CE meets Deputy Prime Minister and Minister for Finance of Singapore (with photos/video)

     The Chief Executive, Mrs Carrie Lam, accompanied by the Secretary for Commerce and Economic Development, Mr Edward Yau, and the Secretary for Financial Services and the Treasury, Mr James Lau, met with the Deputy Prime Minister and Minister for Finance of Singapore, Mr Heng Swee Keat, at Government House this afternoon (May 29). Singapore's Minister for Foreign Affairs, Dr Vivian Balakrishnan, and the Senior Minister of State for Trade and Industry and Education, Mr Chee Hong Tat, also attended the meeting.
 
     Mrs Lam congratulated Mr Heng for his promotion as the Deputy Prime Minister and welcomed his visit to Hong Kong as part of his inaugural overseas visit. Noting that the commitments made under the Free Trade Agreement between Hong Kong and the Association of Southeast Asian Nations (ASEAN) among Hong Kong and five ASEAN member states including Singapore will enter into force on June 11, she expressed her gratitude to the Singapore Government for its long-standing support for the signing of related agreements between Hong Kong and ASEAN. She said she believes that, with the support of the Economic and Trade Offices in Singapore, Jakarta and Bangkok established by the Hong Kong Special Administrative Region Government, the development of Hong Kong and ASEAN will be further strengthened and relations between the two places will be taken to a new level.
 
     Mrs Lam said that the people-to-people exchanges and trade ties between Hong Kong and Singapore have always been close and that the two places share similar backgrounds and developments. Adding that both places are among the most competitive economies in the world, she said they have a lot to learn from each other. Pointing out that Hong Kong is committed to developing innovation and technology and has devoted substantial resources and rolled out a number of specific measures, she expressed the hope to explore more collaboration in areas such as biotech, fintech and start-ups with research centres, education institutes and enterprises in Singapore.

Photo  Photo  



The 25th Guangdong-Hong Kong-Macao Tripartite CID Heads’ Meeting (with photo)

     The 25th Guangdong-Hong Kong-Macao Tripartite Heads of Criminal Investigation Department (CID) Meeting was held in Shunde, Foshan, yesterday (May 28). Led by the Deputy Commissioner of Police (Operations), Mr Tang Ping-keung, representatives of the Hong Kong Police Force met with the delegations respectively headed by the Deputy Director – General, Guangdong Provincial Public Security Department (GD PSD), Mr Lin Weixiong, and the Commissioner-General of Macao Unitary Police Service (MUPS), Mr Ma Io-kun.

     At the meeting, the tripartite CID heads reviewed the cooperation during the past year and mapped out the way forward in the year ahead. They discussed issues including joint operations in fighting against cross-boundary crimes, intelligence exchange and CID training.
   
     The Hong Kong delegation comprised of the Acting Director of Crime and Security, Mr Yuen Yuk-kin, the five Bureau Heads of Crime Wing, Bureau Head of Crime Support and officers from Liaison Bureau. The Mainland delegates came from GD PSD, Shenzhen, Zhuhai and Foshan Municipal Public Security Bureaux, while the Macao members were from MUPS, Judiciary Police and Public Security Police. Also attended the meeting were representatives of the Ministry of Public Security.

     Guangdong, Hong Kong and Macao police have worked in perfect harmony for years, resulting in the detection of many organised and serious crimes. It is evident that close co-operation and liaison among tripartite criminal investigation departments have contributed proactively to combating cross-boundary crime.
 

Photo  



PRMP opens for applications from May 30

The following is issued on behalf of the Hong Kong Monetary Authority: 
 
     HKMC Insurance Limited, a wholly-owned subsidiary of the Hong Kong Mortgage Corporation Limited, announces that the Policy Reverse Mortgage Programme (PRMP) will be open for applications from tomorrow (May 30).
 
     Members of the public who want to apply for the PRMP can enquire at any participating bank (please refer to the Annex) and conduct a preliminary eligibility assessment.
 
     The PRMP enables the borrowers to use life insurance policy as collateral to draw down loans.  The monthly payout calculation of this product is based on its death benefits instead of its cash value.  After the borrowers have passed away, the lenders will use the amount recovered from the death benefits of the life insurance policy to repay the loans.
 
