Author Archives: hksar gov

     The Transport Department (TD) today (October 31) reminded the public that special traffic and transport arrangements will be implemented in So Kon Po and Causeway Bay this Sunday (November 4) to facilitate the holding of the Hong Kong Scout Rally at Hong Kong Stadium.

     The special traffic and transport arrangements mainly include:

* From about 6.30am the section of Caroline Hill Road between Leighton Road and Cotton Path, and the section of Hysan Avenue westbound between Sunning Road and Hoi Ping Road, will be closed subject to the actual situation;

* From about 11am, Caroline Hill Road, Cotton Path and Eastern Hospital Road will be closed to facilitate the dispersal of participants, until the crowd disperses and road closures are lifted subject to the actual situation;

* During the road closure period, Citybus route 5B, New World First Bus route 8H, cross harbour route 936 and green minibus routes 14M, 26 and 30 will be temporarily diverted; and

* On-street car parking spaces and car parks within the affected areas will be suspended.

     The TD anticipates that the traffic in the vicinity of So Kon Po and Causeway Bay will be significantly congested. Motorists are advised to avoid driving to the affected areas. In case of traffic congestion, motorists should exercise tolerance and patience, and follow the instructions of the Police. Members of the public planning to go to the affected area are advised to use public transport as far as possible.

     The TD and the Police will closely monitor the traffic situation and implement appropriate measures whenever necessary. Members of the public are advised to stay alert to the latest traffic news on radio and television.

     Details of the special traffic and transport arrangements are now available on the TD’s website (www.td.gov.hk). read more

     Following is a question by the Hon Holden Chow and a written reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (October 31):
 
Question:
 
     Under section 4(1) of the Public Cleansing and Prevention of Nuisances Regulation (Cap 132BK) (the Regulation), no person shall deposit any litter in any public place, in the common parts of any building, on any land (except with the consent of the owner of the land), etc. Law enforcement officers of the Food and Environmental Hygiene Department (FEHD) may take law enforcement actions under that provision against persons dirtying the aforesaid places by feeding birds (e.g. leaving behind residual feed on the ground). Nevertheless, there are from time to time persons who persistently feed birds in the common parts of private land, which causes hygiene problems. In this connection, will the Government inform this Council:
 
(1) of the number of persons to whom fixed penalty notices for feeding birds were issued, by invoking section 4(1) of the Regulation, by FEHD in each of the past three years (set out by District Council district); and
 
(2) of the respective numbers of cases among those in (1) in which bird feeding took place (i) in the common parts of public rental housing estates and private housing estates and (ii) on private lands; if there was no such case, of the reasons for that, and whether the Government will assist the administrators of private lands in stopping bird feeding in the common parts of private lands and imposing punishment for such acts; if so, how it will provide assistance?
 
Reply:
 
President,
 
     At present, there is no legislation which regulates bird feeding. However, people who are dirtying public places by feeding birds, e.g. leaving residual feed on the ground, will contravene section 4(1) of the Public Cleansing and Prevention of Nuisances Regulation (Cap 132BK). The Food and Environmental Hygiene Department (FEHD) may take enforcement actions against the offenders under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap 570).
 
     To address the environmental hygiene problems caused by the congregation of wild birds, FEHD has been making appeals through various channels, including erecting warning signs and distributing pamphlets to the public to advise them to refrain from feeding and thus gathering wild birds in order to maintain environmental hygiene. Also, to tackle the problem of feeding activities, the Agriculture, Fisheries and Conservation Department (AFCD) has produced new television and radio APIs and microfilms which have been broadcasted on various media platforms since February 2018. Meanwhile, a new website (nofeeding.afcd.gov.hk/english/index.html) was launched in May 2018 to enhance publicity. My reply to the Member’s questions is as follows:
 
(1)  FEHD has set up 19 dedicated enforcement teams, primarily responsible for stepping up enforcement actions against various public cleanliness offences. FEHD issued 90, 109 and 174 fixed penalty notices in 2015, 2016 and 2017 respectively against people who dirtied public places while feeding wild birds. The breakdown by District Council districts is as follows:
 

District	2015	2016	2017
Central and Western	11	19	28
Wan Chai	10	10	15
Eastern	12	6	27
Southern	4	6	7
Islands	15	7	9
Yau Tsim Mong	9	14	7
Sham Shui Po	10	25	38
Kowloon City	2	4	5
Wong Tai Sin	4	0	1
Kwun Tong	0	1	0
Kwai Tsing	1	1	0
Tsuen Wan	1	0	0
Tuen Mun	4	0	8
Yuen Long	4	5	4
North	0	0	3
Tai Po	0	1	0
Sha Tin	2	4	18
Sai Kung	1	6	4
Total	90	109	174

Note: Figures of prosecution by way of summons are not included above.
 
