Speech by CE at Inauguration of Nordic Innovation House (English only) (with photos)

     Following is the speech by the Chief Executive, Mrs Carrie Lam, at the Inauguration of Nordic Innovation House today (November 28):
 
Ms Linde (Swedish Minister for EU Affairs and Trade, Ms Anne Linde), Ms Berner (Finnish Minister of Transport, Communication and Nordic Cooperation, Ms Anne Berner), Mr Høybråten (Secretary General of the Nordic Council of Ministers, Mr Dagfin Høybråten), Helena (Consul General of Sweden in Hong Kong, Ms Helena Storm), Johanna (Consul General of Finland in Hong Kong, Ms Johanna Karanko), ladies and gentlemen,
 
     Good afternoon. I am delighted to be here with you today for the Inauguration of Nordic Innovation House in Hong Kong.
 
     Actually, the venue that we are in is a result of imagination and innovation. This space which now sits a couple of hundred people did not exist previously. When I came in to revitalise two blocks of former married quarters for our policemen, there were only two stand-alone buildings on this site. I thought what a great idea if these two blocks could be connected, so that there would be more exchange of ideas between tenants in this building. So this whole cube was created by innovation and imagination.
 
     You have, I can assure you, chosen the right place for your latest Nordic Innovation House. That begins with PMQ – the former Police Married Quarters. Its historic buildings have been revitalised and now rise as a dynamic arts, design and cultural centre. Since opening in 2014, PMQ has welcomed more than 13 million visitors.
 
     You have certainly chosen the right city. Hong Kong, among the world's most connected centres – the business bridge between East and West – is one of the best places to do business. Our ranking in World Bank's latest Doing Business Report has risen from the fifth to the fourth. We are also flourishing as an Asian hub for innovation, technology and entrepreneurship. That includes our start-up scene, among the top five fastest-growing and one of the world's top 25 start-up centres. Last year, the number of start-up companies here rose to over 2 200, an increase of 16 per cent over the previous year. The establishment of Nordic Innovation House will surely boost those numbers long down the innovation road.
 
     To ensure Hong Kong's primacy as an innovation leader, my Government has placed a policy priority on innovation and technology. Encouraging technology start-ups is central to that commitment. Hong Kong Science Park, which I understand the Royal Technology Mission visited yesterday, provides significant support to start-ups. Its incubation programmes offer financial support, subsidised office space and shared facilities, technical, marketing and development assistance and, perhaps most important, access to angel investors and venture capitalists through investment-matching events.
 
     Then we have the Cyberport, our ICT flagship, which works with digital technology start-ups in many ways. These include the Cyberport Incubation Programme and Creative Micro Fund and Accelerator Support programmes. Cyberport also features Smart-Space, a co-working space of more than 140 000 square feet.
 
     To expand on that good work, my Government has allocated an additional US$1.3 billion to Science Park and close to US$40 million to Cyberport recently. Part of that will be used to expand support for their tenants and incubatees.
 
     To take the lead in encouraging innovation, we will be introducing a pro-innovation government procurement policy next year. This will involve changes in the tendering and sourcing of goods and services as well as in the tender evaluation.
 
     Our doors are wide open and welcoming to entrepreneurs and start-ups from Nordic countries. And Nordic Innovation House can only accelerate your connections to Hong Kong opportunity. That, ladies and gentlemen, means China opportunity as well, particularly the fast-emerging Guangdong-Hong Kong-Macao Greater Bay Area. I know you will hear more about the promise of the Bay Area later on.
 
     But let me say that, just as Nordic co-operation brings together a regional partnership, so, too, will the Greater Bay Area create a southern China partnership, one counting some 70 million people and a GDP valued at US$1.5 trillion. Hong Kong, and the Nordic companies that connect with Hong Kong, will be at the heart of the Greater Bay Area. I am confident that we will excel working together.
 
     So let me wish Nordic Innovation House every success in Hong Kong. Thank you very much.

