Author Archives: hksar gov

     Following is a question by the Hon Edward Leung and a written reply by the Secretary for Security, Mr Tang Ping-keung, in the Legislative Council today (January 19):
 
Question:
 
     With the coronavirus disease 2019 epidemic persisting, the number of foreign domestic helpers (FDHs) coming to Hong Kong has reduced sharply, resulting in a shortage of FDHs and giving rise to quite a number of cases of FDHs prematurely terminating their employment contracts for change of employers (commonly known as “job-hopping”). Although the Immigration Department (ImmD) has indicated that it has all along been vetting and approving employment visa applications from FDHs stringently to combat job-hopping, it has been reported that the situation has seen no improvement. In this connection, will the Government inform this Council:
 
(1) of the respective numbers of applications for extension of the limit of stay in Hong Kong as visitors made by FDHs who had prematurely terminated their contracts which were received, approved and rejected by the ImmD in each of the past five years;
 
(2) of the number of complaints about intermediaries abetting FDHs or even providing incentives to encourage FDHs to job-hop received, and what follow-up actions were taken on such complaints, by the ImmD in each of the past five years; and
 
(3) regarding the substantiated cases among the complaints mentioned in (2), whether the ImmD has put the FDHs and intermediaries concerned on a dedicated blacklist; if so, of the respective numbers of FDHs and intermediaries put on such blacklist in each of the past five years, and the penalties imposed on them?
 
Reply:
 
President,
 
     The Immigration Department (ImmD) has all along been proactively combating job-hopping of foreign domestic helpers (FDHs) and has set up a special duties team (SDT) in June 2013 for that purpose. In vetting visa applications, the ImmD will refer suspicious cases to the SDT for investigation. Case officers will holistically consider a host of factors, such as the conduct of the FDHs, records of the FDHs and their former employers, and the reasons for premature termination of the employment contract. To understand such reasons, case officers will also contact the former employers and the applicants as necessary in light of the individual case circumstances. In respect of FDHs suspected of job-hopping, the ImmD will decisively refuse their visa applications and ask them to leave Hong Kong. The ImmD will maintain their application records and take them into account when vetting future applications from the FDHs concerned for employment visa or extension of stay.
 
     According to Clause 12 of the Standard Employment Contract for employing FDHs, both the employer and the FDH shall give the Director of Immigration notice in writing within seven days from the date of contract termination, and shall forward a copy of the other party’s written acknowledgement of the termination to the Director of Immigration. They may choose to complete the ImmD’s Notification of Termination of Employment Contract with Foreign Domestic Helper (Form ID407E), in which they can fill in the reasons for terminating the contract in the corresponding section. The ImmD will keep and take relevant records into account when vetting any future application from the FDH for employment visa or extension of stay.
 
     The ImmD’s SDT reviews and adjusts its work strategy from time to time. It will reinforce its efforts in a timely manner to proactively investigate suspicious cases, such as stepping up checks on all applications involving premature termination of contract. In 2021, 5 844 applications were referred to the SDT for follow-up on suspected job-hopping and 2 833 applications were rejected, representing almost nine times the total number of applications rejected in 2020. The number of visa applications from FDHs referred to the SDT for investigation on suspicion of job-hopping, and the number of rejections among referred applications in the past five years are tabulated as follows:
 

Year	No. of applications referred	No. of applications rejected
2017	1 063	367
2018	1 184	165
2019	1 709	267
2020	1 776	319
2021	5 844	2 833

 
     Having consulted the Labour and Welfare Bureau, the ImmD and the Labour Department (LD), I provide a consolidated reply to the question raised by the Hon Edward Leung as follows:
 
(1) In accordance with the prevailing FDH policy of the Government, a FDH shall leave Hong Kong upon completion of employment contract or within two weeks from the date of contract termination, whichever is the earlier. Save for the exceptional circumstances deemed reasonable by the ImmD (including the premature termination of contract owing to the transfer, migration, death or financial reasons of the original employer, or where there is evidence that the FDH has been abused or exploited), an application from a FDH for change of employer in Hong Kong within the two-year contract period will normally not be approved. A FDH who wishes to have a new employer must leave Hong Kong and submit a fresh employment visa application to the ImmD.
 
