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     The 17th Meeting of the Guangdong/Hong Kong Expert Group on the Protection of Intellectual Property Rights was held in Guangzhou today (August 21). The Expert Group agreed to further strengthen co-operation, reinforce existing accomplishments, continue to promote the development of intellectual property (IP) trading and high-end service industry, foster regional scientific research achievements and innovative developments, and promote the further development of IP co-operation between Guangdong and Hong Kong through embracing the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Greater Bay Area development.
 
     Co-operation projects of the Expert Group for 2018-19 cover the following seven areas:
 
* Enhancing co-operation mechanisms on IP between Guangdong and Hong Kong;
* Strengthening co-operation on IP in the Bay Area;
* Reinforcing co-operation on protection of IP in both places;
* Promoting co-operation on IP trading in both places;
* Promoting exchange and deliberation on IP in both places;
* Strengthening guidance service on IP in both places; and
* Organising IP promotion and education activities in both places.
 
     At the meeting, the two sides reviewed the co-operation projects completed in the past year. With respect to promoting IP co-operation in the Bay Area, the Expert Group proactively explored the co-operation opportunities in the Bay Area through organising a wide array of activities, including exchange activities in relation to arbitration and mediation, a seminar with the theme of “Brand Development of Classic Old Shops/Time-honoured Brands”, exchange activities organised in the Hengqin area of the Guangdong Pilot Free Trade Zone with the theme of “Supporting Young Entrepreneurs through High-end IP Services”, and production of short promotional videos about IP commercialisation in the Bay Area. 
 
     Other completed projects include organising the Guangdong/Hong Kong Seminar on IP and Development of Small and Medium Enterprises; inviting Expert Group members and enterprises from the Guangdong side to attend the Business of IP Asia Forum co-organised by the Government of the Hong Kong Special Administrative Region, the Hong Kong Trade Development Council and the Hong Kong Design Centre; organising exchange programmes relating to IP protection and exploitation; and organising promotion and education activities targeting the youth in both places.
 
     Key co-operation projects in the coming year include continuing to promote the development of IP trading in both places; enhancing the level and efficiency of commercialisation of scientific research achievements; organising a high-end IP symposium in the Bay Area; promoting settlement of IP disputes by arbitration or mediation; promoting collaboration of training institutes in Guangdong, Hong Kong and Macao on nurturing IP talents; continuing to promote the opportunities of IP commercialisation in the Bay Area through producing short videos; and facilitating sharing of IP information.
 
     As for cross-border protection on IP, law enforcement authorities in Guangdong and Hong Kong combated cross-border infringing activities through various co-operation mechanisms, including intelligence exchange, sharing of information resources, joint operations and project co-operation. In the coming year, Customs of both places will continue to focus on combating infringing activities destined for Hong Kong or for the Belt and Road countries through Hong Kong. The two sides will mount other joint project operations in a timely manner according to changing situations.
       
     During the press conference after the meeting, the Director of Intellectual Property, Ms Ada Leung, said, “The Expert Group completed 29 co-operation items in the past year and the results were encouraging. In the coming year, there are a number of co-operation items related to IP co-operation in the Bay Area. I look forward to the two sides working more closely to complement each other for mutual benefits, and to jointly promote the innovative developments of IP in the region by seizing the unprecedented opportunities arising from the development of the Bay Area and the Belt and Road Initiative.”
       
     The Director-General of the Guangdong Intellectual Property Office, Mr Ma Xianmin, said, “Since the establishment of the Guangdong/Hong Kong Expert Group on the Protection of Intellectual Property Rights in 2003, the two sides have developed a smooth and highly efficient co-operation arrangement, the Guangdong-Hong Kong IP co-operation mechanism has continued to deepen, and Guangdong-Hong Kong co-operation items have continuously been taken forward, contributing constructively to the innovative development of the two places.”
 
     The Expert Group was set up after the Sixth Plenary of the Hong Kong/Guangdong Co-operation Joint Conference in August 2003. It aims at enhancing exchanges and co-operation on various aspects of IP protection, including promotion and education, training, enforcement, research study and information dissemination.
 
     The leader of the Expert Group from the Guangdong side is the Director-General of the Guangdong Intellectual Property Office, and members include officials from the Guangdong Intellectual Property Office; the Guangdong Provincial Public Security Department; the Department of Commerce of Guangdong Province; the Guangdong Province Administration for Industry and Commerce; the Administration of Press, Publication, Radio, Film and Television of Guangdong Province (Administration of Copyright of Guangdong Province); the Guangdong Sub-Administration of China Customs; the Patent Examination Cooperation Center of the Patent Office, the State Intellectual Property Office, Guangdong; and the Trademark Examination Cooperation Guangzhou Center of the State Administration for Industry and Commerce of the People’s Republic of China. The leader of the Expert Group from the Hong Kong side is the Director of Intellectual Property, and members include officials from the Intellectual Property Department, the Commerce and Economic Development Bureau and the Customs and Excise Department.
 
