Author Archives: hksar gov

     A Pakistani illegal worker holding a recognisance form was jailed at Shatin Magistrates’ Courts yesterday (November 1).
      
     Immigration Department (ImmD) investigators received a referral from the Hong Kong Police Force to further investigate an illegal employment case in August. Enforcement officers arrested a male Pakinstani worker, aged 31, who was conveying goods in Kwai Chung. Upon identity checking, he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking employment. Further investigation revealed that he was a non-refoulement claimant. 
 
     The illegal worker was charged at Shatin Magistrates’ Courts yesterday with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. He pleaded guilty to the charge and was sentenced to 16 months’ imprisonment.
      
     The ImmD spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months’ imprisonment should be applied in such cases.
      
     The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.
      
     Under the existing mechanism, the ImmD will, as a standard procedure, conduct initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threat and coercion in the recruitment phase, and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent interference, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments. read more

     Hailed as one of the greatest jazz bassists, Ron Carter will collaborate with pianist Donald Vega, guitarist Russell Malone and key local jazz figure Ted Lo, who is a former member of the Ron Carter Quartet, for a performance in December.
 
     The concert by Ron Carter Trio will be staged at 7.30pm on December 1 (Saturday) at the Auditorium of Tsuen Wan Town Hall as one of the programmes in this year’s “Jazz Up” series. Audiences can expect sparks to fly at this long-awaited reunion between Carter and Lo.
 
     Ron Carter, now 81, is living jazz history. His musical prowess and achievements have long been recognised and his playing style is considered textbook material – a smooth bassline and a lively but steady bass pizzicato. He is peerless at emphasising chord tones in different intervals, while things like double stops are a “walk in the park”.
 
     Carter is among the most original, prolific, and influential jazz bassists, and was verified as the most recorded jazz bassist in history by Guinness World Records in 2015. From 1963 to 1968, Carter was a member of the classic and acclaimed Miles Davis Quintet. He continues to tour worldwide, playing to sold-out crowds across Europe, Asia, and South America.
 
     Carter was named Outstanding Bassist of the Decade by the Detroit News, Jazz Bassist of the Year by Downbeat magazine and Most Valued Player by the National Academy of Recording Arts and Sciences of the United States. He has earned two Grammy awards, one in 1987 for Best Instrumental Composition for “Call Sheet Blues” from the film “Round Midnight” and another in 1994 for Best Jazz Instrumental Group. In 2014, Carter was made a Commander of Order of Arts and Letters by the French Ministry of Culture.
 
     The concert by Ron Carter Trio is presented by the Leisure and Cultural Services Department. Tickets priced at $180, $250, $350 and $420 are now available at URBTIX (www.urbtix.hk). For telephone credit card bookings, please call 2111 5999. For programme enquiries and concessionary schemes, please call 2268 7321 or visit www.lcsd.gov.hk/CE/CulturalService/Programme/en/music/programs_627.html. read more

     Following is the speech delivered by the Commissioner of Police, Mr Lo Wai-chung, at the Force Remembrance Day today (November 2):      Colleagues and guests, we are here today to honour all members of the Hon… read more

     The Government published in the Gazette today (November 2) the Inland Revenue (Amendment) (No. 7) Ordinance 2018 to implement the initiative announced in the Chief Executive’s 2017 Policy Address of providing enhanced tax deduction for the expenditures incurred by enterprises on research and development (R&D) activities in Hong Kong.

     A government spokesman said, “To encourage more enterprises to conduct R&D locally so as to promote technological innovation and economic development as well as to groom local R&D talent, the Amendment Ordinance will provide enhanced tax deduction. This also addresses the calls from the business community. We aim to encourage more R&D investment from private enterprises, thereby gradually reversing the ratio of public sector expenditure versus private sector expenditure on R&D from government-led to private-led, which is more sustainable.”

     The Ordinance stipulates that R&D expenditures are now classified into either “Type A expenditures” which qualify for 100 per cent deduction or “Type B expenditures” which qualify for enhanced tax deduction. The enhanced tax deduction for “Type B expenditures” is a two-tier deduction regime. The deduction is 300 per cent for the first $2 million of the aggregate amount of payments made to “designated local research institutions” for “qualifying R&D activities”, and expenditures incurred by the enterprises for in-house qualifying R&D, and 200 per cent for the remaining amount. There is no cap on the amount of enhanced tax deduction. The arrangement is applicable to R&D expenditures incurred by enterprises on April 1, 2018, and thereafter.

     In addition, the Ordinance also empowers the Commissioner for Innovation and Technology to designate any university or college located in Hong Kong, or any other institute, association, organisation or corporation that undertakes “qualifying R&D activities” in Hong Kong, as a “designated local research institution” for tax deduction purposes. R&D service providers which provide R&D services in Hong Kong and are competent to provide such services may apply to the Innovation and Technology Commission (ITC) for designation. The detailed conditions and application procedures for designation will be available on the ITC webpage shortly. read more

     The Home Affairs Bureau today (November 2) announced the re-appointment of Mr Vincent Chow Wing-shing as Chairman of the Advisory Committee on Arts Development (ACAD). The new appointments and re-appointments are made for … read more