     The Government announced on March 21, 2020 that FDHs would be allowed to apply for extension of stay in Hong Kong as visitors for not more than one month. The purpose of this measure was to reduce their risk of COVID-19 infection due to cross-boundary travel. To local employers who needed to employ FDHs, this measure also helped meet their demands. However, to prevent abuse by individual FDHs who sought to change employers frequently, the Government discontinued this facilitation arrangement on December 30, 2020.
 
     The figures relating to applications from FDHs for extension of stay in Hong Kong as visitors upon expiry or early termination of contract (Note 1) in the past five years are tabulated as follows:
 

Year	2017	2018	2019	2020	2021
No. of applications received	7 577	6 770	5 945	29 811	10 590
No. of applications approved (Note 2) (Note 3)	6 535	5 716	5 182	28 520	5 685
No. of applications rejected (Note 2) (Note 3)	610	673	612	689	4 535

 
Note 1: The ImmD does not maintain the requested statistics.
Note 2: Except for applications from FDHs for extension of stay in Hong Kong as visitors for not longer than one month as per the Government’s facilitation arrangement in light of the pandemic announced on March 21, 2020 (this arrangement ceased on December 30, 2020), FDHs will only be allowed to extend their stay in Hong Kong as visitors in certain circumstances. Such circumstances include, but are not limited to, where FDHs have to attend relevant tribunal hearings because of labour or monetary disputes, or where they have been criminally intimidated or abused and have to remain in Hong Kong to assist in investigations.
Note 3: The applications processed in a year may not correspond with the applications received in the same year.
 
(2) and (3) The LD is responsible for administering Part XII of the Employment Ordinance (Cap. 57), the Employment Agency Regulations (Cap. 57A) and the Code of Practice for Employment Agencies (CoP). It regulates employment agencies (EAs) in Hong Kong through means such as licensing, inspection, complaint investigation and prosecution, with a view to protecting the interests of job seekers and employers using the services of local EAs.
 
     Pursuant to the CoP, EAs shall act honestly and exercise due diligence when providing placement services to employers and job seekers, and shall ensure that the candidates recommended could satisfy the employers’ requirements. In general, employers expect FDHs recommended by EAs to complete the two-year Standard Employment Contract. 
 
     Generally speaking, upon receipt of complaints or enquiries regarding EAs, the ImmD will refer them to the LD for follow up actions. In the past five years (i.e. from 2017 to 2021), the LD received 15, nine, 17, 29 and 177 complaints respectively involving EAs abetting FDHs to job-hop. The LD has launched investigation into each complaint, sent officers to inspect the EAs concerned and reminded them not to encourage FDHs to job-hop.
 
     The LD has taken stronger measures to combat EAs suspected of abetting FDHs to job-hop, including issuing letters time and again to all EAs providing FDH placement services to remind them not to adopt business practice to encourage or abet FDHs to job-hop; closely monitoring the business practice of EAs and inspecting EAs that offer cash incentives to FDH job seekers (particularly those who have terminated their contracts prematurely) and their referrers; and formulating inspection and investigation guidelines in respect of FDH job-hopping cases to facilitate more targeted investigation and collection of evidence of EAs abetting FDHs to job-hop.
 
     The ImmD will also conduct detailed analysis on applications from FDHs who are suspected of job-hopping. Targeting persons or EAs suspected of encouraging or abetting FDHs to job-hop or contravening the Immigration Ordinance (Cap. 115), the ImmD and the LD will conduct joint operations to inspect the EAs concerned, and will remind them not to encourage or abet FDHs to job-hop through unfair business practice.
 