Photo  Photo  Photo  



LCQ11: Enactment of laws to encourage people to help others altruistically

     Following is a question by the Hon Luk Chung-hung and a written reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (November 28):
 
Question:
 
     It is learnt that some countries have enacted "Good Samaritan" laws which provide that a rescuer may be exempt from legal liabilities for certain damage caused to the rescued person by gratuitously undertaking such rescue in emergency situations. In addition, the United States enacted the Good Samaritan Food Donation Act in 1996 to discharge food donors from the legal liabilities that might arise from recipients falling sick after consuming the donated food. There have been comments that although the Fire Services Department has recently introduced a character named "Anyone" to promote to the public the message that "anyone can save lives", the current absence of the aforesaid legislation in Hong Kong has discouraged members of the public from helping others altruistically. In this connection, will the Government inform this Council:
 
(1) whether it conducted, in the past three years, studies on enacting the aforesaid legislation and consultation with the relevant policy bureaux, government departments and stakeholders; if so, of the details; if not, the reasons for that;
 
(2) whether it has reviewed the adequacy of the measures currently in place to protect rescuers and food donors from bearing legal liabilities; and
 
(3) of the measures in place to promote the culture of rendering first aid and donating surplus food to other people?
 
Reply:
 
President,
 
     Having consulted the Security Bureau (SB) and the Environment Bureau (ENB), my reply to the various parts of the question raised by the Hon Luk Chung-hung is as follows:
 
(1) and (2) For first aiding, there is currently no legislation in Hong Kong which provides for the exemption of rescuers from legal liabilities that might be incurred in performing first aid. The issue of whether such legislation is necessary and suitable to be introduced requires thorough discussion among relevant policy bureaux, departments and stakeholders, taking into consideration various factors and requisite conditions, including the public awareness of heart attack and their knowledge of the first aid for it, as well as the level of first aid training of rescuers.
 
     As regards food donation, when the Environment and Conservation Fund (ECF) provides the funding support for surplus food recovery projects, food safety and public health are important factors of consideration. The ECF requires the participating non-governmental organisations (NGOs) to have implementation plan to ensure food safety in accordance with the "Food Safety Guidelines for Food Recovery" as prepared with the assistance of the Centre for Food Safety under the Food and Environmental Hygiene Department. Furthermore, during the operation of the project, at least one full-time officer possessing relevant qualifications should be appointed as the Hygiene Manager or the Hygiene Supervisor in the project team to be in charge of the food safety issues. 
 
     ENB understands that food donors and recipients have entered into food donation agreements and have made arrangements to deal with food safety and legal liability issues for the food donation projects currently. These help eliminate the anxiety of food donors arising from possible food safety liabilities. In view of this, there is no plan to introduce the Good Samaritan Law for food donation at this stage.
 
(3) The Government has been carrying out through different channels public promotion on first aid knowledge and food donation.
 
     The Fire Services Department (FSD) provides community training courses on cardiopulmonary resuscitation (CPR) and the use of automated external defibrillators (AED) for members of the public, including "CPR Training Programme in Campus", "Press to shock – Save a life" Public Access Defibrillation Course and the "Community Awareness on Responding to Emergency" (CARE) Programme. These courses teach the public about the knowledge and skills of CPR and the use of AED, in the hope that when a patient suffers from cardiac arrest, members of the public can immediately resuscitate the patient and increase the patient's survival rate. Moreover, the FSD has established the Community Emergency Preparedness Division in October 2018. The Division is responsible for formulating and implementing strategies on community emergency preparedness as well as introducing new elements into public education on fire prevention and ambulance services, which include strengthening the public's knowledge on CPR and the use of AED. 
 
     The Accident and Emergency Training Centre of the Hospital Authority (HA) will continue to provide various types of emergency medical training courses, including courses on CPR and the use of AED, for HA staff and members of the public.
 
     The Government will continue to collaborate with other public and private organisations through various means for the publicity, promotion, education and training on first aid skills.
 
     Regarding food donation, according to the "Food Waste & Yard Waste Plan for Hong Kong 2014 – 2022" published by the Government in 2014, promotion of food donation would help food waste reduction at source. In view of this, amongst other plans, the ECF provides support to NGOs in collecting edible surplus food from markets, retail shops and food wholesalers, as well as distributing them to those in need in the society, with an aim to create a caring society and reduce food waste generation. As of October 2018, the ECF has approved of 37 projects with funding support of over $68 million. Around 6 900 tonnes of surplus food would be collected and distributed to around 8.9 million beneficiaries.




