A spokesman for the Hong Kong Special Administrative Region (HKSAR) Government said that the Court of Appeal of the High Court today (May 8) allowed the Secretary for Justice's appeal in relation to an interim injunction for a song. The Court of Appeal granted an interim injunction (CACV 274/2023) to prohibit the following four classes of criminal acts relating to the song "Glory to Hong Kong" (or "《願榮光歸香港》", referred to below as "the Song"):
 
(1) Broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way including on the internet and/or any media accessible online and/or any internet-based platform or medium, the Song, whether its melody or lyrics or in combination:

(i) with the intent of and in circumstances capable of inciting others to commit secession, contrary to Article 21 of The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region; or
(ii) with a seditious intention as defined in section 23 of the Safeguarding National Security Ordinance; and in particular to advocate the separation of the HKSAR from the People's Republic of China; or

(2) Broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way (including on the internet and/or any media accessible online and/or any internet-based platform or medium), the Song, whether its melody or lyrics or in combination, in such a way:

(i) as to misrepresent it as the national anthem insofar as the HKSAR is concerned; or

(ii) as to suggest that the HKSAR is an independent state and has a national anthem of her own;
 
and with intent to insult the national anthem, contrary to section 7 of the National Anthem Ordinance; or

(3) Wilfully assisting, causing, procuring, inciting, aiding, abetting others to commit or participate in any of the acts as set out in paragraph (1) or (2); or

(4) Knowingly authorising, permitting or allowing others to commit or participate in any of the acts as set out in paragraph (1) or (2).
 
     The interim injunction also covers the following items:
 
(a) The acts of publishing the items via the Uniform Resource Locators (URLs) set out in the Schedule thereunder; and 

(b) Any adaptation of the Song, the melody and/or lyrics of which are substantially the same as the Song.
 
     The spokesman for the HKSAR Government said that the purpose of applying for the injunction is to safeguard national security and preserve the dignity of the national anthem. The Song has been widely circulated since 2019, and has been used to incite others to participate in acts and activities which are very likely to constitute offences such as secession and sedition, thereby endangering national security. The Song has also been mistakenly presented as the "national anthem of Hong Kong" (instead of the correct one "March of the Volunteers"). This has not only insulted the national anthem but also caused serious harm to the State and the HKSAR. The HKSAR Government has acted in accordance with the law and applied to the Court for an injunction for discharging the constitutional duty of the HKSAR Government to safeguard national security by effectively preventing, suppressing and imposing punishment on acts or activities endangering national security.
 
     The Basic Law, the Hong Kong National Security Law and the Hong Kong Bill of Rights Ordinance and other relevant laws fully guarantee that Hong Kong residents enjoy basic rights and freedom, including freedoms of speech and of the press, in accordance with the law. However, such freedoms are not absolute. Relevant international covenants recognise that the law may impose reasonable and necessary restrictions on the exercise of such rights in order to safeguard national security. This is a common practice in many countries. The application pursues the legitimate aim of safeguarding national security and is necessary, reasonable, legitimate, proportionate and consistent with the requirements of the Hong Kong Bill of Rights. The interim injunction will not in any way affect law-abiding Hong Kong citizens in exercising their rights and freedoms in accordance with the law.
 
     It has never been the intent of the application to cover or affect lawful and legitimate activities conducted in or outside Hong Kong for the purposes such as academic activity and news activity. For the avoidance of doubt, the interim injunction clearly states that lawful academic activity and news activity will not be prohibited on condition that such activities do not involve any of the acts mentioned in paragraphs (1) to (4) above.
 
     The full text of the interim injunction will in due course be uploaded to the websites of the Government of the HKSAR, the Department of Justice and the Hong Kong Police Force. Addresses of the websites and the QR codes will be announced after the uploading.
 
     Any person who violates the interim injunction order may be held liable for contempt of court. Members of the public must not defy the law.

     The Commissioner of Customs and Excise, Ms Louise Ho, today (May 8) led a Hong Kong Customs delegation to attend the 6th WCO Global AEO Conference co-hosted by the World Customs Organization (WCO) and the General Administration of Customs of the People's Republic of China (GACC). The three-day Conference is being held in Shenzhen from May 8 to 10. 

     Under the theme "Harnessing the Power of AEO Programmes for Inclusive and Sustainable Global Trade", the Global Conference focuses on discussions about how the Authorized Economic Operator (AEO) Programme and Mutual Recognition Arrangements (MRAs) can secure global trade and enhance economic development, and at the same time provide a platform for about 1 200 representatives from customs administrations, international organisations, AEO enterprises and other key stakeholders around the world to explore the transformative potential of the AEO Programme.

