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     Following are the opening remarks by the Secretary for Justice, Mr Paul Lam, SC, at the seminar on “Hong Kong – Mainland Interim Measures Arrangement: the 5th Anniversary and Its Application to Maritime Cases” of Hong Kong Maritime Week 2024 today (November 18):
 
Mr Mok (President of the Hong Kong Maritime Arbitration Group, Mr Danny Mok), Judge Yao (Deputy Chief Judge of Ningbo Maritime Court Zhoushan Tribunal, Ms Nina Yao), Judge Ni (Director of Research Center of Guangzhou Maritime Court, Mr Ni Xuewei), distinguished guests, ladies and Gentlemen,

     Good morning, it is my great pleasure to meet you all here. Today is the second day of Hong Kong Maritime Week 2024, and as we celebrate the fifth anniversary of the Interim Measures Arrangement (Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region) this year, this gives us a timely and special occasion to delve into the implementation of the Arrangement and its application to maritime cases.
      
     We are also very happy to be joined by judges from the Mainland maritime courts as well as practitioners from Hong Kong and the Mainland, who will later share their unique insights in handling interim measures cases under the Arrangement.
 
Overview of the Arrangement
 
     Interim measures are temporary reliefs that may be granted before the final resolution of a dispute, with the aim to preserve the status quo, protect evidence, or prevent dissipation of assets while the proceedings are ongoing. Therefore, the availability of urgent interim measures is vital to the effective dispute resolution process, as it provides parties with timely access to justice so as to secure the fruits of the pending proceedings.
      
     Hong Kong, as a jurisdiction adopting the UNCITRAL Model Law, has long allowed the provision of interim measures from the courts in aid of arbitration proceedings both in and outside Hong Kong, and that of course include those conducted on the Mainland. However, in contrast, the legal framework on the Mainland did not generally permit the Mainland courts to grant similar reliefs in support of arbitration seated outside the Mainland. Why do I say “generally”? As some of you would probably know, there is a very narrow exception to the general rule, where only the Mainland maritime courts can grant preservation measures in aid of foreign-seated arbitration over four specified types of maritime assets, namely ships, cargo carried by a ship, ship fuel and ship materials. The types of assets that can be preserved in maritime injunction are very limited, and do not cover other more common assets such as bank cash, shares, bonds and real property.
 
     To fill the lacuna and strengthen the mutual assistance framework between the Mainland and Hong Kong on arbitration, the Supreme People’s Court and the Department of Justice (DoJ) had engaged in rounds of discussion since 2018. The Interim Measures Arrangement was finally signed in April 2019.
      
     As a groundbreaking initiative, the Arrangement allows parties in Hong Kong-seated arbitral proceedings that are administered by qualified arbitral institutions to apply for interim measures from Mainland Courts, whether before the commencement of the arbitration or during the arbitration proceedings. The scope of interim measures allowed are very wide, including the preservation of property, evidence and conduct.
      
     The Arrangement is also reciprocal in that it allows parties to arbitral proceedings in Mainland China to apply to the Hong Kong courts for interim measures. In effect, the current legal position under Hong Kong law concerning the court’s issuance of interim measures remains unchanged.
 
Effectiveness of the Arrangement
 
     The Arrangement is often described as a “game changer”, and I believe this is no exaggeration. Up to date, Hong Kong is the first and, so far, the only common law jurisdiction outside the Mainland where interim measures applications to the Mainland courts are possible. Over the past five years, the Arrangement has proven to be very effective to the conduct of arbitration across the two places.
      
     First, it has been widely used. Let me quote some statistics and let the numbers speaks for themselves. As at September this year, 145 applications were made to 50 Mainland Courts for interim measures, and the total value of assets preserved amounted to around RMB21 billion. 
      
     Second, applications made under the Interim Measures Arrangement have been handled by the Mainland Courts in an expeditious and timely manner. A vivid example is the first application made under the Arrangement, which has set an excellent precedent for implementation. It was an application for property preservation arising from an alleged breach of a settlement agreement in a charterparty dispute. The preservation order was issued on the very same day of the application. Similarly, in a case recently handled by the Beijing Financial Court, the preservation sum was huge, amounting to more than RMB100 million and involving 16 bank accounts, land properties and shares with multiple parties. The Court swiftly formed a collegial panel to conduct the proceedings and deliberation through its “midnight court” mechanism, and it took only three days from case filing to the issuance of a ruling. 
      
     Third, flexible measures have been adopted by the Mainland Courts to support the implementation of the Arrangement and cater for the needs of the parties. For example, in a case handled by Suzhou Intermediate People’s Court during the pandemic, the Court noted the logistical inconvenience of transferring supporting documents across the border and had flexibly conducted verification with the administering Hong Kong arbitral institution by way of email. The preservation order was granted only after one week of the application, and the final arbitral award dealing with the substantive dispute in that case was also subsequently recognised and enforced by the same Court. In view of the high efficiency of processing interim measures application, this case is recorded in one of the summary of six landmark cases published on the Supreme People’s Court’s website two months ago.
      