     If an EA is found to have breached the CoP, the LD may revoke, refuse to issue or renew its licence, or issue warnings for rectification of the irregularities detected. From 2017 to 2021, the LD revoked, refused to issue or renew the licences of six, 11, 13, seven and seven EAs respectively on different grounds, such as the conviction of the licensees for overcharging commission from job seekers or for unlicensed operation, and the breach of the CoP by the licensees. read more

     The Secretary for Education, Mr Kevin Yeung, today (January 19) expressed deep sorrow over the passing of the Chairman of the Hong Kong Taoist Association (HKTA), Dr Tong Wai-ki.        Mr Yeung said, "Dr … read more

The following is issued on behalf of the Hong Kong Monetary Authority:
 
     The Hong Kong Monetary Authority (HKMA) announced today (January 19) the composite interest rate at the end of December 2021. (Note 1)
      
     The composite interest rate, which is a measure of the average cost of funds of banks, increased by 2 basis points to 0.21 per cent at the end of December 2021, from 0.19 per cent at the end of November 2021 (see Chart 1 in the Annex). The rise in composite interest rate reflected increases in the weighted funding cost for both deposits and interbank funds during the month (see Chart 2 in the Annex). (Note 2)
      
     The historical data of the composite interest rate from the end of the fourth quarter of 2003 to the end of December 2021 are available in the Monthly Statistical Bulletin on the HKMA website (www.hkma.gov.hk).

Note 1: The composite interest rate is a weighted average interest rate of all Hong Kong dollar interest-rate-sensitive liabilities, which include deposits from customers, amounts due to banks, negotiable certificates of deposit and other debt instruments, and all other liabilities that do not involve any formal payment of interest but the values of which are sensitive to interest rate movements (such as Hong Kong dollar non-interest bearing demand deposits) on the books of banks. Data from retail banks, which account for about 90 per cent of the total customers’ deposits in the banking sector, are used in the calculation. It should be noted that the composite interest rate represents only average interest expenses. There are various other costs involved in the making of a loan, such as operating costs (e.g. staff and rental expenses), credit cost and hedging cost, which are not covered by the composite interest rate.

Note 2: Since June 2019, the composite interest rate and weighted deposit rate have been calculated based on the new local “Interest rate risk in the banking book” (IRRBB) framework. As such, these figures are not strictly comparable with those of previous months. read more

     Following is a question by the Hon Elizabeth Quat and a written reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (January 19):

Question:

     It has been reported that animal release activities are increasingly prevalent and highly commercialised. Some animals, after being released, have sustained injuries or die due to their inability to adapt to the environment, or become invasive species, threatening the local natural ecosystem. Moreover, some animal protection organisations are concerned about the unnatural population growth of pigeons, monkeys and wild pigs due to intentional feeding in Hong Kong in recent years, and some of these animals gradually get used to approaching human in urban areas for food. Such situation has not only compromised environmental hygiene, but also increased the risk of epidemic spreading. In this connection, will the Government inform this Council:

(1) whether any legislation is currently in place to regulate animal release activities; if so, of the details, and whether it has reviewed if such legislation can effectively regulate the relevant activities and trades; if such legislation is not in place, whether it will, by following the practice of the authorities of the Taiwan region, enact legislation to prohibit unauthorised animal release activities, so as to avoid inflicting suffering on animals after they are released and posing an impact on the natural ecology;

(2) given that recently quite a number of wild animals (especially wild pigs and monkeys) have intruded into urban areas and caused nuisances to members of the public, whether the Government will expeditiously enact specific legislation to prohibit the feeding of wild animals, so as to avoid creating a negative impact on the environment and anti-epidemic efforts; if so, of the details; if not, the reasons for that; and

(3) as some members of the public have indicated that they feel very distressed by the illegal feeding of wild pigeons, and queried that the practice of issuing fixed penalty notices of $1,500 to persons who dirty public places while feeding wild pigeons lacks deterrent effect, whether the Government will raise the penalties in order to enhance the deterrent effect; if so, of the details; if not, the reasons for that?

Reply:

President,

     Having consulted the Environment Bureau, my reply to the question is as follows:

(1) Animal release activities are not prohibited under the current legislation. However, improper release of animals, including placing animals in an unsuitable habitat, might affect their survival. If the released species is an alien species or is incompatible with the local ecology, it could compete for resources with the native species and adversely affect the local ecology. Therefore, the Government does not encourage the public to take part in animal release activities on their own. 

