Author Archives: hksar gov

     In view of the latest developments of the epidemic and the recent further relaxation of social distancing measures by the Government, the Education Bureau (EDB) announced today (May 19) the updated arrangements of anti-epidemic measures in schools, including the relaxation arrangements for school activities.

     A spokesman for the EDB said, “The EDB attaches great importance to the health of students and reviews various anti-epidemic measures in schools from time to time. In response to the announcement made by the Government earlier that the second stage of the relaxation in social distancing measures will be implemented today as scheduled, we will relax the conditions for students to participate in mask-wearing activities on a half-day basis, such as speech days, parents’ days, open days and campus visits. However, students attending the events are still required to meet the relevant anti-epidemic prevention measures of the venue.

     “In addition, secondary schools, primary schools and kindergartens can also arrange for students to participate in non-academic mask-wearing extracurricular activities (such as music or sports activities, school team training) on a half-day basis on Saturdays.

     “We believe that the above measures will help students better adjust to normal school life, and at the same time allow schools to arrange more diversified activities for students so as to enhance their physical and mental development.”

     The EDB has updated the guidelines on “Health Protection Measures for Schools” and uploaded them onto the EDB’s website (www.edb.gov.hk/en/sch-admin/admin/about-sch/diseases-prevention/guidelines-covid19.html). Schools should continue to observe the various anti-epidemic measures stipulated in the “Health Protection Measures for Schools” issued and from time to time updated by the EDB and the “Health Advice to Schools for the Prevention of COVID-19” issued by the Centre for Health Protection (CHP).

     The spokesman added, “As for the daily rapid antigen test (RAT) arrangement, taking into account the implementation of relevant arrangements in schools since the resumption of face-to-face classes and the number of cases reported by schools to the CHP, we have observed that the RAT at this stage can help gatekeeping in schools. After listening to views of the CHP, it is considered necessary for schools to maintain the daily RAT arrangement until late June. The EDB will continue to distribute RAT kits to students with financial needs through schools. The Government will review the development of the epidemic in a timely manner and consider later whether to adjust the daily RAT arrangement.”

     Vaccination is the most effective way to protect against COVID-19 and it can prevent severe cases and reduce the risk of death. In view of the fact that the vaccination rate of younger students, especially those aged 3 to 11, still needs to be improved, the EDB strongly urges parents and schools to arrange for school-age students, especially younger students, to be vaccinated as soon as possible to protect their lives. Vigorously increasing the vaccination rate will also help the campus to build a more effective protective barrier so that students can study with peace of mind. read more

     The Chief Executive, Mrs Carrie Lam, chaired the 13th meeting of the Commission on Children today (May 19).

     A Commission on Children was established for the first time by the Government of the Hong Kong Special Administrative Region in fulfilment of the Chief Executive’s pledge in her Election Manifesto to consolidate the efforts made by relevant bureaux and departments and focus on addressing children’s issues as they grow up. Since June 2018, the Commission has been advising the Government in the formulation and implementation of various policies and programmes aiming at taking better care of children.

     Mrs Lam said, “While the Government has rolled out various initiatives in recent years, including strengthening the provision of child care services, expanding by phases the On-site Pre-school Rehabilitation Service to 10 000 places in the next school year in order to achieve the objective of ‘zero waiting’ time, introducing the Funding Scheme for Children’s Well-being and Development to support worthwhile projects, transforming more than 170 public play spaces to enhance the outdoor play environment for children, developing a central databank on children in Hong Kong to enable the Government and other stakeholders to collect and share useful data on children, etc., more need to be done as illustrated in the two subjects addressed by the Commission at this meeting.”

     During the meeting, members were briefed on:

(1) A comprehensive review of residential child care and related services to be conducted by the Government in the light of the incident in Children’s Residential Home of the Hong Kong Society for the Protection of Children which had aroused major public concern: The review would cover three major areas, namely service regulation and monitoring, service planning and provision and service quality and staff training. Members supported the review and offered views on major aspects that it should cover. The Government would complete the review in September 2022 and report the outcome to the Commission; and
    
(2) The fifth Report of the Child Fatality Review Panel and the Government’s responses
(www.swd.gov.hk/storage/asset/section/2867/en/CFRP_Fifth_Report_(Eng).pdf): Members noted that the review covered the death of 259 children aged below 18, 100 of whom were due to non-natural causes. The report revealed that most of the children who died of non-natural causes lost their lives because of suicide, followed by accidents. Members commended the work of the Review Panel and offered advice on possible ways to expand the coverage of the review and improve the timeliness in making recommendations. Members also supported the early implementation of the various recommendations made by the Review Panel to prevent child and youth deaths.
       