     For enquiries, please call the PRMP Hotline at 2536 0136.




CHP investigates case of measles infection

     The Centre for Health Protection (CHP) of the Department of Health (DH) is today (May 29) investigating a case of measles infection.

     The case involves a 44-year-old man with good past health, who has developed fever since May 22 and rash since May 25. He sought medical advice from a general practitioner on May 23. He attended the Accident and Emergency Department at Pamela Youde Nethersole Eastern Hospital on May 26 and was admitted for treatment.

     A laboratory test of his respiratory specimen was positive for the measles virus. He has been in a stable condition all along. The patient's measles vaccination history is unknown. He had no travel history during the incubation period and the communicable period.

     According to the patient, he did not have contact with measles patients during the incubation period. His home contact has remained asymptomatic so far and has been put under medical surveillance.
 
     Upon notification of the case, the CHP immediately commenced epidemiological investigations and conducted relevant contact tracing. Investigations are ongoing. The public places the patient visited during the communicable period are listed in the appendix.

     A spokesman for the DH said, "Those who might have had contact with the patient during the period of communicability are urged to observe if they have developed measles-related symptoms, and to seek medical treatment immediately if such symptoms appear. If they need to visit any health care facilities during the period of medical surveillance, they should also report whether they have symptoms and prior measles exposure history to the healthcare workers so that appropriate infection control measures can be implemented at the healthcare facilities concerned to prevent any potential spread."

     The spokesman explained that measles is a highly infectious disease caused by the measles virus. It can be transmitted by airborne droplets or direct contact with nasal or throat secretions of infected persons, and, less commonly, by articles soiled with nose and throat secretions. A patient can pass the disease to other persons from four days before to four days after the appearance of skin rash.

     "The incubation period (the period from infection to appearance of illness) of measles ranges from seven days to 21 days. Symptoms of measles include fever, skin rash, cough, runny nose and red eyes. If symptoms arise, members of the public should wear surgical masks, stop going to work or school and avoid going to crowded places. They should also avoid contact with non-immune persons, especially persons with weakened immunity, pregnant women and children aged below 1. Those suspected to have been infected are advised to seek medical attention as early as possible and reveal relevant contact history of measles to healthcare professionals," the spokesman advised.




LCQ16: Monitoring the administration of estates for charitable purposes

     Following is a question by the Hon Paul Tse and a written reply by the Secretary for Justice, Ms Teresa Cheng, SC, in the Legislative Council today (May 29):
 
Question:
 
     The estate of the late Mrs Nina Wang comprises the Chinachem Group with a net asset value of as high as HK$137 billion as at August last year. The Court of Final Appeal handed down a judgment in 2015, which held that the Chinachem Charitable Foundation (the Foundation) was to hold the estate as a trustee rather than as a beneficiary which had received it as an unconditional absolute gift, and requested the Department of Justice to establish a supervisory managing organisation to ensure that the Foundation would operate in accordance with the testamentary intention of Mrs Wang and use the estate for charitable purposes. So far, the incumbent Secretary for Justice (SJ) and her predecessors have not submitted to the court any plan for establishing the supervisory managing organisation. Furthermore, recently, the SJ has been alleged to have failed to fulfil her duty as the protector of charities for having mishandled the over HK$10 billion estate for charitable purposes of the late "tycoon of hourly-rated hotels", and a lawsuit has been filed against the SJ in a bid to holding her accountable. On the other hand, it has been reported that the Executive Committee of the Chinachem Group (ECCG), which is under the direction of the interim administrator (the administrator) of the estate of Mrs Wang, recently relieved the duties of one of the members of the trustee on grounds that the person in question was allegedly involved in false investment projects on the Mainland and had allegedly divulged papers on the ECCG making "abnormal termination payment" to the former chief executive officer of the Group. In this connection, will the Government inform this Council:
 
(1) whether it has inquired into the various acts, in which the trustee and the administrator were alleged to have been involved, of improper use of the assets of the Foundation; if so, of the outcome, if not, the reasons for that;
 