(2) FEHD does not maintain the required breakdown. Due to resources and priority considerations, FEHD mainly focus its enforcement actions in public places.
 
     The Housing Department (HD) is responsible for the management within public rental housing estates. If any person is found to be feeding wild birds in the common areas of the public housing estates and dirtying the place, for example, leaving residual feed, authorised HD staff may take enforcement actions for contravention of section 4(1) of the Public Cleansing and Prevention of Nuisances Regulation (Cap 132BK) against the feeder. If the feeder is a tenant or authorised resident of the estate, HD staff will also allot points to the household under the Marking Scheme for Estate Management Enforcement.
 
     As regards private areas, their management responsibility rests with owners (such as incorporated owners) and property management agencies which may remind people to keep such areas clean and not to feed wild birds. Owners or incorporated owners can also perform their obligations and exercise their rights under the Deed of Mutual Covenant (DMC). If necessary, they may seek legal advice and take actions against relevant persons according to applicable provisions under the respective DMC.
 
     Moreover, AFCD has published new banners, posters and pamphlets for displaying at places where feral pigeons gather as well as posting and distribution by various departments and private housing estates, and will continue to conduct roving exhibitions at different venues to remind the public not to feed feral pigeons. read more

     Following is a question by the Hon Starry Lee Wai-king and a reply by the Secretary for Financial Services and the Treasury, Mr James Lau, in the Legislative Council today (October 31):
 
Question:
 
     The Standing Committee of the National People’s Congress passed in August this year the Draft Amendment to the Individual Income Tax Law (the new tax law), which will take effect on January 1 next year. Under the new tax law, the length of residency for which an individual must pay individual income tax on his or her income obtained inside and outside China is shortened from the current one year to 183 days. Those Hong Kong people who will be affected include the following three categories: persons who reside and work on the Mainland, persons who reside on the Mainland but return to Hong Kong every day for work, and retirees who have settled on the Mainland. In this connection, will the Government inform this Council whether:
 
(1) it has assessed the respective numbers of the aforesaid three categories of Hong Kong people who will be affected by the new tax law;
 
(2) it had, before the passage of the new tax law, relayed to the Central Authorities the impact of the new tax law on Hong Kong people; if so, of the details; if not, the reasons for that; and
 
(3) it has measures put in place to mitigate the impacts of the new tax law on Hong Kong people; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     Many Hong Kong residents reside and work in the Mainland with the ever-closer ties between Hong Kong and the Mainland. Recognising their concerns about their tax obligations in the Mainland, the Special Adminitrative Region (SAR) Government has been communicating with the relevant Mainland authorities on tax matters concerning Hong Kong residents in the Mainland.
 
     My reply to the Hon Lee’s question is as follows:
 
(1) Currently, the Government does not have comprehensive statistical information on Hong Kong people residing or working in the Mainland. Nothwithstanding, the Census and Statistics Department (C&SD) has been making use of the movement records of Hong Kong permanent residents to compile and release the estimation of “Hong Kong residents usually staying in the Guangdong Province” since 2016. These residents refer to Hong Kong permanent residents who have stayed in the Guangdong Province for six months and above cumulatively during the six months before and after the reference time-point. As at end-2017, the estimated number of such persons was around 530 000, among which about 40% were aged between 25 and 64. Since C&SD assumes that Hong Kong permanent residents departing Hong Kong via land control points and the China Ferry Terminal are travelling to the Guangdong Province, the estimation concerned cannot differentiate those who then travel to other areas in the Mainland or outside the Mainland. Besides, their purposes of stay (e.g. for work, study or settlement) in the Guangdong Province could not be ascertained in the estimation.
 