     Under the current Prevention of Cruelty to Animals Ordinance (Cap. 169) (the Ordinance), any act that involves animal cruelty, causing any unnecessary suffering to an animal will contravene the Ordinance. An offender shall be liable on conviction to a fine of up to $200,000 and imprisonment for three years. In order to enhance animal welfare in Hong Kong, the Government proposes to amend the aforementioned Ordinance, including introducing a positive duty of care on persons responsible for animals and increasing the penalties for acts of animal cruelty, etc. The Government plans to specify in the aforementioned Ordinance that the release of an animal into an unsuitable environment, which causes it to suffer, is an act of cruelty to animals. The Government is now drafting the legislation, with a view to briefing the Legislative Council Panel on Food Safety and Environmental Hygiene on the proposed amendments in the first half of 2022.

     The Government believes it is important to strengthen public education so as to raise the public’s attention to animal release, and advise them to think carefully before participating in any such activities, to avoid effects on the natural environment. The Agriculture, Fisheries and Conservation Department (AFCD) works with organisations concerned about animal release activities, to educate the public on the potential impact of animal release activities and remind the public to think carefully before participating in animal release, including through the use of promotional materials such as posters. The AFCD also appeals to the public to consider taking other virtuous actions in lieu of animal release, such as tree-planting, making donation to wild animal rescue organisations or environmental organisations, assisting in the rescue of local animals and protection of their habitats, and participating in relevant voluntary services, etc. The AFCD will continue to partner with organisations concerned about animal release activities in the educational work on this front.

(2) Regarding the prohibition of feeding wild animals, the relevant legal provisions and required authority to prohibit the feeding of wild animals at specified places have been set out in the Wild Animals Protection Ordinance (Cap. 170). At present, Kam Shan, Lion Rock and Shing Mun Country Parks, part of Tai Mo Shan Country Park, Tai Po Kau Nature Reserve, a section of Tai Po Road along Caldecott Road and Piper’s Hill section of Tai Po Road are specified places under the Wild Animals Protection Ordinance at which the feeding of any wild animals is prohibited (feeding ban area). The AFCD arranges regular patrol in the feeding ban area and will take prosecution action against anyone who has contravened the prohibition of wild animal feeding, subject to sufficient evidence. The AFCD will, from time to time, review the patrol and enforcement arrangements in the feeding ban area in accordance with the actual circumstances, including the deployment of additional manpower to conduct enforcement and blitz operations at night and on public holidays where necessary. Joint operations with other concerned departments will also be conducted to strengthen combat against illegal feeding of wild animals. 

     As wild animal nuisance in recent years is largely caused by intentional feeding activities, the AFCD is exploring to amend the aforementioned ordinance, with a view to expanding the feeding ban area for wild animals and stepping up control of feeding activities to minimise the pull factor drawing wild animals to urban areas. The maximum penalty currently under the ordinance is a fine at level 3 ($10,000). In light of the relatively low amounts of fine in relevant precedent cases (ranging from $200 to $2,000), the AFCD will study how the amount of fine may be raised to enhance the deterrent effect.
 
     In addition, the AFCD has all along been striving to educate the public the importance of not feeding wild animals. Starting from November last year, the AFCD has rolled out a new public education and publicity campaign, with a view to stepping up its efforts to educate the public about the message of not feeding wild pigs, which includes uploading promotional and educational information on social media, putting up posters at certain MTR stations, bodies of trams and buses, tram stops and bus stops, etc. The campaign emphasises on how feeding wild pigs would change their behaviour by making some of these wild pigs accustomed to wandering into urban areas and refuse collection points, etc. to scavenge for food, which could affect environmental hygiene, lead to traffic accidents, transmit diseases, and even make them more aggressive in temper. The campaign also points out that over 30 injury cases caused by wild pigs involving over 40 casualties were recorded over the past four years.
 
