A Mainland woman was charged at the Sha Tin Magistrates' Courts with one count of making false representation to an immigration staff and sentenced to 14 months' imprisonment on November 27.

     The 34-year-old defendant arrived in Hong Kong as a visitor and went to an Accident and Emergency Department for delivery without prior booking. Investigation revealed that the defendant was asked by an immigration staff member about her pregnancy status during arrival examination upon arrival at the Lo Wu Control Point and she claimed she was not pregnant. The defendant was subsequently charged with one count of making false representation to immigration staff on her pregnancy status. The defendant pleaded guilty to the charge and was sentenced to 14 months' imprisonment at the Sha Tin Magistrates' Court on November 27.

     "Under the laws of Hong Kong, any person who makes false representation to an immigration officer commits an offence. Offenders are liable to prosecution and, upon conviction, subject to the maximum penalty of a fine of $150,000 and imprisonment for 14 years," an Immigration Department spokesman said.
 

     The Civil Aviation Department (CAD) has been monitoring the operational situation of the Hong Kong Airlines Limited (HKA) to ensure aviation safety and working closely with the Transport and Housing Bureau with regard to the follow-up actions on HKA. The CAD is concerned about the latest financial situation of HKA, including its inability to pay salaries to its entire staff in one go earlier. The CAD noted that in response to the financial situation of HKA, the Air Transport Licensing Authority (ATLA) decided to attach new conditions to HKA's licence, and ATLA also indicated that if HKA fails to improve its financial situation as required by ATLA by the deadline, ATLA will take further action under Regulation 15E of the Air Transport (Licensing of Air Services) Regulations (Cap. 448 Subsidiary Legislation A).

     A CAD spokesman said today (December 2), "According to Article 6 of the Air Navigation (Hong Kong) Order 1995 (Cap. 448 Subsidiary Legislation C), the CAD has to be satisfied that an Air Operator's Certificate (AOC) holder is competent, having regard to his equipment, organisation, staffing, maintenance and other arrangements, to secure the proper and safe operation of his aircraft registered in Hong Kong for the purpose of public transport. In view of the latest financial situation of HKA, including its inability to pay salaries to its entire staff in one go earlier, the CAD has great concern and has today requested HKA, which holds an AOC, to make representation on whether it is able to continue to operate stringently in accordance with the Air Navigation (Hong Kong) Order 1995. Depending on the representation, the CAD will take appropriate actions including but not limited to varying, suspending or revoking HKA's AOC according to Article 62 of the Air Navigation (Hong Kong) Order 1995."

     In view of HKA's financial situation, the CAD has enhanced monitoring on the airline's flight operations and aviation safety since mid-December 2018. The CAD also actively inspects and audits HKA to ensure that its various aspects including equipment, organisation, staffing, maintenance and other arrangements comply with the standards of the above-mentioned laws and to secure its proper and safe operation in compliance with the conditions specified in its AOC. In the past year (from November 2018 to October 2019), the CAD has conducted about 180 scheduled and unscheduled checks on HKA.

     The CAD will continue to closely monitor HKA's flight operations and aviation safety, with a view to ensuring that HKA's operations will continue to comply fully with the requirements of relevant aviation laws and regulations.

     The Transport and Housing Bureau (THB) has been closely following up on the financial problems of Hong Kong Airlines Limited (HKA) over a long period of time. The THB, together with the Civil Aviation Department (CAD), summoned the management team of HKA again to a meeting on November 27, 2019, at which HKA reported on the latest financial position of the airline for assessment by the THB and the CAD. At the meeting, the THB expressed grave dissatisfaction and deep concern that HKA's financial situation had not significantly improved and urged the management team to resolve the financial problems pragmatically as a matter of urgency.

     In fact, over a period of time the THB has been gradually scaling down HKA's operation in the hope that HKA's situation would be under better control. The THB has also reminded HKA to make timely notification to affected passengers of the flight consolidations and to make appropriate arrangements for them in accordance with the terms and conditions of air tickets concerned.  

     The THB noted that the Air Transport Licensing Authority (ATLA) decided on December 2, 2019, to attach two new conditions to HKA's licence with effect from today (December 2). According to the new licence conditions attached by ATLA, HKA must, by a deadline, ensure cash injection at a level determined by ATLA (or provide an alternative to the satisfaction of ATLA), and raise and maintain its cash and cash equivalent level as stipulated by ATLA. If HKA fails to improve its financial situation as required by ATLA by the deadline, ATLA will take further actions under Regulation 15E of the Air Transport (Licensing of Air Services) Regulations (Cap. 448 Subsidiary Legislation A), which provides for revocation or suspension of licence.
 
     The THB concurs with ATLA's decision and considers that HKA must face up to its problems seriously and use its best endeavours to meet ATLA's requirements by the deadline in order to prevent its situation from further deteriorating and to protect public interests. The THB has also reminded HKA that before any further decision of ATLA is made, it must continue to provide services to its passengers in accordance with the terms and conditions of air tickets concerned.
 
     HKA is responsible for getting prepared for different operational circumstances, including unanticipated ones. The THB has reminded HKA of its obligations to provide services to passengers in accordance with the terms and conditions of air tickets and/or make other appropriate arrangements for them where necessary. As an employer, HKA should also take care of its employees' interests in accordance with the applicable laws.

The following is issued on behalf of the Air Transport Licensing Authority (ATLA):

     In the light of the ongoing financial problems of Hong Kong Airlines Limited (HKA), ATLA has been closely monitoring the financial situation of the airline over a long period of time in accordance with Regulation 15D(1) of the Air Transport (Licensing of Air Services) Regulations (Cap. 448 Subsidiary Legislation A), and has repeatedly asked HKA to submit financial improvement plans. Since December 2018, ATLA has issued six press releases to inform the public of the financial problems of HKA and the follow-up work of ATLA.
 
     ATLA met the senior management members of HKA again on November 29, 2019, and heard the representation and explanations made by them about the latest financial position of HKA. Having considered the latest financial position of HKA, ATLA was of the view that HKA's financial position has deteriorated rapidly to such an extent that has severely impacted on HKA's capability in meeting its obligations as an employer to pay salary and the probability of providing a satisfactory service under its licence in respect of continuity and regularity of operation. ATLA found the situation extremely worrying. After careful deliberation, ATLA decided today (December 2) to attach new conditions to HKA's licence as per Regulation 15E (2)(b) of the Regulations that HKA should enhance its financial situation to such a level as already required by ATLA over a period of time. 
 
     A spokesman for ATLA said, "After careful consideration of the financial position of HKA at present, ATLA must take immediate and resolute action to prevent further deterioration of HKA's situation in order to protect public interests. In accordance with the two new licence conditions attached by ATLA, HKA must, by a deadline set, ensure cash injection at a level determined by ATLA (or provide an alternative to the satisfaction of ATLA), and raise and maintain its cash and cash equivalent level as stipulated by ATLA." 
 
     If HKA fails to improve its financial situation as required by ATLA by the deadline, ATLA will take further action under Regulation 15E of the Regulations, which provides for revocation or suspension of licence. ATLA would announce its decision by December 7, 2019.

     A man who went missing in Kwai Chung was located.

     Chan Yau-cheung, aged 56, went missing after he left a hostel on Wo Yi Hop Road on November 29 afternoon. Staff of the hostel made a report to Police on the same day.

     Police located the man in a hospital in Cheung Sha Wan in the small hours of yesterday (December 1). No suspicious circumstances were detected.