LCQ17: Combating trafficking in persons and enhancing protection of foreign domestic helpers

     Following is a question by the Hon Kenneth Leung and a written reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (November 28):

Question:

     In March this year, the Government set up a high-level inter-bureau and inter-departmental steering committee led by the Chief Secretary for Administration, and promulgated an Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan) so as to tackle trafficking in persons (TIP) and enhance protection of foreign domestic helpers (FDHs). In this connection, will the Government inform this Council:

(1) in respect of the efforts made by various policy bureaux and government departments to implement the various measures under the Action Plan, of (i) the progress and effectiveness of such efforts and (ii) the additional manpower and other resources deployed, so far;

(2) of the number of persons, among those foreigners arrested in each of the past five years for suspected engagement in sex work, that were identified as TIP victims after going through the existing TIP victim screening mechanism (screening mechanism), and the follow-up actions taken by the authorities in respect of such victims;

(3) in respect of those persons mentioned in (2) who were not identified as TIP victims, of the measures put in place to ensure that such persons are not TIP victims as defined in the Palermo Protocol; whether it has reviewed if the screening mechanism can accurately identify this type of victims; if so, of the outcome; if not, the reasons for that;

(4) of the current number of foreign workers who have come to work in Hong Kong under the Supplementary Labour Scheme (the Scheme), together with a breakdown by trade; whether the Labour Department (LD) took the initiative, in the past five years, to investigate if the remuneration, working environment and assigned accommodation for such workers met the requirements of the Scheme and the labour legislation, so as to examine if they were subject to exploitation related to TIP or forced labour; if LD did, of the respective numbers of cases in which investigations were conducted and non-compliance/ contravention of the law was uncovered, as well as the respective numbers of the persons concerned who were given warning, prosecuted and convicted; if LD did not investigate, the reasons for that; and

(5) of the current number of FDHs working in Hong Kong; whether LD took the initiative, in the past five years, to investigate if the work arrangements and accommodation conditions of FDHs met the requirements of the employment contracts and the relevant legislation, so as to examine if they were subject to exploitation related to TIP or forced labour; if LD did, of the respective numbers of cases in which investigations were conducted and non-compliance/contravention of the law was uncovered, as well as the respective numbers of the persons concerned who were given warning, prosecuted and convicted; if LD did not investigate, the reasons for that?

Reply:

President,

     Trafficking in persons (TIP) is not prevalent in Hong Kong. However, the Hong Kong Special Administrative Region (HKSAR) Government never takes the matter lightly, and has been combating the crimes seriously through a multi-pronged approach.

     In order to provide high-level policy steer on the overall strategy and measures to tackle TIP and enhance protection of foreign domestic helpers (FDHs), the HKSAR Government established in March this year a high-level inter-bureau/departmental Steering Committee, which is chaired by the Chief Secretary for Administration, with the Secretary for Security and the Secretary for Labour and Welfare as vice chairmen. Membership of the Steering Committee includes heads of the Hong Kong Police Force (Police), Immigration Department (ImmD), Customs and Excise Department (C&ED), Labour Department (LD) and Social Welfare Department (SWD), as well as Director of Public Prosecutions of the Department of Justice (DoJ). At the same time, the Government promulgated the Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan), which outlines a package of more than 30 multi-faceted measures (including more than 10 new measures and over 20 ongoing measures) that are comprehensive, strategic and targeted, covering multiple areas including victim identification, investigation, enforcement, prosecution, victim protection and support, prevention, and partnership with different stakeholders, etc.

     Our reply (prepared in consultation with the Labour and Welfare Bureau and LD) to Hon Leung's question is as follows.

(1) Since the promulgation of the Action Plan, the Steering Committee has been taking forward the implementation of measures set out in the Action Plan.

     On victim identification, the Police extended the victim screening mechanism to cover all 24 police districts and relevant units in July this year. C&ED also fully implemented the screening mechanism within the department. To tie in with the extension of the mechanism, the Police had assigned one team from Organised Crime and Triad Bureau and one Regional Crime Unit from each of the six police regions as the dedicated teams to handle cases relating to TIP and exploitation of FDHs. Besides, ImmD, C&ED, LD and DoJ also appointed dedicated teams or officers to handle TIP and FDH exploitation cases so as to strengthen their co-ordination.