     Referring to the proverb that “it takes a village to raise a child”, Mrs Lam said that protection of children should be the priority and obligation of not only the Government, but also all service providers, principals and teachers, and most importantly, parents.

     “To raise alertness and ensure that each party will do its best, I said in my 2021 Policy Address that we would take forward legislation on establishing a mandatory reporting mechanism of child abuse. The Labour and Welfare Bureau is aiming at introducing a Bill into the Legislative Council in the first half of 2023,” she added.

     Members noted the Government’s efforts to stabilise the epidemic while upholding the pro-child and pro-family principle. For cases where children were involved, the Government had been striving to ensure that each and every decision was made in the interests of the children and their families. Separation of children and parents during hospitalisation or quarantine should be avoided, and specific needs of the affected children should be fully taken into account.

     Mrs Lam said, “I express my sincere gratitude to the Commission for its dedication over the years and members’ initiative of presenting proposals on how to strengthen care for the child at this meeting. We will make sure that their views are conveyed to the next-term Chief Executive for consideration.”

     Members extended their heartfelt appreciation to the Chief Executive for her staunch support in the establishment of the Commission and the importance she attached to safeguarding the rights, interests and well-being of children.

     The chairperson of the Commission is the Chief Secretary for Administration. As the post of the Chief Secretary for Administration has been left vacant, the meeting today was chaired by the Chief Executive. 

  

     The Secretary for Commerce and Economic Development, Mr Edward Yau, today (May 19) met with the Thai business sector in Bangkok, Thailand, to update them on Hong Kong’s latest trade and economic developments, and exchange views on further regional co-operation.

     Before attending the Asia-Pacific Economic Cooperation (APEC) Ministers Responsible for Trade (MRT) Meeting to be held in Bangkok this Saturday and Sunday (May 21 and 22), Mr Yau took the opportunity to meet with the Deputy Prime Minister and Minister of Commerce of Thailand, Mr Jurin Laksanawisit, to exchange views on strengthening the bilateral trade relations between Hong Kong and Thailand. Following the signing of a memorandum of understanding on strengthening economic relations in 2019, both sides desired further enhanced bilateral cooperation in various areas such as professional services including film, creative industries, tourism and advanced technologies.

     Mr Yau also met with local business leaders to update them on Hong Kong’s business advantages and investment opportunities, highlighting Hong Kong’s role in the development of the Guangdong-Hong Kong-Macao Greater Bay Area and the Belt and Road Initiative. He also visited a Hong Kong-founded logistics company, which forms part of the biggest logistics group in Asia, to learn about the development of local enterprises.

     In addition to meeting with the business community, Mr Yau paid a courtesy call on the Chinese Ambassador to Thailand, Mr Han Zhiqiang.

     This year, APEC has adopted the theme “Open. Connect. Balance.”, with discussions on topics under three priorities, namely open trade and investment to all opportunities, restoring connectivity in all dimensions, and promoting balance, sustainability and inclusivity in all aspects. Mr Yau will join discussion sessions of the MRT Meeting and also hold bilateral meetings with other trade ministers.

        

     The Secretary for Commerce and Economic Development, Mr Edward Yau, today (May 19) met with the Thai business sector in Bangkok, Thailand, to update them on Hong Kong’s latest trade and economic developments, and exchange views on further regional co-operation.

     Before attending the Asia-Pacific Economic Cooperation (APEC) Ministers Responsible for Trade (MRT) Meeting to be held in Bangkok this Saturday and Sunday (May 21 and 22), Mr Yau took the opportunity to meet with the Deputy Prime Minister and Minister of Commerce of Thailand, Mr Jurin Laksanawisit, to exchange views on strengthening the bilateral trade relations between Hong Kong and Thailand. Following the signing of a memorandum of understanding on strengthening economic relations in 2019, both sides desired further enhanced bilateral cooperation in various areas such as professional services including film, creative industries, tourism and advanced technologies.

