Tag Archives: China

     The Secretary for the Civil Service, Mrs Ingrid Yeung, visited the Information Services Department (ISD) today (November 6) to know about its latest developments and the challenges it faced in its operations. She encouraged colleagues to continue to do their utmost in the publicity and promotion of the Chief Executive’s 2023 Policy Address and the 2023 District Council (DC) Ordinary Election.

     Mrs Yeung pointed out that the Policy Address has put forward a series of measures for building a vibrant economy, and it is vitally important to promote the city’s unique strengths and opportunities to overseas countries and the Mainland at this moment. She said, “The DC Election on December 10 is the first large-scale territory-wide election being held after the improved district governance structure. It is the key to enhancing the efficacy of district governance and is relevant to the improvement of people’s livelihood. The new DCs hold great significance as they will focus their attention on livelihood issues, perform their function of providing district advisories and services, and facilitate the development of district affairs and livelihood. I urge members of the public, including civil service colleagues, to cast their vote on the polling day and work together for an even more stable and prosperous future for Hong Kong. The ISD colleagues, apart from making concerted efforts in the media and publicity work relating to the DC Election, should also spare time to cast their vote on the polling day.”
 
     Accompanied by the Permanent Secretary for the Civil Service, Mr Clement Leung, Mrs Yeung met with the Director of Information Services, Mr Fletch Chan, and the directorate staff to learn about how the ISD tells the good stories of the city and the country through diversified measures, including the production of publicity materials in collaboration with major local, Mainland and international media, as well as the use of social media and digital platforms.
 
     Mrs Yeung then visited the News Sub-division, which is responsible for issuing all government press releases, photographs and video clips, to know more about its 24-hour press enquiry service. She also toured the Digital Media Sub-division where she was briefed on means to disseminate correct information on the Internet and social media, including the setting up of a clarifications section on the website of news.gov.hk and making use of the social media pages of “Tamar Talk” and news.gov.hk to provide correct information to netizens.
 
     At the Audio-Visual Section of the Creative Sub-division, Mrs Yeung was shown news and feature videos it produced for the promotion of government policies and events. She also exchanged views with staff of the Media Research Sub-division to understand how the sub-division facilitates review of the effectiveness of major policy decisions or execution plans so as to improve the policies.

     During the visit, Mrs Yeung was also briefed on the department’s latest effort in public relations and promotions locally and outside Hong Kong while conversing with staff from the Creative Sub-division, the Local Promotions Sub-division, the International Promotions Sub-division, the Overseas Public Relations Sub-division and the Brand Hong Kong Management Unit.

     Before concluding her visit, Mrs Yeung met with staff representatives to exchange views on issues of concern.

        

     The Secretary for Health, Professor Lo Chung-mau, led a delegation and started a three-day visit to Beijing today (November 6) to meet officials of the National Health Commission (NHC), the General Administration of Customs of the People’s Republic of China (GACC) and the Chinese Medical Association, and introduced to them the latest developments of various healthcare policies in Hong Kong, with a view to pursuing deeper exchanges with the Mainland in the healthcare aspect and realising the implementation of various initiatives announced in the recent Policy Address in relation to collaboration with the Mainland.
          
     During a morning meeting with the Deputy Director General of the Office of Hong Kong, Macao and Taiwan Affairs of the NHC, Mr He Shaohua, Professor Lo introduced the 10 initiatives aiming to enhance the quality of public healthcare services in Hong Kong and transform healthcare innovations into industry development. The 10 initiatives put forward by the Chief Executive as announced in the Policy Address last month include the development of Hong Kong into a health and medical innovation hub, cross-boundary medical collaboration, healthcare manpower, digital healthcare records, oral health, primary healthcare, mental health, Chinese medicine development, enhancement to public healthcare services and combating communicable diseases.
          