     On investigation, the "Inter-departmental Joint Investigation Team" (JIT) comprising the Police, ImmD, C&ED and LD continued to meet regularly to discuss the latest TIP trends and enforcement measures against TIP, exchange information as well as conduct joint investigations. To further enhance the effectiveness of joint investigations, JIT plans to develop an inter-departmental joint investigation mechanism to deal with relevant cases.

     The HKSAR Government also continued to foster closer partnership with other stakeholders. This year, the HKSAR Government actively participated in TIP-related campaigns organised by civil society and other sectors of the community, including the Launch of the Handbook on Initial Victim Identification and Assistance for Trafficked Persons and the International Conference on Combatting Human Trafficking 2018, etc. Moreover, the Inter-departmental Working Group on Trafficking in Persons (TIP Working Group) had also met with over 10 non-governmental organisations to exchange views on anti-TIP works.

     In addition, the Government has all along been providing relevant training to officers of law enforcement agencies (LEAs), LD, SWD and prosecutors of DoJ. The number of officials receiving training has been increasing over the years. During the first nine months of 2018, about 1 800 officers from the Security Bureau and LEAs, DoJ, LD and SWD, the Hospital Authority and the CEASE Crisis Centre (Note) received local or overseas TIP-related training. Among them, the Hospital Authority and the CEASE Crisis Centre participated in such anti-TIP training for the first time. Meanwhile, LEAs continued to actively participate in international or regional conferences and workshops to identify the best practice against TIP.

     Other new measures under the Action Plan will be launched gradually. Taking into account the implementation situation of the Action Plan, relevant departments will seek resources under the existing mechanism where necessary.

(2) and (3) One of the key tasks in combating TIP is to keep strengthening and improving the mechanism for identifying victims. ImmD first launched a TIP victim screening mechanism in 2015. The mechanism was then gradually extended to some police districts of the Police and some formations of the C&ED in 2016 and 2017. 

     In July 2018, the Police extended the victim screening mechanism to cover all 24 police districts and relevant units, and C&ED also implemented the screening mechanism department-wide. Under the mechanism, Police, ImmD and C&ED officers will conduct screenings on vulnerable persons (for example, illegal immigrants, sex workers, illegal workers, FDHs, imported workers, etc., as well as other suspected victim cases) who are arrested or who report themselves as victims to the authorities.

     Although the Palermo Protocol has not been applied to Hong Kong, the screening conducted by LEA officers follows the definition of TIP set out in the Palermo Protocol, including whether threat and coercion are involved in the victim recruitment and whether they have been exploited. In 2016, 2017 and 2018 (January to September), respectively 2 515, 4 710 and 5 308 screenings were conducted on vulnerable persons (including sex workers) under the abovementioned victim screening mechanism. In the same period, a total of 29 persons were identified as victims, and three of them involved TIP for the purpose of sexual exploitation or prostitution as referred to in the Palermo Protocol.

     Identified TIP victims will be referred to relevant departments for follow-up actions and will be provided with necessary protection and support according to their individual situations, such as urgent intervention, medical services, counselling, shelter and other supporting services.

     The TIP Working Group and LEAs will review the victim screening mechanism and the checklist of screening questions from time to time in response to crime trends, departmental operational experience, and feedback from civil society organisations, etc. Improvement measures will be introduced as needed to ensure that the screening mechanism remains effective.

(4) According to available information, the number of imported workers working in Hong Kong under the Supplementary Labour Scheme (SLS) and the breakdown by job title as at end-October 2018 are set out in Annex 1.

     The Government attaches great importance to protecting the employment rights of imported workers. Both imported workers and local workers are comprehensively protected by the labour laws of Hong Kong. In addition, imported workers and their employers are required to enter into a Standard Employment Contract (SEC) prescribed by the Government for the purpose of SLS. Labour inspectors of the LD carry out inspections of the workplaces and accommodation of imported workers from time to time and conduct interviews with imported workers individually without interference of any third party (including employers). During interviews with imported workers, labour inspectors inquire of and explain to them their rights and benefits under the Employment Ordinance (Cap 57) (EO) and SEC. At the same time, labour inspectors check whether the employers have complied with relevant labour laws and terms of SEC by examining imported workers' wage and attendance records, employment records and the employees' compensation insurance policy, etc. Moreover, labour inspectors provide an information card with contact telephone numbers of LD and relevant law enforcement departments/organisations to imported workers to facilitate their enquiries or complaints with these parties in future.

