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Final report of consultants on review of legal education and training issued

The following is issued on behalf of the Standing Committee on Legal Education and Training:

     The Standing Committee on Legal Education and Training (SCLET) today (May 15) released the Final Report of the Consultants on the Comprehensive Review of Legal Education and Training in Hong Kong.

     The Chairman of the Standing Committee, Mr Justice Robert Tang Ching, said, “The Final Report comprises 38 recommendations in total, covering various aspects of Hong Kong’s system and provision of legal education and training.

     “In particular, it reviews the existing structure of legal education and training, the academic stage of legal education, the Postgraduate Certificate in Laws, the proposal for a ‘Common Entrance Examination’ and regulatory framework relating to the training contract, pupillage and the overseas qualifying examinations.”

     He said the Standing Committee will carefully study the Final Report in the coming months, before it tenders its comments and recommendations on the way forward to the Government for consideration in due course.

     The Standing Committee is a statutory committee established in 2005 by section 74A of the Legal Practitioners Ordinance (Cap 159). Its main functions include keeping under review the system and provision of legal education and training in Hong Kong and to make recommendations on such matters.

     This report is the first substantial review of legal education and training in Hong Kong since the Redmond Roper Report on Legal Education and Training in Hong Kong: Preliminary Review published in 2001.

     The Standing Committee in 2013 resolved that it was time to undertake a further review in the context, chiefly, of

* Continuing expansion of legal education and training in Hong Kong, including the recognition of a third law school and the provision of graduate law degrees,

* Perceived concerns over access to the profession, and consistency in standards of education and training, and

* Changes to the delivery of legal services and new demands on the profession, including the impacts of technology, globalisation, and increasing integration of Hong Kong and Mainland legal markets.

     The consultants initially appointed in 2015 were:

* Mr Woo Kwok-hing, QC, formerly Vice-President of the Court of Appeal of the High Court and a former chairman of the Electoral Affairs Commission;

* Professor Tony Smith, Professor of Law at the Victoria University of Wellington, New Zealand, and Honorary Bencher of the Middle Temple; a former Chairman of the Faculty of Law at the University of Cambridge, and a former Chair of the Committee of Heads of University Law Schools (UK); and

* Professor Julian Webb, Professor of Law and Director of the Legal Professions Research Network at the University of Melbourne, Australia, and Academic Bencher of the Inner Temple; formerly Professor and Director of the UK Centre for Legal Education at the University of Warwick.

     Following Mr Woo’s resignation from the Review in October 2016, Mr Anthony Rogers, QC, Chairman of the Clearing and Settlement Systems Appeals Tribunal, Hong Kong, and former Vice-President of the Court of Appeal, took over chairmanship of the group.

     A consultants’ interim report was issued in October 2017. The SCLET received the Law Society of Hong Kong’s response to the interim report on May 8, 2018, which has been uploaded to the website of the SCLET.

     The Final Report, the Overview and Consultation Responses (November 2015 to February 2018) (as well as the Chinese text of the Overview and Recommendations) can be accessed on the website of the SCLET at www.sclet.gov.hk/eng/index.htm. The Chinese text of the full Report will be made available as soon as possible. read more

Pig farm at Muk Kiu Tau Tsuen in Yuen Long convicted fourth time for discharging livestock waste into river

     A pig farm at Muk Kiu Tau Tsuen in Yuen Long discharged untreated livestock waste into a nearby watercourse and its person-in-charge was fined $10,000 by Fanling Magistrates’ Courts today (May 15) for contravening the Waste Disposal (Livestock Waste) Regulations. This is the fourth conviction of the pig farm concerned for discharging livestock waste into a nearby watercourse.

     During an ambush inspection in Yuen Long last November, Environmental Protection Department (EPD) staff found that some greyish-brown wastewater with the odour of pig waste was being discharged from the outfall of a pig farm in Muk Kiu Tau Tsuen, which seriously polluted Shan Pui River. The analysis results of the wastewater sample taken by the EPD showed that the concentration of five-day biochemical oxygen demand and suspended solids in the sample exceeded the discharge standard by 26 and 20 times respectively. After gathering sufficient evidence, the EPD subsequently initiated prosecution against the person-in-charge of the pig farm in accordance with the Regulations and notified the Agriculture, Fisheries and Conservation Department of the case concerned.

     An EPD spokesman said that untreated livestock waste contains high concentrations of excreta and will lead to serious pollution and odour problems if discharged into rivers. According to the Regulations, liquid livestock waste generated by livestock farms must be treated properly in a wastewater treatment facility to meet the statutory requirements before being discharged. Offenders are liable to a maximum fine of $50,000 and a daily fine of $5,000 for a continuing offence.

     The spokesman reminded owners and staff members of livestock farms in the New Territories to properly maintain and operate treatment facilities for wastewater generated from livestock waste and not to discharge untreated livestock waste into nearby watercourses. The department will continue to conduct surprise inspections to combat any irregularities of livestock farms.