(2) whether, in view of the concerns of the media and the community regarding whether the estate of Mrs Wang has been misappropriated, it will make public the expenditures of the Foundation; if it will not, of any credible means in place to convince members of the public that the Government can effectively monitor the operation of the Foundation;
 
(3) of the reasons why the incumbent SJ and her predecessors have so far not formulated any plan for establishing a supervisory managing organisation for the Foundation; when the aforesaid estate can formally be used for charitable purposes;
 
(4) as it has been reported that an estate management fee of as high as HK$60 million per annum is being charged by the administrator, and that over HK$200 million have been charged since 2015, whether the Government has assessed the aggregated amount of management fees to be charged by the administrator before the estate can formally be used for charitable purposes;
 
(5) as it has been reported that the SJ is considering a request of the Foundation for replacing the administrator, of the outcome of the SJ's consideration;
 
(6) given that the SJ has been criticised for the repeated delays and impropriety in handling sizeable estates for charitable purposes and thus causing unduly long delays in putting the relevant assets to charitable uses, whether the Government has assessed if such incidents will affect public confidence in the SJ assuming the role as the protector of charities;
 
(7) as it is estimated that the sizeable estates to be used for charitable purposes in just the aforesaid two cases amount to HK$150 billion, whether the Government has assessed the negative impact on social welfare as a whole brought about by the unduly long delays in putting the relevant assets to charitable uses; and
 
(8) of the difficulties of and constraints on the SJ's handling of her work as the protector of charities; the strategies in place to prevent problems such as mishandling of sizeable estates and unduly long delays in putting sizeable estates to charitable uses?
 
Reply:
 
President,
 
     As the protector of charity, the Secretary for Justice (SJ) has the role of safeguarding charitable interests. Under this principle, the SJ can participate in the relevant legal proceedings, and assist the Court in the administration of charitable trusts. If there is sufficient information or evidence showing that a charitable organisation may have breached the charitable trust, or there is maladministration prejudicing the beneficial interest of the charitable organisation, the Department of Justice (DoJ) will pay close attention to the administration and operation of the said charitable organisation, and take such follow-up actions as may be appropriate, including seeking directions or appropriate relief from the Court.
 
     Regarding the Hon Paul Tse's question in relation to the estate of the late Mrs Nina Wang and the estate of the late Mr Yu Pang-lin, The DoJ's consolidated reply is as follows:
 
(I) The estate of the late Mrs. Nina Wang (NW Estate)
 
     Mrs Nina Wang passed away in April 2007 leaving a home-made Chinese will dated July 28, 2002 (the Will). In May 2012, SJ, as the protector of charity, commenced proceedings in the Court of First Instance of the High Court seeking the Court's adjudication on the proper construction of the Will, in order to ensure proper management and ultimate distribution of the NW Estate.
 
     The Court of Final Appeal handed down its judgment on May 18, 2015 and unanimously held that the Chinachem Charitable Foundation Limited (the Foundation) should hold the entire estate as a trustee and would not receive any part of the estate as an absolute gift (CFA Judgment).
 
(1) Latest developments regarding the scheme of administration (Scheme)
 
     The DoJ has been actively following up on the Scheme in light of the blueprint laid down in the CFA Judgment on May 18, 2015, and has provided its proposed scheme. The DoJ has been in contact with the Foundation's responsible persons to discuss the detailed arrangements of the Scheme, with a view to completing the relevant tasks as soon as possible. Nevertheless, parties are unable to reach consensus on some fundamental issues. Accordingly, the DoJ had made an application to the Court on March 29, 2019 in respect of the relevant matters, to seek the Court's determination or directions, such that the DoJ may continue to complete the remaining tasks. The relevant matters concern the propriety of the Scheme proposed by the DoJ and details thereof, including the setting up of a supervisory managing organisation to monitor the Foundation as trustee. The Court has fixed a directions hearing on June 13, 2019. Given that legal proceedings have already been commenced, it would not be appropriate for us to publicly discuss any further details. The DoJ will continue to closely follow up in order to ensure the early preparation and implementation of the Scheme, in order to handle the NW Estate in accordance with the wishes of the late Mrs Nina Wang.
 