     From 2013 to 2017, labour inspectors conducted a total of 3 368, 3 256, 3 236, 3 653 and 4 976 inspections in the respective years in handling cases of imported workers. If an employer is suspected of breaching the EO or SLS requirements, LD would conduct prompt investigation. Depending on the circumstances of the breaches, LD would issue written warnings to the employers concerned, and prosecutions would be taken out against the offending employers where there is sufficient evidence and the imported workers agree to act as prosecution witnesses. From 2013 to 2017, LD issued a total of 301 written warnings to employers of imported workers and successfully prosecuted three employers.

     Imported workers can call LD's 24-hour hotline or the hotline of SLS to lodge complaints if their employers are suspected to have breached the labour laws or SLS requirements. LD will conduct in-depth investigation into complaints received.

(5) According to available information, as at end-October 2018, there were 385 141 FDHs in Hong Kong.

     The Government has all along been firmly committed to protecting FDHs' employment rights and benefits and the support provided to them, and does not tolerate any abuse of FDHs. LD has been enhancing through different means FDHs' awareness of their rights and benefits as well as of the channels through which they may seek assistance, for example through distributing information packs to FDHs arriving at the Hong Kong airport, staging information kiosks at popular gathering places of FDHs on their rest days, publishing promotional materials, and producing promotional videos, etc. LD also maintains close collaboration with the governments of FDHs' home countries and their consulates-general in Hong Kong, and regularly participates in the welcoming programmes organised by the consulates, in order to enhance the awareness of newly-arrived FDHs about their statutory rights and benefits as well as channels to seek assistance. 

     LD has not entered the places of work and residence of FDHs for inspections as such places are the private residences of their employers. The Government encourages FDHs who suspect their rights and benefits being infringed to seek assistance as soon as possible so that relevant government departments can investigate and follow up. Apart from the branch offices of its Labour Relations Division, LD also provides a 24-hour hotline as well as online forms on the dedicated FDH and Employment Agency (EA) Portals so that FDHs can send in enquiries and lodge complaints about matters related to their employment rights and benefits and EAs more conveniently. 

     Figures related to LD's enforcement against FDH employers and EAs from 2013 to 2017 are set out in Annex 2. In addition, since the promulgation of the Code of Practice for EAs in January 2017 and up to end-September 2018, LD issued a total of 47 written warnings to EAs.

Note: The CEASE Crisis Centre, operated by non-governmental organisation, provides crisis intervention and support services which aims to serve victims of sexual violence and individuals/families encountering domestic violence or other family crises. The support services include 24-hour hotline service, outreaching service and short-term accommodation service. The CEASE Crisis Centre is one of the designated crisis intervention and support services centre for handling TIP victim cases and such services are fully funded by the SWD.




LCQ17: Combating trafficking in persons and enhancing protection of foreign domestic helpers

     Following is a question by the Hon Kenneth Leung and a written reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (November 28):

Question:

     In March this year, the Government set up a high-level inter-bureau and inter-departmental steering committee led by the Chief Secretary for Administration, and promulgated an Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan) so as to tackle trafficking in persons (TIP) and enhance protection of foreign domestic helpers (FDHs). In this connection, will the Government inform this Council:

(1) in respect of the efforts made by various policy bureaux and government departments to implement the various measures under the Action Plan, of (i) the progress and effectiveness of such efforts and (ii) the additional manpower and other resources deployed, so far;

(2) of the number of persons, among those foreigners arrested in each of the past five years for suspected engagement in sex work, that were identified as TIP victims after going through the existing TIP victim screening mechanism (screening mechanism), and the follow-up actions taken by the authorities in respect of such victims;

(3) in respect of those persons mentioned in (2) who were not identified as TIP victims, of the measures put in place to ensure that such persons are not TIP victims as defined in the Palermo Protocol; whether it has reviewed if the screening mechanism can accurately identify this type of victims; if so, of the outcome; if not, the reasons for that;