     More information about the livestock waste control scheme is available on the EPD’s website: www.epd.gov.hk/epd/english/laws_regulations/enforcement/lwis.html. read more

Employers and employees should take precautions against heat stroke

     As the Hong Kong Observatory has issued the very hot weather warning, the Labour Department (LD) reminds employers and employees to take appropriate precautions to prevent heat stroke.
 
     Heat stroke could occur if an employee works in a hot or humid environment for prolonged periods of time, as the body may fail to regulate its temperature by effective heat dissipation through sweating.
 
     The early symptoms of heat stroke include feeling thirsty, fatigue, nausea and headache. Later, the victim may experience shortness of breath, rapid and weak pulse, dizziness, confusion or even loss of consciousness and convulsion.
 
     For example, construction workers, cleaning workers, kitchen workers and porters are more prone to heat stroke when working for long hours in such an environment, especially if appropriate preventive measures have not been taken.
 
     The LD reminds employers to arrange for a suitable assessment of the risk of heat stress in the work environment and take appropriate preventive measures. The LD has produced two leaflets entitled “Checklist for Heat Stress Assessment at Construction Sites” and “Checklist for Heat Stress Assessment at Outdoor Cleansing Workplaces” respectively. Employers engaged in construction or outdoor cleaning work are advised to refer to these checklists in assessing the risk of heat stress at their workplaces. As for heat stress assessment at a workplace in general, employers can refer to a booklet entitled “Risk Assessment for the Prevention of Heat Stroke at Work” produced by the LD.
 
     The LD also reminds employers and employees to take the following precautions to prevent heat stroke:
 
Employers
———
(1) Take heed of the weather report and adopt shift work arrangements for employees to reduce their exposure to the hot environment, or arrange appropriate rest breaks for them during very hot periods;
(2) Avoid working under direct sunlight and set up temporary sunshade wherever possible;
(3) Provide cool potable water for employees at all times during work. If necessary, provide drinks containing minerals for employees to replenish loss of electrolytes during profuse sweating;
(4) Minimise physical demands by using tools or mechanical aids at work;
(5) Increase air flow by enhancing ventilation or air-conditioning as appropriate;
(6) Isolate heat-generating facilities at the workplace and use insulating materials to minimise heat dissipation to the other work areas; and
(7) Provide relevant information and training for employees on heat stroke such as preventive measures and first aid treatment.
 
Employees
———
(1) Wear clothing made of suitable materials (for example, cotton) that is loose-fitting and light-coloured to help heat dissipation, minimise heat absorption and allow sweat evaporation;
(2) Wear a wide-brimmed hat when working outdoors;
(3) Drink plenty of water or other appropriate beverages to replenish the fluids and electrolytes lost through sweating; and
(4) Whenever there are any symptoms of heat stroke, inform supervisors and take appropriate actions immediately.
 
     Some employees may have difficulty in adapting to a hot working environment owing to their own health conditions. Employers should take this into account and consider the recommendations of their doctors when assigning work to these employees.
 
     In addition to the publications on risk assessment, the LD has produced a leaflet entitled “Prevention of Heat Stroke at Work in a Hot Environment” for the public. The publications can be obtained free of charge from the offices of the Occupational Health Service of the LD, or downloaded from the department’s webpage at www.labour.gov.hk/eng/public/content2_9.htm.
 
     The LD organises occupational health talks in public places and at its own training venues regularly to raise employers’ and employees’ awareness of occupational health. Details of health talks on the prevention of heat stroke at work in May and June are as follows:
 
(A)
Dates: May 25, June 4, 19 and 26 (am)
           May 16, June 7 and 22 (pm)
Time: Half-day
Venue: Occupational Safety and Health Training Centre of the Labour Department, 13/F, KOLOUR·Tsuen Wan I, 68 Chung On Street, Tsuen Wan, New Territories
 
(B)
Date: May 23
Time: 6.30pm to 8pm
Venue: Activity Room I, Hong Kong Central Library, 66 Causeway Road,
Causeway Bay, Hong Kong
(Opposite Victoria Park, MTR Tin Hau Station Exit B)
 
(C)
Dates: May 29 and June 8
Time: Half-day, morning
Venue: Occupational Safety and Health Centre of the Labour Department, G/F,
Kwun Tong Community Health Centre Building, 60 Hip Wo Street, Kwun Tong
(MTR Kwun Tong Station Exit A1)
 
(D)
Date: June 13
Time: 3pm to 4:30pm
Venue: Lecture Hall, Hong Kong Space Museum, 10 Salisbury Road,
Tsim Sha Tsui, Kowloon (MTR Tsim Sha Tsui Station Exit E)
 
     For enrolment or enquiries about these occupational health talks, please call 2852 4040 or 2361 8240 (for talks organised at the Occupational Safety and Health Centre). Moreover, the LD also provides an outreach health education service and occupational health nurses will, on invitation, disseminate occupational health information at workplaces at a convenient time. Please contact the nursing officer at 2852 4062 for details. All these health talks are free of charge. read more