     Professor Lo emphasised, “The Health Bureau leads the overall healthcare system of the Hong Kong Special Administrative Region (HKSAR), formulates policies and allocates resources, with the safeguarding and promotion of public health at the top of its priority list. Hong Kong has all along been keeping its healthcare system abreast of the times through utilisation of technology and pressing ahead with reform and innovation. At the same time, the HKSAR Government will continue to fully leverage the city’s medical strength in developing Hong Kong into a health and medical innovation hub and proactively boosting medical innovation and collaboration in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), so as to rally concerted efforts to build a ‘Healthy Hong Kong’ for integration into the nation’s strategic planning of ‘Healthy China’, thereby making contributions to the development of the GBA and that of the whole nation.”
          
     The delegation then proceeded to visit the GACC in the afternoon and met with its CPC Committee Member and Head of Guangdong Sub-Administration, Mr Li Kuiwen. Professor Lo first introduced the recommendation to discuss with other GBA cities on the provision of a cross-boundary ambulance service raised in the Policy Address. He said, “Our goal is to enable direct point-to-point hospital transfers of patients who are in suitable medical condition and with pressing need so as to offer better support to residents in the GBA.”

     When discussing organ donation, Professor Lo mentioned in particular a baby girl, Tsz-hei, whose case was the first of receiving a heart donated gratis across the boundary from a brain-dead Mainland child, and also a successful transplant surgery performed at Hong Kong Children’s Hospital at the end of last year. He said, “I would like to express my heartfelt gratitude to the GACC and relevant Mainland authorities again for their strong support and co-ordination in saving a life with collective efforts. The collaboration fully exemplifies the shared principle and mission of the Mainland and Hong Kong in protecting lives, which is of great significance.”

     Professor Lo and the delegation then met with the President of the Chinese Medical Association, Mr Zhao Yupei, and discussed the professional exchanges among healthcare personnel from the Mainland and Hong Kong. Professor Lo said, “The HKSAR Government is pressing ahead actively with healthcare exchanges and co-operation along various fronts between the Mainland and Hong Kong, with a view to exploring a refined co-ordination mechanism on cross-boundary medical services. The establishment of the Shenzhen-Hong Kong Medical Specialist Training Centre in the University of Hong Kong-Shenzhen Hospital (HKU-SZH) in 2019 by the Hong Kong Academy of Medicine (HKAM), the Shenzhen Municipal Health Commission, the Shenzhen Medical Doctor Association, and the HKU-SZH was the fruitful outcome of seamless co-operation between the two places. Riding on the specialist training model and experience of the HKAM, and taking into account the practical situation on the Mainland, the Training Centre built a standardised specialist training framework which is on par with international practices and recognised by the Mainland. This serves as a pioneer demonstration in fostering the nurturing of medical talent in Shenzhen, the GBA and the nation as a whole.”

     Professor Lo believes that more in-depth exchanges among healthcare personnel from the Mainland and Hong Kong would set the stage for the steady development of the nation’s and the GBA’s healthcare sectors under the principles of complementarity and mutual benefits as well as on the premise of benefiting healthcare development on the Mainland and in Hong Kong.

     The delegation also visited Beijing Tiantan Hospital affiliated to Capital Medical University this morning to learn about the hospital’s latest moves in fostering smart hospital development. Professor Lo shared with healthcare personnel there the details of the HKSAR Government’s five-year plan in rolling out eHealth+ which was set out in the Policy Address. The plan will transform the Electronic Health Record Sharing System into a comprehensive healthcare information infrastructure to actualise an effectively connected digital healthcare data network for immediate access and sharing of health records by healthcare service providers in the public and private sectors. The transformation is essential to the facilitation and co-ordination of the delivery of continuous healthcare for individuals and the collection of essential and accurate health surveillance data for effective healthcare policy and services planning for the population as a whole.
          
     The delegation consists of members including the Permanent Secretary for Health, Mr Thomas Chan; the Director of Health, Dr Ronald Lam; the Chairman of the Hospital Authority (HA), Mr Henry Fan; and the Chief Executive of the HA, Dr Tony Ko.  They will continue the second-day visit tomorrow.