     Fourth, to echo the theme of today’s Seminar, the application of the Arrangement is very wide covering all types of commercial disputes including maritime disputes. And the types of assets that can be preserved under the Arrangement are basically everything, which extend well beyond the four limited categories of ship-related assets which I mentioned earlier. For example, the very first application under the Arrangement was indeed related to maritime disputes, and the applicant successfully sought to preserve the cash held in the respondent’s bank account. Similarly, in a Hong Kong arbitration concerning the breach of voyage charter contract for transporting coal, Wuhan Maritime Court had ordered to freeze the bank accounts as an interim relief. From these cases, we would see that the preservation measures would not have been possible but for the Arrangement, and the Arrangement has brought unparalleled practical convenience to Hong Kong arbitration users in all commercial sectors, including, of course, the maritime industry.
      
Some practical insights regarding the Arrangement
 
     To make the most of the Arrangement, I would like to share some practical tips, which may be helpful to arbitration users and practitioners. Since the implementation of the Arrangement, over the past five years, most applications for interim measures have been granted, and we understand only seven applications were unsuccessful, which is a very small number. It came to our notice that one of the applications for property preservation was unsuccessful, because the arbitration concerned was an ad hoc arbitration and thus could not take advantage of the Interim Measures Arrangement. Thus, if parties foresee the need to seek interim relief from the Mainland courts, the rule of thumb is to choose Hong Kong as the seat of arbitration and appoint a qualified Hong Kong arbitral institution to administer the proceedings.
      
     At present, there are seven designated Hong Kong arbitral institutions under the Arrangement, and our co-organiser of this Seminar, the Hong Kong Maritime Arbitration Group (HKMAG), is one of them and also with a unique focus on maritime arbitration. By the end of this year, the DoJ will launch a new round of open application for designation, and we very much welcome new applications from other eligible Hong Kong arbitration institutions.
      
     It is equally important to go to the right Mainland Court. The Arrangement expressly provides that applications should be made to the Mainland Intermediate People’s Court where the respondent resides or where the property or evidence is situated. In fact, a previous interim measure application was denied on the ground that it was made to an incorrect Mainland Court which has no jurisdiction on the assets concerned.
 
     Other than that, the application process is fairly straightforward, and the Arrangement has set out in detail the materials and information required in support of the application. Applicants may also make reference to the sample court document templates available on the DoJ’s website.
 
Concluding remarks
 
     Reflecting on the past five years, the Arrangement has transformed the landscape of arbitration between the Mainland and Hong Kong and has provided greater legitimacy and efficiency to the cross-border arbitration process. The DoJ will continue the efforts to foster a conducive environment for dispute resolution.
 
     On this note, I am happy to share a new liberalisation measure announced by the Central People’s Government last month. Amendments have been made to CEPA to support Hong Kong-invested enterprises registered in the pilot municipalities of the Mainland to agree to adopt Hong Kong law as applicable law in their contracts, and also to support Hong Kong-invested enterprises registered in the nine Pearl River Delta municipalities of the Greater Bay Area to agree to choose Hong Kong as the seat of arbitration. The facilitation measure well signifies the trust placed on Hong Kong as the seat of arbitration, and would also provide greater flexibility and convenience for Hong Kong enterprises.
 
     Lastly, my sincere thanks to the HKMAG for co-organising this meaningful seminar, and I look forward to hearing all the practical and valuable insights from our renowned speakers. May I close by wishing you all a fruitful discussion, and smooth sailing. Thank you. read more

     Following is the speech by the Deputy Chief Secretary for Administration, Mr Cheuk Wing-hing, at the Opening Ceremony of the 42nd Asian and Pacific Conference of Correctional Administrators (APCCA) today (November 18):

Deputy Director General Cheng Wei (Deputy Director General of the Bureau of Prison Administration, the Ministry of Justice of the People’s Republic of China), Secretary Tang Ping-keung (Secretary for Security), Commissioner Wong Kwok-hing (Commissioner of Correctional Services), Emeritus Professor Neil Morgan (APCCA Rapporteur), Mrs Irene Morgan (APCCA Rapporteur), distinguished guests, ladies and gentlemen,

     Good morning. It is my great honour to, on behalf of the Hong Kong Special Administrative Region Government, welcome you all to the 42nd Asian and Pacific Conference of Correctional Administrators (APCCA). It is exceedingly good to see more than 140 professionals of prison and correctional administrations joining this year’s five-day conference. We warmly welcome delegations from 29 jurisdictions in the Asia-Pacific region, including 16 Belt and Road countries, to come to our city. Hong Kong is privileged and proud to be the host of APCCA for the fourth time. The presence of so many heads and deputy heads of correctional institutions at this conference speaks volumes for the status and importance of APCCA.