     Mr Yau also met with local business leaders to update them on Hong Kong’s business advantages and investment opportunities, highlighting Hong Kong’s role in the development of the Guangdong-Hong Kong-Macao Greater Bay Area and the Belt and Road Initiative. He also visited a Hong Kong-founded logistics company, which forms part of the biggest logistics group in Asia, to learn about the development of local enterprises.

     In addition to meeting with the business community, Mr Yau paid a courtesy call on the Chinese Ambassador to Thailand, Mr Han Zhiqiang.

     This year, APEC has adopted the theme “Open. Connect. Balance.”, with discussions on topics under three priorities, namely open trade and investment to all opportunities, restoring connectivity in all dimensions, and promoting balance, sustainability and inclusivity in all aspects. Mr Yau will join discussion sessions of the MRT Meeting and also hold bilateral meetings with other trade ministers.

        

     Following is the closing remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at the seminar entitled “A New Chapter to Arbitration in Hong Kong: Outcome Related Fee Structures for Arbitration” jointly organised by the Department of Justice, the In-House Lawyers Committee of the Law Society of Hong Kong, the Hong Kong Chinese Enterprises Association Legal Affairs Steering Committee and the China Legal Service (HK) today (May 19):

Distinguished guests, ladies and gentlemen,

     It gives me great pleasure to join you all in this event today as we unfold a new chapter for arbitration in Hong Kong with the introduction of the outcome related fee structures for arbitration (ORFSA).

Our longstanding strengths in arbitration

     This new chapter builds on the longstanding strengths of our arbitration regime and our continuing dedication in enhancing Hong Kong’s leading position as an international arbitration centre.

     Hong Kong has been continuously ranked amongst the top five preferred seats for arbitration globally since 2015 in the International Arbitration Surveys conducted by Queen Mary University of London. Being ranked the third preferred seat in 2015, Hong Kong regained the same position last year, surpassing Paris. As a premier international arbitration hub, Hong Kong is well supported by experienced dispute resolution talents with international perspectives and expertise in areas such as commerce and finance, engineering, construction and shipping. Our Judiciary has been supportive to arbitration, and our arbitration law drafted based on the UNCITRAL Model Law is familiar to the international business community.

     Under “one country, two systems”, Hong Kong enjoys a unique edge with our arbitration-related arrangements signed with the Mainland shown to deliver fruitful results. In particular, the 2019 Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (Hong Kong Special Administrative Region), which facilitates parties to arbitral proceedings seated in Hong Kong administered by designated arbitral institutions to apply to the Mainland courts for preservation measures before the arbitral award is made, is conceived as a game-changer. This Arrangement has been greatly welcomed by arbitration users, with more than 60 preservation measure applications having been made to the Mainland courts under the Arrangement by mid-March this year.

     Hong Kong has also established a simple and effective mechanism on reciprocal enforcement of arbitral awards with the Mainland through the signing of two arrangements that reflect the spirit of the New York Convention. Under the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR signed in 2020, parties to arbitration are now permitted to make simultaneous applications to both the courts of the Mainland and Hong Kong for the enforcement of an arbitral award.

     To keep up with international and regional competition in the area of arbitration, we have to constantly review our position, take forward new initiatives to promote Hong Kong’s arbitration services and update our arbitration law to meet the evolving needs of users. Following the successful implementation of the third-party funding of arbitration regime back in 2019, we further explore the room for relaxing current restrictions on legal fee structures in the context of arbitration where parties are mainly sophisticated commercial entities or businessmen.

     To this end, we have decided to take another major stride in the arena of arbitration funding by introducing the Outcome Related Fee Structures for Arbitration in Hong Kong. ORFSA, in short, is an innovative proposal supported by the detailed study and recommendations of the Law Reform Commission of Hong Kong.

Merits of ORFSA

     Driven by the growing market demand for flexible funding options, ORFSA is primarily designed to provide an additional option and greater autonomy for clients and their lawyers to create the most suitable fee arrangements in arbitration to meet their needs. It should be highlighted that ORFSA’s advantages are multifold, benefiting not only parties to arbitration, but also legal practitioners and even the Hong Kong society as a whole. We envisage that the introduction of ORFSA will foster an all-win situation.

