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 (November 6):

     Following a contact tracing investigation, two more male patients, aged 59 and 67, in the surgical ward were also identified as carriers of Candida auris while not having signs of infection. The two patients are in stable condition. One of them is now being treated in isolation, and the remaining patient has recovered and was discharged.

     The hospital will continue the contact tracing investigation of close contacts of the patients in accordance with the prevailing guidelines. A series of enhanced infection control measures have already been adopted to prevent the spread of Candida auris:

     1. Thorough cleaning and disinfection of the wards concerned;
     2. Enhanced admission screening for patients and environmental screening procedures; and
     3. Application of stringent contact precautions and enhanced hand hygiene of staff and patients.

     The hospital will continue to closely monitor the situation of the patients. The cases have been reported to the Hospital Authority Head Office and the Centre for Health Protection for necessary follow-up.

     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.

     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.

     The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department announced today (November 6) that in view of a notification from the World Organisation for Animal Health (WOAH) about outbreaks of highly pathogenic H5N1 avian influenza in Chilton County of the State of Alabama; Beadle County, Clark County and Hanson County of the State of South Dakota; Merced County of the State of California; and Pocahontas County of the State of Iowa in the United States (US), the CFS has instructed the trade to suspend the import of poultry meat and products (including poultry eggs) from the above-mentioned areas with immediate effect to protect public health in Hong Kong.

     A CFS spokesman said that according to the Census and Statistics Department, Hong Kong imported about 21 470 tonnes of chilled and frozen poultry meat and about 57.11 million poultry eggs from the US in the first nine months of this year.

     â€‹"The CFS has contacted the American authority over the issue and will closely monitor information issued by the WOAH and the relevant authorities on the avian influenza outbreaks. Appropriate action will be taken in response to the development of the situation," the spokesman said.

     The five-day Hong Kong Legal Week 2023, an annual flagship event of the legal sector and the Department of Justice (DoJ), themed "Onward & Forward: Connecting the World" began today (November 6). During its various conferences and forums, prominent legal and dispute resolution experts and academics from around the world are brought together to discuss a wide range of important topics, including international legal co-operation, mediation, arbitration, and opportunities in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) and the Belt and Road Initiative. There are over 600 registrations for each day from over 50 jurisdictions, including the Association of Southeast Asian Nations, the Middle East, Central Asia, South America, Africa and Pacific Island States.

     This morning, the event's opening was marked by the 5th UNCITRAL Asia Pacific Judicial Summit – Judicial Conference, which was one of the highlights of the week. Guest speakers from different places such as Australia, Japan, Korea, Singapore, Sri Lanka and Thailand shared their insights on a variety of topics on international trade law. Jointly held by the DoJ and the United Nations Commission on International Trade Law (UNCITRAL), the UNCITRAL Asia Pacific Judicial Summit is a biennial flagship event consisting of two parts – the Judicial Conference and the Judicial Roundtable to be held tomorrow (November 7), signifying Hong Kong's status as an international legal, deal-making and dispute resolution services centre. Around 50 judges and officials in this region attended the Judicial Summit in person. This is the first time simultaneous interpretation in the language of Timor-Leste was provided with the support of the Asian Development Bank, showcasing the importance of this capacity-building event for participants from the region.

     In his welcome remarks, the Secretary for Justice, Mr Paul Lam, SC, said that Hong Kong has distinctive advantages of enjoying strong support from the motherland while being closely connected to the world under "one country, two systems". Having direct access to the huge Mainland market and strong international connectivity at the same time, Hong Kong is determined to serve as a "super connector" and a bridge linking the Mainland and the rest of the world. He also pointed out that in line with 'The Chief Executive's Policy Address 2023', the DoJ will set up a dedicated office and an expert group within next year to take forward the establishment of the Hong Kong International Legal Talents Training Academy. Leveraging Hong Kong's bilingual common law system and international status, the Academy will promote exchanges among legal professionals, judges and government officials in the Asia-Pacific region as well as around the world. The Academy will also provide training for talent in the practice of foreign-related legal affairs for the country, and nurture legal talent conversant with international law, common law, civil law, and the country's legal system.

     The Secretary of UNCITRAL, Ms Anna Joubin-Bret, and the Acting Commissioner of the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region (HKSAR), Mr Li Yongsheng, gave their welcome remarks as well. The closing remarks will be delivered by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan.

     Other conferences and seminars of the Hong Kong Legal Week include the Legal Forum on Interconnectivity and Development co-organised by the DoJ and the Office of the Commissioner of the Ministry of Foreign Affairs in the HKSAR tomorrow (November 7); the 6th Shanghai-Hong Kong Commercial Mediation Forum, fireside chat on arbitration issues around the globe, experience sharing of the practice of arbitration funding in major arbitral jurisdictions and the annual Hong Kong Mediation Lecture 2023 under the theme "New Domains in Mediation and Arbitration" on Wednesday (November 8). On Thursday morning (November 9), the Gateway to the Opportunities in the GBA, co-organised with the Department of Justice of Guangdong Province and the Office of the Secretary for Administration and Justice of Macao, will discuss advancing the legal practice in the GBA and a mock court case will be conducted according to the different modes of trial in the three places. The GBA Young Lawyers Forum will be jointly held by the DoJ and the Law Society of Hong Kong in the afternoon. The Rule of Law for the Future will be held on Friday (November 10) as the finale of the Hong Kong Legal Week 2023. The Chief Executive, Mr John Lee; Deputy Director of the Liaison Office of the Central People's Government in the HKSAR Mr Liu Guangyuan; and the Secretary for Justice will speak at the event, and the Secretary for Justice will attend a special dialogue session to answer questions and clarify misunderstandings about the Hong Kong National Security Law.

     This year, exhibition booths dedicated to the promotion of the legal services in Hong Kong, Macao and the nine Mainland cities in the GBA will be set up for the first time during the Hong Kong Legal Week outside the main event venue. Representatives from the cities will introduce the new developments and opportunities of the legal services in the GBA and answer participants' enquiries.

     For more details on the Legal Week, please visit the dedicated website www.legalweek.hk. The event is broadcast live on the dedicated website and at webcast.info.gov.hk.