     The theme of this year’s conference is “Collaboration for Sustainable and High-quality Development”, which highlights our keen determination to advance and deepen multilateral co-operation among the correctional authorities in the Asia-Pacific region to achieve sustainable and high-quality development in the realm of corrections.

     The Hong Kong Correctional Services Department (HKCSD) is a linchpin of Hong Kong’s social stability. With the Department’s strenuous efforts in ensuring a safe and secure custodial environment, providing diversified rehabilitation programmes and extending its reach beyond the prison walls through promoting crime prevention education in the community, Hong Kong’s recidivism rate has recorded a significant decrease from 39.9 per cent in 2000 to 21.7 per cent in 2021, making Hong Kong one of the safest cities in the world. This outstanding achievement did not come easily.

     Over the years, the HKCSD has put a strong focus on applying innovation and technology to raise its management efficiency, the level of security of correctional institutions and the effectiveness of rehabilitation programmes. The HKCSD launched the Smart Prison protocol in 2018. Since then, technology projects covering different areas of prison administration have been introduced in its institutions. For four consecutive years from 2021 to 2024, the HKCSD was awarded silver medals for its innovative projects by the International Exhibition of Inventions of Geneva, the largest global exhibition devoted exclusively to inventions.

     The HKCSD has also been making use of technology to provide e-services for the convenience of the public. For example, a Social Visit e-Booking Service was launched last year for members of the public to schedule visits to persons in custody online. This e-booking service project and another smart prison project, the Integrated Custodial and Rehabilitation Management System, won the Hong Kong Smart City Initiative of the Year at the GovMedia Awards 2024, which gives recognition to outstanding government initiatives in the Asia-Pacific region to honour organisations that exemplify leadership, creativity and impactful results in public services. The HKCSD would be sharing its experience in launching these initiatives later during the conference.

     Apart from its core duties, the HKCSD also endeavours to strengthen professional exchanges and collaboration with counterparts at regional and international levels. For example, the HKCSD has participated in international conferences and functions such as APCCA and the International Corrections and Prisons Association (ICPA) Conference. In September this year, HKCSD’s Project JET rehabilitation project was awarded the 2024 Community Corrections Award, an award presented by the ICPA for remarkable results achieved in the corrections profession. These achievements are not only conducive to closer cooperation with our counterparts and a wider network of correctional systems, but also help Hong Kong’s integration into the overall national development and telling our story worldwide.

     Following this APCCA conference, the HKCSD will next host the first Greater Bay Area Correctional Tactical Skills Competition early next year, which aims to foster an exchange of experiences in crisis management and reinforce the rapport between the HKCSD and other correctional authorities in the Greater Bay Area. If you do not already know, ladies and gentlemen, the Greater Bay Area comprises 11 cities in the Guangdong, Hong Kong and Macao area with a combined population of 86 million. The competition will be another precious opportunity for strengthening regional collaboration on handling correctional emergencies.

     Ladies and gentlemen, I have no doubt that you have a packed programme in the next few days. But if at all possible, please find time to go around the city which has quite a lot to offer in terms of food and beverage, local characteristic, transport efficiency, arts and culture and so on. I assure you that you would find the time spent worthwhile. 

     Lastly, I want to thank the HKCSD for organising this important regional gathering. I wish the conference great success, and all of you a good and fulfilling time in the week ahead. Thank you very much.

  

     Police today (November 18) appealed to the public for information on a man who went missing in Tsuen Wan.      Ching Kwun-keung, aged 40, went missing after he was last seen on Sha Tsui Road on … read more

     To commemorate the 90th anniversary of the birth of the legendary film star Lin Dai, the Hong Kong Film Archive (HKFA) of the Leisure and Cultural Services Department will present “Love Without End: The Screen Diva Lin Dai” in its screening series “Morning Matinee” from December 20, 2024, to March 7, 2025, featuring 14 classic films starring Lin and four documentaries about her.
 
     Lin was immensely popular in the 1950s and 1960s. Although her film career lasted for only about a decade, she was awarded the Best Actress four times at the Asian Film Festival with her refined skills and acting charisma, and left behind many unforgettable classics. This screening programme comprises four sections – “Maiden Love”, “City Girl”, “Fatal Beauty” and “Glory of Life”, offering an overview of Lin’s superb acting in films of different genres.
 