     For parties to arbitration, we understand that arbitration proceedings can sometimes be lengthy and legal fees can sometimes be substantial and unpredictable. With ORFSA, apart from paying their lawyers on a regular hourly rate basis, clients may now choose to structure different types of outcome related fee arrangements for arbitration with their lawyers that best suit their financial and business needs. Such flexibility will be particularly useful to clients who seek funding to advance meritorious claims, as well as sophisticated commercial clients for risk management purposes. By linking the payment of legal fees to the successful outcome of the case or recovery of claimed amount, clients may share the risks in arbitration with their lawyers. As parties are encouraged to pursue their rightful entitlements through financially viable options, access to justice will be promoted.

     To lawyers, ORFSA relaxes the existing common law prohibition on maintenance, champerty and barratry in the provision of legal services in the context of arbitration. We are aware of other major arbitral seats, such as England and Wales and Singapore, allow the use of conditional fee arrangements in arbitration. ORFSA therefore effectively levels the playing field for lawyers in Hong Kong as compared to their counterparts in other jurisdictions and encourages them to develop mutually beneficial fee arrangement models with their clients through negotiations. For example, lawyers who wish to ensure sufficient cash flow in long-running matters may opt for hybrid damages-based agreements which allow them to receive fees for legal services rendered during the course of the arbitration with an additional payment if the client obtains a financial benefit in the matter at the end.

     Besides enhancing the competitiveness of lawyers in Hong Kong, ORFSA also creates a competitive edge for Hong Kong by enabling its arbitration services to advance with the times and keep up with international arbitration practice. With the availability of the three types of ORFSA as introduced by Kathryn (Co-chair of the Outcome Related Fee Structures for Arbitration Sub-committee of the Law Reform Commission, Ms Kathryn Sanger), we are hopeful that the wider scope of flexibility offered in our regime will no doubt attract more parties to choose Hong Kong as a seat of arbitration and to use the services of Hong Kong lawyers in Hong Kong as well as abroad.

     More importantly, the 14th Five-Year Plan for National Economic and Social Development and the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area both support Hong Kong to establish itself as the centre for international legal and dispute resolution services in the Asia-Pacific region. With closer business ties between Hong Kong and the Mainland, ORFSA will open up the opportunity for Hong Kong lawyers to take on cases together as co-counsel with their counterparts from the Mainland, thereby providing top-notch legal services for commercial entities arbitrating in Hong Kong or in the Mainland or indeed overseas. This creates a win-win situation for all.

Safeguards in ORFSA

     Some arbitration users in Hong Kong may find ORFSA a relatively new concept, it is therefore necessary to incorporate in our legal framework appropriate safeguards to protect the interests of users, prevent abuse of the system, and avoid disputes or satellite litigations concerning ORFSA agreements between clients and lawyers.

     Under the proposed bill for ORFSA, ORFSA will only be applicable to arbitration and arbitration-related proceedings. Although it is envisaged that ORFSA will mainly be adopted by commercial clients and entities, the Bill makes clear that it does not apply to personal injury claims where vulnerable claimants may be involved. As mentioned during the panel discussion, further safeguards will be extensively set out in the subsidiary legislation to be introduced, which will include fee caps for different types of ORFSA, clients’ rights to independent legal advice, right to terminate ORFSA within a cooling-off period, etc. These safeguards, coupled with the primary legislation, will form a comprehensive legal framework for ORFSA to best serve the interests of arbitration users whilst preserving the integrity of the arbitration proceeding itself.

Conclusion

     Ladies and gentlemen, the introduction of ORFSA will mark the start of a new chapter for Hong Kong’s arbitration service. The legislative process has been kick-started to lay the legal framework for ORFSA. The next step will be to equip our practitioners with the solid know-hows in ORFSA and showcase the merits of ORFSA to the arbitration and business community.

     I thank all the distinguished speakers for sharing their insights on this innovative topic with us and all the audience joining us today for your interest and support in the ORFSA regime both physically here and of course those online. As this new chapter for arbitration in Hong Kong unfolds, please join us in witnessing the advancement to be brought by this new regime and how it will positively shape Hong Kong’s arbitration landscape in the near future.

     Thank you very much.