     During the Conference, the Assistant Commissioner (Excise and Strategic Support) of Customs and Excise, Mr Rudy Hui, and the Head of the AEO of the South African Revenue Service (SARS), Ms Rae Vivier, signed the Action Plan for the AEO MRA, witnessed by Ms Ho and the Commissioner of the SARS and the Council Chairperson of the WCO, Mr Edward Kieswetter, marking a significant step by Hong Kong Customs to extend the MRA network to Africa. 

     Also, Ms Ho met with the Vice-Minister of the GACC, Mr Sun Yuning, to discuss multiple co-operation issues, including Smart Customs development, AEO mutual recognition arrangements, risk management and law enforcement collaboration. In addition, Ms Ho held bilateral meetings with the Deputy Chief Executive of the New Zealand Customs Service, Mr Richard Bargh; the Deputy Director General of the General Department of Customs and Excise of Cambodia, Mr Pha Eng Veng; and the Director General of the Royal Malaysian Customs Department, Ms Dato' Anis Rizana Mohd Zainudin, respectively to strengthen mutual collaboration and explore more partnership opportunities.  

     The Hong Kong AEO Programme was launched in 2012. Hong Kong Customs at present has ratified MRAs with 15 Customs administrations including the Mainland China, India, Korea, Singapore, Thailand, Malaysia, Japan, Australia, New Zealand, Israel, Canada, Mexico, Indonesia, Macao China and Bahrain. Under the MRAs, AEOs from the signatory countries or regions can enjoy reciprocal trade facilitation measures including reduced inspection rates and prioritised clearance. Hong Kong Customs will continue to take steps to expand the AEO network so as to promote a more favourable business environment and foster mutual benefits.

              

     The Food and Environmental Hygiene Department (FEHD), together with relevant departments, enforced closure orders today (May 8) against two food premises in Yau Ma Tei that have been persistently operating without a licence and causing serious street obstruction.

     The two food premises, located at Shop C-D and Shop A respectively on the ground floor of 29-35 Temple Street, have been operating without a licence and occupying the pavement and carriageways continuously, causing serious obstruction and environmental hygiene problems, as well as a great nuisance to residents nearby. From July 2022 to March this year, the FEHD received 437 complaints concerning the two restaurants, and conducted 132 blitz enforcement operations and instituted 306 prosecutions against their irregularities.

     A spokesman for the FEHD said, "The FEHD has been taking enforcement and regulatory actions against the blatant contraventions of these two food premises in question and deploying additional manpower to step up the enforcement actions. However, both restaurants continued to operate without a licence and obstruct public areas persistently, breaching the Food Business Regulation (Cap. 132X) and other related legislation repeatedly. The FEHD obtained closure orders from the court on April 30 against the premises concerned to completely rectify their irregularities."

     As the closure orders came into force today, staff of the FEHD and relevant departments entered the premises concerned this morning. They removed six gas cylinders that may pose a fire hazard and disposed of perishable food items from the premises, disconnected gas and water supplies and proceeded to lock and seal all entrances and exits.

     The spokesman said, "While the closure orders shall remain in force, the owner of the premises concerned may apply to the court to rescind the orders if measures are taken to ensure that there will be no reappearance of irregularities in the future."

     According to the Public Health and Municipal Services Ordinance (Cap. 132), unless with written permission from the FEHD, no person may enter or remain on any closed premises, failing of which is an offence and is liable on conviction to a maximum fine of $100,000, imprisonment for 12 months and a daily fine of $1,750. Moreover, any person who removes or defaces a closure order affixed to any premises, or breaks or interferes with any lock or seal made on closed premises without lawful authority or reasonable excuse, commits an offence and is liable on conviction to a maximum fine of $25,000 and imprisonment for six months.

     The spokesman stressed that the FEHD will continue to crack down on unlicensed food premises to safeguard food safety and public health. Operators are urged not to defy the law, while members of the public are urged to not patronise these premises.

    

     A spokesman for the Highways Department (HyD) said today (May 8) that the department, if weather and site conditions permit, will commence urgent removal works early next week for an Old and Valuable Tree (OVT), which is also a stone wall tree, on a slope between Bonham Road and Hospital Road in Pok Fu Lam infected with brown root rot disease (BRRD) in order to ensure public safety.
 