(3) People who dirty public places by feeding birds, e.g. leaving residual feed on the ground, will contravene section 4(1) of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132BK). Enforcement officers of the Food and Environmental Hygiene Department (FEHD) may take action against the offenders under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570) and issue $1,500 fixed penalty notices. At the same time, the FEHD may also institute prosecutions against repeated offenders by way of summons and the offender upon conviction shall be liable to a fine of $25,000 and imprisonment for six months. In addition, the offender may be liable to a fine of $300 for each day during which the offence has continued. The FEHD has set up 40 dedicated enforcement teams (DETs) and installed Internet Protocol cameras, to step up enforcement actions against public cleanliness offences. At locations where the issue of bird feeding is more serious, on top of regular enforcement actions, the FEHD arranges blitz prosecution by DETs to curb the illegal acts of dirtying public places by feeding birds. In 2021, the FEHD issued over 370 fixed penalty notices and 84 summons, against people who dirtied public places while feeding birds. 

     To control the population of feral pigeons, the AFCD launched the two-year Trial Programme of Using Contraceptive Drug on Feral Pigeons in September 2021, with an aim to evaluate the effectiveness of feeding feral pigeons contraceptive drug-coated feed in reducing the nuisances caused by feral pigeons. The AFCD is first conducting the trial programme at three spots in Central and Western District, Kowloon City District and Sai Kung District, where more feral pigeons congregate, and will decide on the way forward based on the effectiveness of the programme.

     The FEHD has been making appeals through various channels to enhance public education, including distributing pamphlets and erecting warning signs, to advise the public to refrain from feeding wild birds and maintain environmental hygiene, in order to avoid gathering birds. In parallel, the AFCD organises various publicity programmes to educate the public not to feed birds. The AFCD also set up a thematic website (nofeeding.afcd.gov.hk) coupling with the publicity work. To enhance the public education and publicity efforts, in March 2021, the AFCD launched a community education programme, “Mission P.”, setting up street booths at locations near the feral pigeon congregation spots to conduct community education. Education talks are also provided to secondary and primary schools, kindergartens and residential housing estates to disseminate relevant knowledge. read more

     Following is a question by the Hon Yang Wing-kit and a reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (January 19):

Question:
 
     At present, the public hospitals located within the Wong Tai Sin (WTS) district do not provide accident and emergency (A&E) services, and the authorities have no plan to provide A&E services in Our Lady of Maryknoll Hospital (OLMH) upon redevelopment. As such, patients calling ambulance services in the WTS district will mainly be sent to hospitals outside the district, such as Queen Elizabeth Hospital (QEH), Kwong Wah Hospital, United Christian Hospital, or the New Acute Hospital at Kai Tak Development Area (New Acute Hospital) to be commissioned in the future for treatment. Some residents of the WTS district are worried that the long travelling trips may lead to delays in treatment. In this connection, will the Government inform this Council:
 
(1) of the number of patients who boarded the ambulance in the WTS district and the average time taken from such patients’ boarding the ambulance to their arrival at the A&E departments, in each of the past three years;
 
(2) whether it will coordinate the services of OLMH and the Tung Wah Group of Hospitals Wong Tai Sin Hospital, so that the two hospitals can, upon redevelopment, provide more comprehensive specialist services and 24-hour A&E services; if so, of the details; if not, the reasons for that; and
 
(3) given that upon the completion of the New Acute Hospital, most of the services of QEH will be relocated to that hospital, and the original site of QEH will be used for medical purposes, whether the relevant purposes include A&E and specialist services; if so, of the details; if not, the reasons for that?

Reply:
 
President,
 
     My reply to various parts of the Hon Yang Wing-kit’s question is as follows:
 
(1) According to the information provided by the Fire Services Department (FSD) in relation to the ambulance services in Wong Tai Sin (WTS) District, the number of patients who boarded FSD’s ambulances in WTS district in 2019, 2020 and 2021 were 38 429, 21 073 and 36 497 respectively. The average time it took from patients’ boarding the ambulance to their arrival at the Accident and Emergency (A&E) department of the relevant hospitals are 22 minutes and 41 seconds, 21 minutes and 29 seconds, and 22 minutes and 54 seconds respectively.
 
(2) The Hospital Authority (HA) plans and develops public healthcare services and facilities on a cluster basis, taking into account a number of factors, including the service, the roles of different hospitals within a cluster, the service development plan of the hospitals, as well as the coordination of healthcare services and facilities in a cluster. This is to ensure that all hospitals within the cluster can perform according to their defined roles and provide appropriate healthcare services for local residents. 
 