            

The following is issued on behalf of the Hospital Authority:      Regarding an earlier announcement on Candida auris carrier cases, the spokesperson for Queen Elizabeth Hospital (QEH) gave the following update today (Novembe… read more

     Following are the closing remarks by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, at the 5th UNCITRAL Asia Pacific Judicial Summit – Judicial Conference under the Hong Kong Legal Week 2023 today (November 6):

Ms Anna Joubin-Bret (Secretary of United Nations Commission on International Trade Law (UNCITRAL), Ms Anna Joubin-Bret), Your excellencies, distinguished guests, ladies and gentlemen,

     It is my great honour to address you today at the closing of the Judicial Conference of the 5th UNCITRAL Asia Pacific Judicial Summit 2023, a remarkable event jointly organised by UNCITRAL and the Department of Justice of the Hong Kong Special Administrative Region.

     I am very pleased to witness the successful conclusion of the Judicial Conference which has underscored the importance of international collaboration and knowledge-sharing in shaping the future of international trade law and dispute resolution. Today’s discussions have provided us with valuable insights and will serve as a catalyst for conducting further exchanges and dialogues among judges, officials, legal experts, professionals and other stakeholders in the future.

     As we reflect on the four sessions held throughout the day, it is evident that the topics covered hold profound implications for post-pandemic resilience as well as the new beginnings and innovations in international trade law and dispute resolution.

United Nations Convention on the International Effects of Judicial Sales of Ships (the Beijing Convention)

     Session 1 of today’s conference focused on the United Nations Convention on the International Effects of Judicial Sales of Ships, also known as the Beijing Convention on the Judicial Sale of Ships, which was recently signed in Beijing in September 2023.

     The Beijing Convention establishes a harmonised regime to give international effect to judicial sales of ships, while respecting domestic law governing the procedure of judicial sales and the conditions under which such sales confer clean title. By providing legal certainty regarding the title acquired by the purchaser as the ship navigates internationally, the Convention aims to maximise the ship’s market value and the proceeds available for distribution among creditors, thereby promoting international trade.

     Hong Kong notes with great interest the development and signing of the Beijing Convention. In fact, representatives from Hong Kong, including my colleagues in the Department of Justice, actively participated as part of the Chinese delegation in the negotiation of the Convention.

     The discussions during Session 1 clearly highlighted the benefits of the Beijing Convention and its relevance to ship financing and maritime trade. It is therefore not surprising that some have expressed the wish to witness its entry into force in the near future.

UNCITRAL texts on MSMEs

     In Session 2, we discussed various UNCITRAL texts on micro, small and medium-sized Enterprises, MSMEs, which play a pivotal role in post-pandemic international trade, driving economic recovery and job creation, and fostering market innovation and competition, especially in this region. According to the information from Asia Pacific Economic Cooperation (APEC), MSMEs account for over 97 per cent of all businesses and employ over half of the workforce across APEC economies. They contribute significantly to economic growth, with their share of GDP (Gross Domestic Product) ranging from 40 per cent to 60 per cent in most APEC economies. It is therefore crucial for the international community to establish a common framework that facilitates MSMEs’ operation and participation in international trade. Recently, the APEC Economic Committee has developed and launched the APEC Collaborative Framework for Online Dispute Resolution of Cross-Border Business to Business Disputes (APEC ODR Framework) to use online dispute resolution (ODR) to help global businesses, in particular MSMEs, resolve cross-border disputes.

     At the UN level, the UNCITRAL Legislative Guide on Limited Liability Enterprises (2021) has been developed to assist states in designing a more simplified legal form for MSMEs that can best facilitate their formation and operation in the formal economy, reducing the legal barriers faced by MSMEs and enhancing their sustainability and chances of success.