     The OVT concerned is a 17-metre-tall Ficus microcarpa, which is listed on the Register of OVTs with registration number HYD CW/1. Part of the tree crown spans across Hospital Road. The tree was confirmed with BRRD infection in early 2019. Since then, the HyD has been, in accordance with the guidelines of the Tree Management Office (TMO) of the Development Bureau, strengthening maintenance works and conducting regular inspections to closely monitor the tree's health and structural conditions. A series of measures have been taken to improve the tree's health, including quarterly tree risk assessments, regular pruning to reduce the weight of the tree crown and the overall loading, spraying of fungicide, and application of soil conditioner. Regularly surveying has been conducted to monitor the displacement of the tree. In addition, the HyD has been supporting and stabilising the tree using large concrete blocks and cables since 2021.
 
     However, a large crack was identified at one of the main prop roots during a regular maintenance inspection by the HyD in 2023. After Typhoon Saola and the Black Rainstorm Warning Signal in early September 2023, the HyD observed significant degrees of outward tilting or displacement at various positions of the main trunk and branches, indicating a threat to the tree's stability. The HyD subsequently carried out tree pruning works in September 2023 and March 2024 in order to reduce the loading of the tree crown. Nevertheless, the HyD observed rapid deterioration of roots with severe decay and breakage in early April 2024, indicating that BRRD had further degraded the woody tissue of roots and caused irreversible structural damage to the tree. As the tree gradually loses main support from its roots, there is a risk of tree failure during inclement weather or typhoon seasons, posing a serious threat to public safety. After consulting the Urban Forestry Advisory Panel with the assistance of the TMO, and notifying the Central and Western District Council of the proposed tree removal, if weather and site conditions permit, the HyD will launch the urgent tree removal works early next week, which is expected to complete in two days, and will make appropriate adjustments based on weather and on-site conditions.
 
     The spokesman emphasised that the department will continue to adopt a prudent approach in inspecting and maintaining trees under its care, and will only consider removing problematic trees in the absence of other viable risk mitigation measures.

The following is issued on behalf of the Hospital Authority:

     The Hospital Authority (HA) spokesperson today (May 8) announced that the HA has activated service demand surge special measures to cope with the increasing service demand due to increased activity in influenza and respiratory viruses. The HA will closely monitor various statistics and situation.
 
     The HA spokesperson said, "Public hospitals have implemented a series of measures, including increasing manpower, opening temporary beds and mobilising hospital beds flexibly to cope with the increasing service demand for accident and emergency (A&E) departments and inpatient services. Laboratory services will be enhanced and ward rounds of senior clinicians in evenings, weekends and holidays will be increased. The HA will also facilitate patient admissions, transfers and discharges to expedite hospital bed turnover. Service capacity of general out-patient clinics (GOPCs) will be enhanced. The geriatric departments will provide assessment and discharge support to elderly people at A&E departments. The community geriatric assessment team will provide teleconsultations to elderly people who are in need and living in residential care homes."
 
     Latest surveillance data showed that increased activity in influenza and some respiratory pathogens has been observed. The HA will closely monitor the medical needs of the patients concerned and provide suitable treatments. The HA also appeals to members of the public who have not received seasonal influenza vaccination (SIV) to receive vaccination as soon as possible. Especially the elderly and children, who are at higher risk of getting influenza and its complications, should receive SIV early. SIV is the most effective means to prevent seasonal influenza and its complications, as well as reducing the risk of severe disease and death.
 
     Moreover, 14 GOPCs will provide public holiday GOPC services on the Birthday of the Buddha (May 15) (see table below) to cope with the increasing service need from members of the public and alleviate the service pressure on A&E departments during the holiday. Patients may book an appointment either through the telephone appointment system or the "Book GOPC" function of the "HA Go" mobile app.

     The spokesperson said non-urgent patients should avoid attending A&E departments. They are advised to attend GOPCs, private doctors or the 24-hour clinics of private hospitals as far as practicable. To choose a suitable family doctor and related clinic service, members of the public can browse the Primary Care Directory of the Health Bureau (www.pcdirectory.gov.hk).
 
     The HA will closely monitor the situation and flexibly deploy resources and manpower when necessary, and will keep increasing its service volume in order to provide appropriate services for patients.

     GOPC service arrangements on the Birthday of the Buddha (May 15):
 

 
Service hours:
9am to 1pm and 2pm to 5pm