(4) of the current number of foreign workers who have come to work in Hong Kong under the Supplementary Labour Scheme (the Scheme), together with a breakdown by trade; whether the Labour Department (LD) took the initiative, in the past five years, to investigate if the remuneration, working environment and assigned accommodation for such workers met the requirements of the Scheme and the labour legislation, so as to examine if they were subject to exploitation related to TIP or forced labour; if LD did, of the respective numbers of cases in which investigations were conducted and non-compliance/ contravention of the law was uncovered, as well as the respective numbers of the persons concerned who were given warning, prosecuted and convicted; if LD did not investigate, the reasons for that; and

(5) of the current number of FDHs working in Hong Kong; whether LD took the initiative, in the past five years, to investigate if the work arrangements and accommodation conditions of FDHs met the requirements of the employment contracts and the relevant legislation, so as to examine if they were subject to exploitation related to TIP or forced labour; if LD did, of the respective numbers of cases in which investigations were conducted and non-compliance/contravention of the law was uncovered, as well as the respective numbers of the persons concerned who were given warning, prosecuted and convicted; if LD did not investigate, the reasons for that?

Reply:

President,

     Trafficking in persons (TIP) is not prevalent in Hong Kong. However, the Hong Kong Special Administrative Region (HKSAR) Government never takes the matter lightly, and has been combating the crimes seriously through a multi-pronged approach.

     In order to provide high-level policy steer on the overall strategy and measures to tackle TIP and enhance protection of foreign domestic helpers (FDHs), the HKSAR Government established in March this year a high-level inter-bureau/departmental Steering Committee, which is chaired by the Chief Secretary for Administration, with the Secretary for Security and the Secretary for Labour and Welfare as vice chairmen. Membership of the Steering Committee includes heads of the Hong Kong Police Force (Police), Immigration Department (ImmD), Customs and Excise Department (C&ED), Labour Department (LD) and Social Welfare Department (SWD), as well as Director of Public Prosecutions of the Department of Justice (DoJ). At the same time, the Government promulgated the Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan), which outlines a package of more than 30 multi-faceted measures (including more than 10 new measures and over 20 ongoing measures) that are comprehensive, strategic and targeted, covering multiple areas including victim identification, investigation, enforcement, prosecution, victim protection and support, prevention, and partnership with different stakeholders, etc.

     Our reply (prepared in consultation with the Labour and Welfare Bureau and LD) to Hon Leung's question is as follows.

(1) Since the promulgation of the Action Plan, the Steering Committee has been taking forward the implementation of measures set out in the Action Plan.

     On victim identification, the Police extended the victim screening mechanism to cover all 24 police districts and relevant units in July this year. C&ED also fully implemented the screening mechanism within the department. To tie in with the extension of the mechanism, the Police had assigned one team from Organised Crime and Triad Bureau and one Regional Crime Unit from each of the six police regions as the dedicated teams to handle cases relating to TIP and exploitation of FDHs. Besides, ImmD, C&ED, LD and DoJ also appointed dedicated teams or officers to handle TIP and FDH exploitation cases so as to strengthen their co-ordination.

     On investigation, the "Inter-departmental Joint Investigation Team" (JIT) comprising the Police, ImmD, C&ED and LD continued to meet regularly to discuss the latest TIP trends and enforcement measures against TIP, exchange information as well as conduct joint investigations. To further enhance the effectiveness of joint investigations, JIT plans to develop an inter-departmental joint investigation mechanism to deal with relevant cases.

     The HKSAR Government also continued to foster closer partnership with other stakeholders. This year, the HKSAR Government actively participated in TIP-related campaigns organised by civil society and other sectors of the community, including the Launch of the Handbook on Initial Victim Identification and Assistance for Trafficked Persons and the International Conference on Combatting Human Trafficking 2018, etc. Moreover, the Inter-departmental Working Group on Trafficking in Persons (TIP Working Group) had also met with over 10 non-governmental organisations to exchange views on anti-TIP works.

