Author Archives: hksar gov

     Themed “Hong Kong Common Law System: World-Class Springboard to China and Beyond”, Hong Kong Legal Week 2024 concluded today (November 8). The five-day annual flagship event of the legal sector and the Department of Justice (DoJ) was attended by a total of about 2 500 participants in person and online from nearly 50 jurisdictions, demonstrating Hong Kong’s status as the leading international legal and dispute resolution services centre in the Asia-Pacific region.

     The Rule of Law: The Best Business Environment event was held today as the finale of Hong Kong Legal Week 2024. The Chief Executive, Mr John Lee, gave a video speech at the opening session. The Chief Justice of the Court of Final Appeal, Mr Andrew Cheung Kui-nung, and the Secretary for Justice, Mr Paul Lam, SC, also gave their opening remarks at the session. The keynote speech was delivered by Vice-Minister of Justice Mr Wang Zhenjiang.

     It was followed by a panel discussion under the main theme of “A comprehensive regime provides a stable environment for businesses to grow” to explore how Hong Kong’s unique strengths including its robust legal and judicial system, stringent anti-corruption and IP (intellectual property) protection framework and transparent mechanisms for dispute resolution position Hong Kong as a premier destination for businesses aiming for growth, innovation, and success in the competitive global arena. A Fireside Chat on good stories of Hong Kong enterprises was then held to discuss how Hong Kong’s strategic positioning within the national framework has enabled its enterprises to thrive both locally and globally.

     The Hong Kong International Legal Talents Training Academy was officially launched during today’s event in the afternoon. Capitalising on Hong Kong’s bilingual common law system and international status, the Academy will regularly organise different practical legal courses, seminars, international exchange activities and so forth to promote talent exchanges in areas along the Belt and Road. It will also provide foreign-related legal talent training for the country, as well as cultivate legal talent who are familiar with international law, common law, civil law, national legal systems as well as litigation and advocacy skills. Another panel discussion on the talent along the Belt and Road was conducted in the afternoon to examine how the next generation of talent can be better equipped to meet the evolving needs of the country’s rule of law.

     Mr Lam also witnessed the signing of the co-operation agreement between the Law Society of Hong Kong and the Xinjiang Lawyers Association to facilitate regular exchanges and strengthen collaboration.

     The Rule of Law: The Best Business Environment event and Hong Kong Legal Week 2024 were concluded with the closing remarks by Mr Lam.

     Meanwhile, the DoJ has secured the hosting of the 11th Asia and Pacific Regional Conference of the International Association of Prosecutors later this month. The DoJ will continue its efforts to organise a variety of relevant events to reinforce the public awareness of the rule of law and promote Hong Kong’s status as a centre for international legal and dispute resolution services in the Asia‑Pacific region.

                          

     The Centre for Health Protection (CHP) of the Department of Health today (November 8) reported the latest number of dengue fever (DF) cases, and strongly urged the public to maintain strict environmental hygiene, mosquito … read more

     The Labour Department (LD) is highly concerned about a fatal work accident that happened at a construction site in Chek Lap Kok last night (November 7), in which a male worker, while installing a suspended walkway at the roof level of the concourse under construction, fell from height to the ground. He was certified dead later in hospital. The LD is saddened by the death of the worker and expresses its deepest sympathy to his family.

     The LD’s spokesman said, “We commenced an immediate on-site investigation as soon as we were notified of the accident, and issued suspension notices to the relevant contractors, suspending the installation of the walkway at the location concerned. The contractors cannot resume the work until the LD is satisfied that measures to abate the relevant risks have been taken.”

     The spokesman added, “We will complete the investigation as soon as possible to identify the cause of the accident, ascertain the liability of the duty holders and recommend improvement measures. We will take actions pursuant to the law if there is any violation of the work safety legislation.”

     To prevent workers from falling while working at height, the LD reminds employers to take suitable safety measures, including providing workers with suitable working platforms and ensuring that they are properly used throughout the work. If the provision of suitable working platforms is not practicable, employers should provide suitable full-body harnesses to workers, which shall be attached continuously to suitable and secure anchor points, or independent lifelines with fall arresting systems; and ensure the proper use of the personal fall protection equipment by workers.

     The general duty provisions of the Occupational Safety and Health Ordinance require employers to provide safe working environments, plant and systems of work for their employees. Those who contravene the relevant provisions are liable to a maximum fine of $10 million and imprisonment for two years on conviction on indictment; or $3 million and imprisonment for six months on summary conviction.

     In regard to yesterday’s accident, the LD will issue a Work Safety Alert through its mobile application “OSH 2.0”, website and email, giving a brief account of the accident concerned to duty holders, workers’ unions, professional bodies of safety practitioners and others, and reminding the industry of the importance of following safety precautionary measures to prevent a recurrence of similar accidents.

     The LD will also remind the employer concerned of the liability for employees’ compensation under the Employees’ Compensation Ordinance, assist family members of the deceased to claim employees’ compensation and closely follow up on the case. For those with financial difficulties, the LD will assist them to apply for appropriate emergency funds. Subject to the needs and wishes of family members of the deceased, the LD will also liaise with the Social Welfare Department for financial or other assistance.

     For the sake of securing the safety and health of employees at work, the LD appeals to employers to provide plant and systems of work that are safe and without risks to health. Employees should co-operate with their employers, adopt all safety measures and properly use personal protective equipment provided to avoid endangering their own work safety and that of other workers.  read more

    The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed “Contribute”, “Fastrack”, “Lightshadow” and “Twilight”, and joint operations with the Hong Kong Police Force codenamed “Powerplayer” and “Windsand”, for four consecutive days from November 4 to yesterday (November 7). A total of 19 suspected illegal workers, six suspected employers, two suspected aider and abettors, and four illegal immigrants were arrested.

     During the anti-illegal worker operations, ImmD Task Force officers raided 61 target locations including tea shops, massage parlours, residential buildings and restaurants. Fifteen suspected illegal workers, five suspected employers and two suspected aider and abettors were arrested. The arrested suspected illegal workers comprised five men and 10 women, aged 31 to 58. Among them, one man and one woman were suspected of using and being in possession of forged Hong Kong identity cards. Two men and three women, aged 25 to 54, were suspected of employing the illegal workers and were arrested. Two women, aged 44 and 63, who were suspected of aiding and abetting a person who breached the condition of stay in Hong Kong, were also arrested.
 
     During operation “Powerplayer”, enforcement officers raided 78 target locations in the New Territories North district. Four suspected illegal workers, one suspected employer and four illegal immigrants were arrested. The arrested suspected illegal workers comprised two men and two women, aged 40 to 65. Among them, one man was a holder of recognisance form, which prohibits him from taking any employment. One woman, aged 43, was suspected of employing the illegal workers and was arrested. The arrested illegal immigrants comprised four men, aged 39 to 69.

     An ImmD spokesman said, “Any person who contravenes a condition of stay in force in respect of him or her 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.”

     The spokesman warned, “As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is 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. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years’ imprisonment.”

     The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years’ imprisonment to a fine of $500,000 and 10 years’ imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. 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. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

     Under the existing mechanism, the ImmD will, as a standard procedure, conduct an 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 ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threats 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 intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.

  

The following is issued on behalf of the Hong Kong Monetary Authority:        The Hong Kong Monetary Authority (HKMA), as representative of the Hong Kong Special Administrative Region Government (HKSAR Government), annou… read more