(2) and (3) The SAR Government understands and fully respects our country’s legislative amendment exercise to enhance the tax regime. At the same time, we know that the business sector and some groups are very concerned whether the amended Individual Income Tax Law of the People’s Republic of China will increase the tax burden on Hong Kong people who work or live in the Mainland, and affect Hong Kong people’s desire to develop in the Guangdong-Hong Kong-Macao Greater Bay Area. Therefore, we have been communicating with the relevant Mainland authorities on this matter over the past few months to relay the concerns of Hong Kong people.
 
     We are pleased to note that the Ministry of Finance and the State Administration of Taxation have taken into consideration the views expressed by the SAR Government and Hong Kong people, and recently commenced a public consultation on the Regulations for the Implementation of the Individual Income Tax Law of the People’s Republic of China (Amendment Draft for Consultation) on October 20, 2018. It is proposed that, a resident individual who has no domicile and has resided in the Mainland for an annual aggregate of 183 days or more for less than five consecutive years, or has resided in the Mainland for an annual aggregate of 183 days or more for five consecutive years but during which there is a single absence from the Mainland of more than 30 days, may, upon filing records with the relevant tax authorities, pay individual income tax with respect to his/her income derived from sources outside the Mainland only on the part paid by enterprises, institutions and other economic organisations or resident individuals in the Mainland. This arrangement has largely retained the tax concession for individuals who have no domicile and have resided in the Mainland for less than five years under the existing Regulations for the Implementation of the Individual Income Tax Law of the People’s Republic of China. We believe that the proposal has addressed the concerns of the majority of Hong Kong people working in the Mainland. The public consultation will close on November 4, 2018.
 
     As regards the concern of Hong Kong retirees residing in the Mainland and the detailed interpretation of the Regulations for the Implementation of the Individual Income Tax Law, the SAR Government will continue to follow up with the relevant Mainland authorities. We hope measures to be implemented will be more beneficial to Hong Kong people after clarification is made.
 
     Thank you, President. read more

     The Food and Environmental Hygiene Department (FEHD) today (October 31) invited interested parties to join auctions for stalls at the 2019 Lunar New Year (LNY) fairs on Hong Kong Island, in Islands District and in Kowloon. The … read more

     The Land Registry (LR) released the Land Registry Trading Fund (LRTF) Annual Report 2017/18 today (October 31).

     “For the financial year ending March 31, 2018, the LRTF posted a profit of $131.8 million and achieved a 38.1 per cent financial return on fixed assets, mainly due to an increase in business volume,” the Land Registrar, Ms Doris Cheung, said.

     According to the report, the total number of documents registered and searches of land registers increased by 12.8 per cent and 6.1 per cent respectively when compared to the financial year of 2016/17.

     Ms Cheung said that the LR exceeded all targets set in its performance pledges and implemented various enhancements to the Integrated Registration Information System Online Services. The LR also launched the e-Alert Service for authorised institutions (AIs) under the Banking Ordinance (i.e. licensed banks, restricted licence banks and deposit-taking companies) to help them better manage credit risks in mortgage lending with effect from February 2017. With the consent of the relevant property owners, the AIs subscribing to the Service will receive electronic notifications from the LR when further charges or mortgage documents in respect of the properties mortgaged to the AIs concerned are lodged for registration in the LR. In order to provide greater security and convenience to the AIs for submission of applications for the Service as well as to increase the operational efficiency of both the AIs and the LR, the LR plans to introduce an e-channel for the Service in 2019.

     The LR has also been making continuous efforts in engaging the key stakeholders for the early implementation of a title registration system in Hong Kong. During the past year, the LR continued to discuss and exchange views with the key stakeholders on the proposal of introducing title registration on new land first (the “new land first” proposal) and the outstanding issues concerning conversion under the proposed Two-Stage Conversion Mechanism. In addition, the LR shared with them its interim findings of the study of the latest developments regarding title registration legislations and good practices adopted in some overseas common law jurisdictions. While continuing the efforts to resolve the outstanding issues on conversion with the key stakeholders and build consensus on the “new land first” proposal, the LR will complete the overseas jurisdiction study with a view to enhancing the proposals on amendments to the Land Titles Ordinance.

     Ms Cheung concluded that although the LR’s business performance is susceptible to the volatility of the property market, the LR will keep in view its financial position, take measures to contain expenditures and explore new business opportunities to meet customers’ needs.

     The report was tabled in the Legislative Council today. It can also be viewed or downloaded from the LR’s website (www.landreg.gov.hk). read more