $50,000 and imprisonment for two years. Aiders and abettors are also liable to prosecution. read more