     A summary of the co-operation items has been uploaded to the website of the Intellectual Property Department (www.ipd.gov.hk/eng/ip_cooperation_corner/meeting.htm). read more

      The Immigration Department (ImmD) mounted a territory-wide anti-illegal worker operation codenamed “Twilight” yesterday (August 20). A total of seven illegal workers and three suspected employers were arrested.
           
      During the operation, ImmD Task Force officers raided three target restaurants. A total of seven illegal workers and three employers were arrested. The illegal workers comprised six men and one woman, aged 22 to 49. Among them, one man was suspected of using and being in possession of a forged Hong Kong identity card. Meanwhile, two men and one woman, aged 31 to 45, were suspected of employing the illegal workers.
           
      “Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years’ imprisonment. Aiders and abettors are also liable to prosecution and penalties,” an ImmD spokesman said.
 
      The spokesman warned that, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years’ imprisonment.
 
      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.

  

     Three illegal workers, comprising two Indians and a Bangladeshi, were jailed by Shatin Magistrates’ Courts yesterday (August 20).
      
     During a joint operation conducted by the Immigration Department (ImmD), the Hong Kong Police Force and the Labour Department codenamed “Champion” on June 12, enforcement officers raided a food shop in Tseung Kwan O. A male Indian illegal worker, aged 41, was arrested. When intercepted he was preparing food. 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.
 
     In addition, during another joint operation conducted by the ImmD and the Hong Kong Police Force codenamed “Champion” on June 13, one male Bangladeshi illegal worker, aged 40, was arrested in Kwai Chung. When intercepted he was conveying goods. 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.
      
     Furthermore,  ImmD investigators received a referral from the Hong Kong Police Force to further investigate an illegal employment case in June. Enforcement officers arrested a male Indian worker, aged 34, who was found conveying vegetables in Tai Po. 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 three illegal workers were 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. After trial, they were sentenced to 15 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

     Following is the transcript of remarks by the Chief Executive, Mrs Carrie Lam, at a media session before the Executive Council meeting this morning (August 21):
 
Reporter: Will the Government consider upping regulations for contractors, seeing how, in the MTR projects, contractors such as Leighton have not been co-operating with the investigation following disclosure of scandals, and also the M+ project?
 
Chief Executive: Well, first of all, let me say that the Government takes it very seriously about the quality, the professionalism and the integrity of our capital works contractors. As I have said, following the incidents concerning the Shatin to Central Link, we will take follow-up action in a very serious and comprehensive manner, so where contractors belong to our list of contractors – they are recognised and admitted into a list of contractors for tendering government projects – we have what we call regulatory actions and these actions are undertaken by the Development Bureau. I understand that they have been following up very diligently, and as soon as we are in the position to announce the regulatory actions that we are going to take with regard to some of these contractors, we will certainly announce it in public.
 
Reporter: Mrs Lam, the independence advocate Chan Ho-tin has urged the US President Donald Trump to, you know, review the Hong Kong-US Policy Act and also to kick China and Hong Kong out of the WTO. Do you think that his action is appropriate?
 
Chief Executive: Of course such action is not appropriate and just describing it as inappropriate perhaps has not reflected the public outcry and anger with that sort of actions. Whether you support “One Country, Two Systems” or you don’t, living in Hong Kong, I think everybody should take the interests of Hong Kong into heart. So, for somebody to advocate that a foreign government should penalise or punish Hong Kong is really, I just don’t know what sort of adjectives to use to describe this sort of actions. But I notice that many people in society, including those which are normally very moderate commentators, said that this sort of actions should never have happened in Hong Kong. So I think the strong sentiments have been expressed by members of the public and I can only say that this is deeply regretted and, as I said, I don’t think any sensible, reasonable person in Hong Kong will condone that sort of activities. 
 
(Please also refer to the Chinese portion of the transcript.) read more

     Information about designated spots available for application for setting up street counters to hold non-profit making activities across the territory have been uploaded onto the GeoInfo Map (www.map.gov.hk) today (August 21).

     A spokesperson for the Lands Department (LandsD) said organisers can check the designated spots available for application for setting up street counters to hold non-profit making activities by temporary occupation of Government land in various districts by browsing the GeoInfo Map. To facilitate submission of applications, the guidelines on holding relevant activities, together with application details, can be viewed at the LandsD’s website (www.landsd.gov.hk/en/legco/publications.htm).

     The LandsD will update the website information as appropriate in view of the latest position. read more