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Author Archives: hksar gov

Response to Joint Letter from Members of UK Parliament

    In response to comments contained in the Joint Letter from some Members of UK Parliament on the condition of fundamental freedoms and rule of law in the Hong Kong Special Administrative Region (HKSAR), a spokesman for the HKSAR Government made the following response today (July 10):

     Since the return to the Motherland, the HKSAR has been exercising a high degree of autonomy and “Hong Kong people administering Hong Kong” in strict accordance with the Basic Law. This demonstrates the full and successful implementation of the “one country, two systems” principle, which has been widely recognised by the international community.

     In the HKSAR, the fundamental rights of residents are fully protected by the Basic Law, the Hong Kong Bill of Rights Ordinance (Cap 383) (HKBORO) and other relevant legislation.

     The rule of law and judicial independence are the cornerstone of Hong Kong and the important elements of the success of the “one country, two systems” principle. The HKSAR Government has all along stood firm to guard and uphold the rule of law. The Department of Justice handles all criminal cases in accordance with the applicable law, relevant evidence and the Prosecution Code with no political consideration at all. The courts exercise judicial power independently.

     Under Article 158 of the Basic Law, the Standing Committee of the National People’s Congress (NPCSC) has the power to interpret the Basic Law. The NPCSC’s power of interpretation of the Basic Law is part of the constitutional order of the HKSAR, and is recognised by Hong Kong courts. The NPCSC Interpretation in 2016 clearly explains the meaning of Article 104 of the Basic Law and the consequences of contravening the provision. The Interpretation also explains clearly the requirements for oath-taking by specified officers, including members of the Legislative Council. Any allegation of “political screening” is misleading and ill-founded.

     Foreign legislatures should not interfere in any form in the internal affairs of the HKSAR. Statements arbitrarily made to undermine and bring possible damage to the rule of law and our well-recognised reputation in this regard is not conducive to Hong Kong’s progress. read more

TD’s response to media enquiries on residents’ service and ferry service for Park Island

     In response to media enquiries on residents’ service and ferry service for Park Island, a spokesman for the Transport Department (TD) today (July 10) gave the following reply:
 
     According to the Heads of Agreement concerning the Ma Wan northeastern comprehensive development area signed between the Government and Sun Hung Kai Properties Limited (the Developer), the Developer shall provide ferry service and has an obligation to provide bus service to and from Ma Wan.
 
     The Park Island Transport Company Limited (PITCL) has the responsibility to provide proper transport services to Ma Wan residents. The TD is gravely concerned about the PITCL’s failure in providing sufficient residents’ service during the peak hours yesterday evening (July 9) and this morning, resulting in long waiting time for residents. The TD has already urged the company to honour its obligation of providing proper transport services for residents. The PITCL responded that deployment has been made to ensure there are sufficient resources to deal with passenger demand. The TD will continue to closely monitor the situation.
 
     In processing any application for adjustment of service, residents’ needs will be the TD’s prime concern. read more

Updates on CFS’ follow-up on incident of prepackaged frozen vegetable products suspected to be contaminated with Listeria monocytogenes

     The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department said today (July 10) that the Centre has been following up on the incident of prepackaged frozen vegetable products produced by Greenyard Frozen suspected to be contaminated with Listeria monocytogenes and has earlier instructed the local importers concerned to stop sale and recall several kinds of affected products. The CFS has conducted further investigation according to the updated list of recall products provided by the United Kingdom Food Standards Agency and the Food Safety Authority of Ireland and found that the following affected frozen vegetable products have also been imported into Hong Kong. The CFS urged members of the public not to consume the affected products. The trade should also stop using or selling the products concerned immediately if they possess them.

     Details of the products are as follows:

1. Product name: Sainsbury’s Carrots, Broccoli and Sweetcorn Microwaveable steam bags
Packing: Four small packs of 135 grams per pack
Importer: The Dairy Farm Company Limited
Best-before date: All codes to January 2020 inclusive

2. Product name: Growers Pride Supersweet Sweetcorn
Packing: 450g per pack
Importer: PARKnSHOP (HK) Limited
Best-before date: All codes to July 2021 inclusive

3. Product name: Tesco Mixed Vegetables with Red Peppers
Packing: 1 kilogram per pack
Importer: China Resources Vanguard (HK) Company Limited
Best-before date: All codes to January 2020 inclusive

4. Product name: Tesco Classic Mixed Vegetables (Resealable)
Packing: 1kg per pack
Importer: China Resources Vanguard (HK) Company Limited
Best-before date: All codes to January 2020 inclusive

     “The CFS’ further investigation found that three local importers had imported the above affected products into Hong Kong for sale at their chain supermarkets. The importers concerned have already stopped sale and removed from shelves the affected products and initiated a recall according to the CFS’ instructions. Members of the public may call the hotlines of the importers concerned, the Dairy Farm Company Limited at 2299 1133, PARKnSHOP (HK) Limited at 2606 8658 and China Resources Vanguard (HK) Company Limited at 2586 3000, during office hours for enquiries about the recall,” a CFS spokesman said.