     A well-designed legal framework for MSMEs can improve their access to credit, which is critical for their continued contribution to economic development. On the other hand, the special characteristics of MSMEs, such as intermingled business and personal debt, and ownership and management overlap, necessitate special legal considerations in cases of insolvency.

     Over the past decade, China’s Belt and Road Initiative has opened up markets, boosted business and investment activities, and facilitated people, goods and tourism flows. Hong Kong, as a “super-connector” under the “one country, two systems” principle, has also signed a number of free trade agreements with our trading partners. As Hong Kong strengthens its status as an international trade centre, an international innovation and technology centre, and an East-meets-West centre for international cultural exchange, we must harness the enormous potential of MSMEs in the Belt and Road region and provide a platform for Mainland MSMEs to “go global”, and for overseas MSMEs to access the Belt and Road markets, by use of Hong Kong as a springboard.

     By empowering MSMEs and fostering a supportive legal environment, we will unlock their full potential in achieving prosperity for all.

UNCITRAL’s recent work on dispute resolution (digital economy, insolvency and climate change)

     Session 3 highlighted UNCITRAL’s recent work on dispute resolution, ranging from the topics of digital economy, insolvency, as well as climate change. Session 3 therefore holds particular relevance for Hong Kong as an international legal and dispute resolution services centre in the Asia-Pacific region. Under the “one country, two systems” principle, Hong Kong’s common law system has a strong heritage and enjoys a reputable position in the global community. Our well-established legal system and professionals provide a solid platform for international investment and effective dispute resolution.

     In the digital economy era, Hong Kong has been proactive in embracing digital dispute resolution solutions. Our initiatives in ODR, such as the eBRAM Centre, which is also a listed ODR service provider under the APEC ODR Framework, provide MSMEs with efficient and accessible means of resolving disputes. By harnessing the power of technology, we empower businesses to navigate the complexities of the digital economy and seek redress effectively.

     In Session 3, we have also heard about UNCITRAL’s efforts in harmonising cross-border insolvency laws. In Hong Kong, we are delighted to share our experience on this front. The record of meeting on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between the Courts of the Mainland and Hong Kong signed between the Department of Justice and the Supreme People’s Court of the People’s Republic of China in May 2021, provides for the mutual recognition of and assistance to insolvency proceedings between these two jurisdictions. I am confident that the continued effective implementation of this unique arrangement would go a long way to facilitate and encourage the rescue of financially troubled businesses which have commercial presence in both Hong Kong and the Mainland, which may also shed light for development of a co-operative mechanism for other jurisdictions and internationally, and hopefully reinforces UNCITRAL’s efforts in this area.

     Speakers have also shared their insightful views on climate change-related disputes. Alternative means of dispute resolution such as mediation would be particularly suitable for resolving certain types of climate change disputes. For example, mediation fosters collaborative problem solving, and offers flexible, mutually acceptable and enforceable solutions that promote long-term sustainability. In Hong Kong, we watch over closely UNCITRAL’s work in the area of mediation, from the UNCITRAL Mediation Rules (2021), which provide internationally harmonised procedural rules for conducting mediation in the context of international commercial relation, to the United Nations Convention on International Settlement Agreements Resulting from Mediation, which establishes a harmonised legal framework for enforcing settlement agreements resulting from mediation.

     As an international legal and dispute resolution services centre, Hong Kong is committed to promoting the use of mediation. This is exemplified by our recent participation in the important initiative led by China and other states in establishing a permanent inter-governmental organisation, namely the International Organization for Mediation, which will be dedicated for providing mediation services for resolving international disputes. The fact that the International Organization for Mediation Preparatory Office was set up in Hong Kong early this year is a testament to Hong Kong’s unique role as an international dispute resolution hub, which is best suited to further the development of mediation.

     UNCITRAL’s recent work on dispute resolution demonstrates the international community’s dedication to improving and modernising mechanisms for resolving cross-border disputes. For our part, as an international legal and dispute resolution services centre, Hong Kong will definitely continue to play a key role in contributing to these efforts.