     To cater for Hong Kong’s overall healthcare demand in the next 10 to 20 years, the Government and the HA have commenced implementation of the First 10-year Hospital Development Plan (HDP) since 2016, for which $200 billion has been earmarked for a total of 16 projects to provide over 6 000 additional beds and 94 additional operating theatres, as well as to increase service capacity of specialist outpatient clinics and general outpatient clinics. The Government subsequently announced in the 2018 Policy Address that the HA has been invited to start planning for the Second 10-year HDP.
 
     The Kowloon Central Cluster (KCC), where the WTS district belongs, currently comprises nine hospitals/institutions, including Queen Elizabeth Hospital (QEH) and Kwong Wah Hospital which are both equipped with A&E departments. The HA has set the development direction of healthcare services in WTS district in accordance with the Clinical Services Plan for the KCC. The Tung Wah Group of Hospitals Wong Tai Sin Hospital (WTSH) has been identified as an extended care hospital and a tuberculosis and chest institution in the cluster which aims to provide trans-disciplinary rehabilitative training that enables its patients to reintegrate into the society. As for Our Lady of Maryknoll Hospital (OLMH), it is a community hospital that mainly serves the residents of WTS district and provides non-emergency services of various specialties. 
 
     The redevelopment of OLMH has been included in the First 10-year HDP and the preparatory works have commenced since September 2018. The HA plans to seek funding approval from the Finance Committee (FC) within the current session of the Legislative Council to carry out main works of the redevelopment. Subject to funding approval from the FC, the main works will commence and are expected to be completed in 2027 at the earliest. Upon the redevelopment of OLMH, the number of hospital beds will increase from the current provision of 236 to 437. Apart from providing in-patient services such as medicine and geriatrics, surgery, gynaecology, orthopaedics and palliative care, a new haemodialysis centre will be established, providing 16 day beds. The day surgery centre will be equipped with four operating theatres that meet current standards.
 
     The planning for healthcare services and facilities should take into account a number of factors in a cluster, including the service supply and demand, the roles and service development plans of different hospitals therein as well as the coordination of healthcare services and facilities. A number of related facilities including diagnostic radiology, operating theatres, intensive care unit and clinical laboratory services are required for setting up an A&E department in a hospital. Constrained by the hospital site area and topographical environment, WTSH and OLMH are not suitable to be converted into acute hospitals.
 
     Based on the recommendation of the Clinical Services Plan for the KCC, the A&E service in WTS district will be provided by the New Acute Hospital (NAH) at the Kai Tak Development Area under the First 10-year HDP. The NAH will provide 2 400 in-patient beds and other medical and supporting facilities. The NAH is located in the heart of Kowloon and will form a service network with WTSH, OLMH and Hong Kong Buddhist Hospital to provide comprehensive healthcare services to the residents of WTS district.
 
     The Government understands the public’s aspiration for A&E service in the district. However, A&E service should mainly be used to handle urgent or serious trauma or severe illness, and should not be used as a substitute for general primary healthcare services. Treating A&E service as general primary healthcare services will not only overload public hospitals and prolong waiting time, it may also prevent people with genuine need for A&E service from receiving timely and suitable care. The Government will continue to strengthen and reform primary healthcare services, so that citizens in need can access primary medical services without having to rely on A&E service in public hospitals. The Government will set out our ideas and plans in the blueprint for the sustainable development of primary healthcare services within the current-term Government.
 
(3) Upon the completion of the NAH in the Kai Tak Development Area, most of the services of QEH, including A&E service, will be relocated to the NAH, and the Ambulatory Care Centre (Extension) at QEH will be retained. By that time, QEH’s current site in King’s Park will free up space for construction of new healthcare facilities. Such project has also been included in the Second 10-year HDP. Having regard to the completion date of the NAH, the HA will commence the overall development plan of the King’s Park site in a timely manner based on the latest service demand projections and in line with the timetable of the Second 10-year HDP. read more