     In addition, the Centre has received a notification from the Rapid Alert System for Food and Feed (RASFF) of the European Commission that frozen vegetable products produced by Greenyard Frozen are also being recalled due to possible contamination with Listeria monocytogenes. According to the information provided by the RASFF, a local importer had imported an affected batch of product. The CFS’ investigation confirmed that the product concerned had been imported and sold out.

     Product details are as follows:

Product name: Pinguin Sweet Corn Kernels
Packing: 2.5kg per pack
Importer: Buah Buahan Ltd
Best-before date: June 2, 2019

     “Listeria monocytogenes can be easily destroyed by cooking but can survive and multiply at refrigerator temperature. Most healthy individuals do not develop symptoms or only have mild symptoms like fever, muscle pain, headache, nausea, vomiting or diarrhoea when infected. However, severe complications such as septicemia, meningitis or even death may occur in newborns, the elderly and those with a weaker immune system. Although infected pregnant women may just experience mild symptoms generally, the infection of Listeria monocytogenes may cause miscarriage, infant death, preterm birth, or severe infection in newborns,” the spokesman said.

     The spokesman urged consumers not to consume the affected products if they have bought any. The trade should also stop using or selling the products concerned immediately if they possess them.

     The CFS will alert the trade to the incident, and will continue to monitor the cases and take appropriate follow-up action, including making timely announcements on the latest information of the products which need to be recalled. Investigation is ongoing. read more

Interim arrangement for applications from parties in a foreign legally recognised same-sex relationship for entry for residence as dependants in Hong Kong to continue

     In view of the judgment handed down by the Court of Final Appeal (CFA) in QT v Director of Immigration (FACV No. 1 of 2018) on July 4, 2018, the Government is now reviewing the dependant immigration policy to give effect to the judgment. Pending completion of the said policy review, the Immigration Department (ImmD) will continue to implement its interim arrangement for applications from a party in a foreign legally recognised same-sex relationship with eligible sponsors for entry for residence as dependants in Hong Kong.   
 
     Under the prevailing dependant immigration policy, the Director of Immigration (Director) will favourably consider an application from the spouse of an eligible sponsor for entry for residence as a dependant in Hong Kong if the spouse meets the normal immigration requirements and the following specific eligibility criteria:
 
(i) there is reasonable proof of a genuine relationship between the applicant and the sponsor;
(ii) there is no known record to the detriment of the applicant; and
(iii) the sponsor is able to support the applicant’s living at a standard well above the subsistence level and provide him/her with suitable accommodation in Hong Kong.
 
     The Director has all along adopted the meaning of “spouse” as a party to a marriage consisting of one man and one woman as recognised by the laws of Hong Kong.
 
     Under the interim arrangement, subject to the meeting of normal immigration requirements and the above specific eligibility criteria, the Director will grant a party in a foreign legally recognised same-sex relationship with eligible sponsors permission to remain in Hong Kong for 12 months or in line with their sponsors’ limit of stay (if applicable), whichever is shorter, subject to a time limitation only without other conditions of stay. During this period, the concerned party may take up employment, establish or join in business or study in Hong Kong without the need for prior permission from the Director.
 
     The above interim measure has been put in place by ImmD after the Court of Appeal’s judgment allowing the Applicant QT’s appeal and pending the Director’s then appeal to the CFA. It does not pre-empt the way forward of the said policy review and should not be regarded as equivalent to giving legal recognition to same-sex relationships under the laws of Hong Kong. The Government respects the CFA’s decision on the QT case and will strive to complete the policy review within reasonable time.
 
     In QT v Director of Immigration, the Applicant, QT, lodged an application for judicial review against the Director’s decision of refusing her application for entry for residence in Hong Kong as a dependant of her same-sex civil partner on the grounds that she was not a “spouse” under the prevailing dependant immigration policy. The Court of First Instance (CFI) dismissed the application for judicial review, but the Court of Appeal reversed the CFI’s judgment on appeal. On July 4, 2018, the CFA dismissed the Director’s appeal. read more