UNCITRAL’s work on digital economy and trade

     In Session 4, we discussed UNCITRAL’s recent work on digital economy and trade, an area also of immense relevance to Hong Kong as an international trade centre and an international innovation and technology centre. The discussion underscored the invaluable contributions made by UNCITRAL in the ongoing development of laws governing e-commerce and digital trade.

     Over the years, UNCITRAL has prepared a suite of legislative texts to enable and facilitate the use of electronic means in commercial activities, which have been widely adopted. The most widely used text is the UNCITRAL Model Law on Electronic Commerce (1996), which establishes rules for the equal treatment of electronic and paper-based information, as well as the legal recognition of electronic transactions and processes. It is worth noting that Hong Kong’s Electronic Transactions Ordinance (Cap. 553) was in fact modelled on UNCITRAL Model Law on Electronic Commerce (1996), clearly demonstrating our commitment to international standards and best practices.

     Recent advancements in information and communications technology continue to raise novel legal questions, which have far-reaching implications for international trade and require collaborative efforts to ensure a harmonised and effective legal framework.

     The recent Taxonomy of legal issues related to the digital economy (2023) is a prime example showcasing UNCITRAL’s diligent work in facilitating international collaboration to address these emerging challenges. This instrument covers a wide range of topics relevant to the development of digital economy, from artificial intelligence, data, digital assets, to online platforms and distributed ledger systems. The text serves as a useful stocktaking record of the current issues in the context of electronic commerce, and no doubt would provide a roadmap to guide our future discussions.

Concluding remarks

     Ladies and gentlemen, it is my pleasure to announce the successful conclusion of the Judicial Conference of the 5th UNCITRAL Asia Pacific Judicial Summit 2023. The success of this event counts on the collective efforts and dedication of UNCITRAL and our colleagues at the Department of Justice, as well as the esteemed judges, speakers, moderators and participants from around the world. Once again, I extend my heartfelt thanks to everyone who contributed to the success of the Judicial Conference.

     With the conclusion of the Judicial Conference, the first day of Hong Kong Legal Week 2023 also draws to an end. We welcome all of you to join the rest of the exciting events that we have prepared for you this week, covering a wide range of topics. For the judges, we will see you again at the Judicial Roundtable tomorrow morning to continue our exchanges and discussion. For the other participants, we look forward to seeing you again at the Legal Forum on Interconnectivity and Development tomorrow afternoon or the other exciting events later this week.

     Thank you once again, and I wish you all a successful and enriching experience throughout the Hong Kong Legal Week 2023. For those who come from abroad, I hope that you will make the best use of your time and enjoy your stay in Hong Kong. Thank you very much. read more

     Two Indonesian illegal workers were jailed by the Shatin Magistrates’ Courts on November 4.
 
     During operation “Twilight” conducted on November 2, Immigration Department (ImmD) investigators raided a restaurant in Mong Kok. Two Indonesian females, both aged 34, were arrested working as odd job workers. An employer suspected of employing the illegal workers was also arrested and the investigation is ongoing.
 
     The illegal workers were charged at the Shatin Magistrates’ Courts on November 4 with taking employment while being a person who, having been given permission to land in Hong Kong, had remained in Hong Kong in breach of their limit of stay imposed in relation to the permission. They pleaded guilty to the charge and were sentenced to 15 months’ imprisonment. Meanwhile, they were also charged with one count of overstaying in Hong Kong. They were sentenced to four weeks’ and 16 days’ imprisonment. All sentences are to run concurrently, making a total of 15 months’ imprisonment.
     
     The ImmD spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum penalty of a $100,000 fine and up to 10 years’ imprisonment.
 
     The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years’ imprisonment to a fine of $500,000 and 10 years’ imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.
 
     According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
 
     Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threats and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately. read more