     Currently, the administration of the NW Estate is vested with the interim administrators appointed by the Court. The DoJ has also filed a caveat against a grant of probate or administration to preserve the status quo pending a scheme to be set up and sanctioned by the Court.
 
(2) The work of the interim administrators
 
     The current interim administrators are professional accountants appointed by the Court. Their principal responsibilities are to get in and preserve the properties of the NW Estate, including making enquiries as they deem reasonably necessary or taking out legal proceedings to ensure that the NW Estate is properly preserved. Besides, the relevant work also includes handling matters arising from the operation of the Chinachem Group. As the Chinachem Group is a big business conglomerate comprising numerous companies with multiple areas of business, the relevant work activities can be very complicated. The interim administrators have been making efforts to improve its governance structure, to ensure the smooth operation of various lines of corporate business. In discharge of their duties, the interim administrators would investigate and take follow-up actions against any irregularity known to them which might prejudice the proper preservation and management of the NW Estate. The interim administrators are also required to submit periodical reports to the Court, the DoJ and the Foundation to account for the administration of the NW Estate.
 
     As "officer of the Court", the interim administrators owe a duty to the Court on matters relating to the interim administration of the NW Estate. The Court may also give directions to the interim administrators if and when necessary. The work of the interim administrators has all along been monitored by the Court, including the consideration of the periodical reports and other relevant materials provided by them.
 
     The DoJ has, at all times, been paying close attention to the administration of the NW Estate and has been in frequent contact with the interim administrators, including considering the periodical reports provided by the interim administrators, approaching the interim administrators to further understand relevant matters, requesting the interim administrators to take follow-up actions and provide reports as the circumstances require, assisting the Court in legal proceedings taken out by the interim administrators, and seeking directions from the Court as may be required in the course of interim administration of such estate.
 
     The DoJ has noted that certain governors of the Foundation have been suspended from their duties in the Chinachem Group's Executive Committee; the termination payment made by the Chinachem Group to its former Chief Executive Officer; the requests for the change of the interim administrators, etc. The DoJ will consider these matters thoroughly. It is not appropriate to make any comment at this stage. Generally speaking, if any misappropriation of the charitable assets by the administrator or trustee is found, the DoJ being the protector of the charity can apply to the Court for the appropriate relief (including the change of the relevant personnel if necessary). The DoJ will continue to closely monitor the interim administrators' work in managing and preserving the NW Estate, and take such follow-up actions as may be appropriate.
 
     Regarding the fees of the interim administrators, they have been prescribed by the Court in the appointment order and are subject to the Court's scrutiny. Without the Court's order for disclosure, we are not in a position to disclose such information. The DoJ and the Foundation have also been monitoring the fees charged by the interim administrators. Should the DoJ and the Foundation consider the amount to be excessive or unreasonable, an application may be made to the Court for taxation of the fees, in order to ensure that the interim administrators' fees are maintained at a reasonable level.
 
     As the protector of charity, the SJ will actively follow up on the detailed arrangements for the implementation of the Will in the light of the blueprint laid down in the CFA Judgment, including handling the court proceedings already commenced and closely monitoring the management and preservation of the NW Estate with a view to protecting and safeguarding the charitable interest.
 
(II) The estate of the late Mr Yu Pang-lin (YP Estate)
 
     Regarding the estate of the "Clocktel Tycoon" (i.e. Mr Yu Pang-lin), the Court of First Instance of the High Court, with the assistance of the SJ as the protector of charity, handed down a judgment on March 8, 2018 after trial holding that the will of the late Mr Yu was valid and confirmed the trustee of the YP Estate. As the YP Estate involves charitable interests, the SJ has been paying attention to the management of the estate and will approach the trustee in order to further understand the administration of the charitable trust as appropriate.
 
     Regarding the lawsuit filed against the SJ as referred to in the question, the plaintiff alleges that the SJ has failed to perform her duties as the protector of charity. Since there are ongoing legal proceedings, it is not appropriate for the DoJ to make any further comments.