     Many of the films starring Lin are heart-wrenching love stories. Five films of various styles are included in the “Maiden Love” section. “The Fisherman’s Daughter” (1956) and “Golden Phoenix” (1956) are romance films early in Lin’s career. Her performance as a tender village maiden and a straightforward rural lady in the films respectively demonstrated her talent in acting. “The Fisherman’s Daughter” will feature an additional screening of a short documentary, “A Tribute to Lin Dai” (1964), with scenes of Lin’s funeral and thousands of her fans bidding her farewell. “Golden Phoenix” will feature an additional screening of “Linda Lin Dai’s Wedding” (1961), documenting the precious moments of her wedding with other entertainment personalities attending in joyous celebration. Lin’s playing the dual role of a strong-willed songstress and a gentle young lady in “Golden Lotus” (1957) won her the first Best Actress award at the Asian Film Festival. In “Humiliation for Sale” (1958), Lin plays a pleasure-seeking city girl, who also possesses a refreshing charm. In the romantic classic “Love Without End” (1961), Lin won her fourth Best Actress title in the Asian Film Festival with the portrayal of the emotional transitions of the heroine facing many unfortunate turns of events.
 
     Lin also excelled at playing youthful and lively modern city girls, particularly so in light comedies. The “City Girl” section includes three films of hers of the genre, including “The Battle of Love” (1957), the first film scripted by Eileen Chang in Hong Kong, as well as “Lady on the Roof” (1959), adapted from Hsiung Shih-i’s original story, and “Bachelors Beware” (1960), written and directed by Evan Yang. In the films, Lin plays the roles of smart and modern city girls who pursue love boldly. “The Battle of Love” will feature an additional screening of “Footages from Lin Dai’s Wedding” (1961), documenting her wedding from putting on her bridal gown, makeup, and hairstyling to heading to the church. “Bachelors Beware” will feature an additional screening of “Travel with Lin Dai” (1961), capturing Lin’s radiant smile during her trip to Europe.
 
     Lin’s versatile appearance allowed her to shine in both ancient and modern costumes, with her ancient looks being particularly elegant and charming. The “Fatal Beauty” section features four of Lin’s period films, including “Diau Charn” (1958) and “Beyond The Great Wall” (1964). Lin portrays two well-known classical beauties who sacrificed themselves for the country in the two films. Her versatile acting in “Diau Charn” earned her the second Best Actress award at the Asian Film Festival. “The Kingdom and the Beauty” (1959), directed by the renowned Li Han-hsiang, is a classic film based on the folklore of an emperor falling for a beautiful commoner. The film won the Best Picture award at the sixth Asian Film Festival. In “Meng Lisi, Maid of the Jungle” (1961), Lin played a powerful and virtuous martial heroine. The rarely screened film has been digitised by the HKFA, offering audiences a glimpse of Lin’s heroic charm.
 
     The two selected films in the section “Glory of Life” are Lin’s famous musical films, “Les Belles” (1961) and “Love Parade” (1963). “Les Belles”, a grand production by Shaw Brothers, features splendid and delightful dance performances over a thousand dancers. A cheerful and lively Lin performed dazzling Western and Asian dances in the film, earning her the third Best Actress prize at the Asian Film Festival. “Love Parade” is an extravagant contemporary romantic comedy blending songs and dances with fashion.
 
     Except for “Lady on the Roof”, which is dubbed in Cantonese, all others are in Mandarin.
 
     Tickets priced at $35 will be available at URBTIX (www.urbtix.hk) from November 23 (Saturday). For telephone bookings, please call 3166 1288. Some of the films will be accompanied by post-screening talks hosted by Dr Winnie Chan, Grace Ng, Sam Ho, Dr Angela Law, and Winnie Fu. For programme details, please visit the HKFA website www.filmarchive.gov.hk/en/web/hkfa/2024/lindai/pe-event-2024-lindai.html or call 2739 2139.

              

     Hong Kong Customs seized about 1 000 pieces of injection vials suspected to contain Part 1 poisons with an estimated market value of about $2 million at Hong Kong International Airport on October 9.

     Through risk assessment, Customs on that day inspected an air consignment consisting of nine boxes, declared as carrying body cream, and arriving in Hong Kong from Italy, at the airport. Upon inspection, Customs officers found the batch of injection vials suspected to contain Part 1 poisons in the consignment.

     After a follow-up investigation, Customs on October 16 arrested a 52-year-old male consignee suspected to be connected with the case, and further seized 37 pieces of injection vials suspected to contain Part 1 poisons at the consignee address.

     An investigation is ongoing and the arrested man has been released on bail pending further investigation.

     Under the Pharmacy and Poisons Ordinance, any person who possesses any poison included in Part 1 of the Poisons List other than in accordance with provisions commits an offence. The maximum penalty upon conviction is a fine of $100,000 and imprisonment for two years.

     Members of the public may report any suspected smuggling activities to Customs’ 24-hour hotline 182 8080 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002/). read more