     In addition, the Government has all along been providing relevant training to officers of law enforcement agencies (LEAs), LD, SWD and prosecutors of DoJ. The number of officials receiving training has been increasing over the years. During the first nine months of 2018, about 1 800 officers from the Security Bureau and LEAs, DoJ, LD and SWD, the Hospital Authority and the CEASE Crisis Centre (Note) received local or overseas TIP-related training. Among them, the Hospital Authority and the CEASE Crisis Centre participated in such anti-TIP training for the first time. Meanwhile, LEAs continued to actively participate in international or regional conferences and workshops to identify the best practice against TIP.

     Other new measures under the Action Plan will be launched gradually. Taking into account the implementation situation of the Action Plan, relevant departments will seek resources under the existing mechanism where necessary.

(2) and (3) One of the key tasks in combating TIP is to keep strengthening and improving the mechanism for identifying victims. ImmD first launched a TIP victim screening mechanism in 2015. The mechanism was then gradually extended to some police districts of the Police and some formations of the C&ED in 2016 and 2017. 

     In July 2018, the Police extended the victim screening mechanism to cover all 24 police districts and relevant units, and C&ED also implemented the screening mechanism department-wide. Under the mechanism, Police, ImmD and C&ED officers will conduct screenings on vulnerable persons (for example, illegal immigrants, sex workers, illegal workers, FDHs, imported workers, etc., as well as other suspected victim cases) who are arrested or who report themselves as victims to the authorities.

     Although the Palermo Protocol has not been applied to Hong Kong, the screening conducted by LEA officers follows the definition of TIP set out in the Palermo Protocol, including whether threat and coercion are involved in the victim recruitment and whether they have been exploited. In 2016, 2017 and 2018 (January to September), respectively 2 515, 4 710 and 5 308 screenings were conducted on vulnerable persons (including sex workers) under the abovementioned victim screening mechanism. In the same period, a total of 29 persons were identified as victims, and three of them involved TIP for the purpose of sexual exploitation or prostitution as referred to in the Palermo Protocol.

     Identified TIP victims will be referred to relevant departments for follow-up actions and will be provided with necessary protection and support according to their individual situations, such as urgent intervention, medical services, counselling, shelter and other supporting services.

     The TIP Working Group and LEAs will review the victim screening mechanism and the checklist of screening questions from time to time in response to crime trends, departmental operational experience, and feedback from civil society organisations, etc. Improvement measures will be introduced as needed to ensure that the screening mechanism remains effective.

(4) According to available information, the number of imported workers working in Hong Kong under the Supplementary Labour Scheme (SLS) and the breakdown by job title as at end-October 2018 are set out in Annex 1.

     The Government attaches great importance to protecting the employment rights of imported workers. Both imported workers and local workers are comprehensively protected by the labour laws of Hong Kong. In addition, imported workers and their employers are required to enter into a Standard Employment Contract (SEC) prescribed by the Government for the purpose of SLS. Labour inspectors of the LD carry out inspections of the workplaces and accommodation of imported workers from time to time and conduct interviews with imported workers individually without interference of any third party (including employers). During interviews with imported workers, labour inspectors inquire of and explain to them their rights and benefits under the Employment Ordinance (Cap 57) (EO) and SEC. At the same time, labour inspectors check whether the employers have complied with relevant labour laws and terms of SEC by examining imported workers' wage and attendance records, employment records and the employees' compensation insurance policy, etc. Moreover, labour inspectors provide an information card with contact telephone numbers of LD and relevant law enforcement departments/organisations to imported workers to facilitate their enquiries or complaints with these parties in future.

     From 2013 to 2017, labour inspectors conducted a total of 3 368, 3 256, 3 236, 3 653 and 4 976 inspections in the respective years in handling cases of imported workers. If an employer is suspected of breaching the EO or SLS requirements, LD would conduct prompt investigation. Depending on the circumstances of the breaches, LD would issue written warnings to the employers concerned, and prosecutions would be taken out against the offending employers where there is sufficient evidence and the imported workers agree to act as prosecution witnesses. From 2013 to 2017, LD issued a total of 301 written warnings to employers of imported workers and successfully prosecuted three employers.

     Imported workers can call LD's 24-hour hotline or the hotline of SLS to lodge complaints if their employers are suspected to have breached the labour laws or SLS requirements. LD will conduct in-depth investigation into complaints received.

(5) According to available information, as at end-October 2018, there were 385 141 FDHs in Hong Kong.

     The Government has all along been firmly committed to protecting FDHs' employment rights and benefits and the support provided to them, and does not tolerate any abuse of FDHs. LD has been enhancing through different means FDHs' awareness of their rights and benefits as well as of the channels through which they may seek assistance, for example through distributing information packs to FDHs arriving at the Hong Kong airport, staging information kiosks at popular gathering places of FDHs on their rest days, publishing promotional materials, and producing promotional videos, etc. LD also maintains close collaboration with the governments of FDHs' home countries and their consulates-general in Hong Kong, and regularly participates in the welcoming programmes organised by the consulates, in order to enhance the awareness of newly-arrived FDHs about their statutory rights and benefits as well as channels to seek assistance. 

     LD has not entered the places of work and residence of FDHs for inspections as such places are the private residences of their employers. The Government encourages FDHs who suspect their rights and benefits being infringed to seek assistance as soon as possible so that relevant government departments can investigate and follow up. Apart from the branch offices of its Labour Relations Division, LD also provides a 24-hour hotline as well as online forms on the dedicated FDH and Employment Agency (EA) Portals so that FDHs can send in enquiries and lodge complaints about matters related to their employment rights and benefits and EAs more conveniently. 

     Figures related to LD's enforcement against FDH employers and EAs from 2013 to 2017 are set out in Annex 2. In addition, since the promulgation of the Code of Practice for EAs in January 2017 and up to end-September 2018, LD issued a total of 47 written warnings to EAs.

Note: The CEASE Crisis Centre, operated by non-governmental organisation, provides crisis intervention and support services which aims to serve victims of sexual violence and individuals/families encountering domestic violence or other family crises. The support services include 24-hour hotline service, outreaching service and short-term accommodation service. The CEASE Crisis Centre is one of the designated crisis intervention and support services centre for handling TIP victim cases and such services are fully funded by the SWD.




Government to gazette Fire Safety (Industrial Buildings) Bill

     The Government will publish the Fire Safety (Industrial Buildings) Bill in the Gazette this Friday (November 30).

     A spokesperson for the Security Bureau today (November 28) said, "The objective of the Bill is to bring the fire safety of old industrial buildings (IBs) up to present-day standards for better protection of life and property of the public." 

     The fire safety measures in existing buildings generally meet the standards prevailing at the time of their construction. Pursuant to the Buildings Ordinance, the planning, design and construction of a building is required to comply with the Ordinance and its subsidiary legislation. However, the fire safety standards of old buildings may fall short of the standards prescribed in the prevailing Codes of Practice published by the Fire Services Department (FSD) and the Buildings Department (BD). For example, pre-1987 industrial buildings may not be equipped with automatic sprinkler systems.

     "Fires at certain old IBs in recent years have heightened public concern over their fire risks," the spokesperson added.

     The Director of Fire Services and the Director of Buildings are the enforcement authorities under the Bill. The Bill will empower them to inspect the target IBs and issue fire safety directions to require the owners or occupiers to upgrade the fire service installations or equipment, or fire safety construction of such buildings to the required standards. Depending on the actual circumstances, improvement measures include installation of automatic sprinkler systems, provision of sufficient directional and exit signs, provision of secondary source of electrical power supply, provision of fire hydrant and hose reel systems, provision of adequate means of escape, and provision of fire-resistant construction to inhibit the spread of fire and ensure the structural integrity of the buildings. The owners or occupiers must comply with the requirements within the time limit as stipulated in the directions. 

     To ascertain the technical feasibility of the proposed fire safety requirements in pre-1987 IBs, the FSD and BD have jointly conducted a study, using three IBs of different ages as test cases. The study reveals that it is generally feasible to carry out the proposed improvement works for pre-1987 IBs, except that the building structure and actual circumstances would make it difficult for these buildings to add firefighting and rescue stairways or to provide refuge floors or staircase interchanges. The Bill will therefore not seek to impose such requirements on the owners.

     According to the BD's record, around 1 100 IBs will be subject to the regulation of the Bill. Upon passage by Legislative Council (LegCo), the Bill will be implemented in two phases, starting with some 400 IBs which were constructed or had their building plans submitted in or before March 1973. The majority of these IBs are not sprinkler-protected. 

     The Bill will be introduced into the LegCo for the First Reading and the Second Reading on December 12.