Tag Archives: China

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Three persons arrested during anti-illegal worker operation (with photo)

     The Immigration Department (ImmD) mounted an anti-illegal worker operation to combat illegal workers providing photography services in Hong Kong for two consecutive days on August 14 and yesterday (August 15). A total of three mainland visitors, who were suspected illegal workers, were arrested.
 
     Immigration officers found that social media platforms recently have been utilised by Mainland photographers to advertise photography services in Hong Kong. After an in-depth investigation and intelligence analysis, ImmD officers identified several suspected illegal photographers and initiated an operation. Officers disguised themselves as customers to enquire about and book photography services from these Mainland photographers. The Mainland photographers were subsequently arrested while providing photography services in Hong Kong. The arrested illegal workers comprised one man and two women, aged 25 to 30.
 
     “The ImmD will continue to strengthen enforcement actions against illegal employment and seek various means to publicise the serious consequences of employing illegal workers in order to raise public awareness of the issue. The ImmD will conduct target-oriented cyber patrols and take prompt enforcement actions if any person is found organising, arranging or instigating others to commit serious crimes such as employing illegal workers,” an ImmD spokesman said.
 
     The spokesman warned, “Any person who contravenes a condition of stay in force in respect of him/her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years’ imprisonment. Aiders and abettors are also liable to prosecution and penalties.
     
     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.

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Commissioner for Digital Policy visits Shanghai (with photos)

     The Commissioner for Digital Policy, Mr Tony Wong, attended the Awards Presentation Ceremony of the Hong Kong/Shanghai Co-operation Open Data Challenge 2024 in Shanghai today (August 16) to show support for the Hong Kong teams and congratulate the winner of the Best Smart Mobility Award, Linksoul Holdings Company Limited, and the winner of the Best Smart Living Award, the Hong Kong Polytechnic University, from the Hong Kong delegation, as well as other winning teams.
      
     Jointly steered by the Digital Policy Office of the Hong Kong Special Administrative Region Government and the Shanghai Municipal Bureau of Data, the Hong Kong/Shanghai Co-operation Open Data Challenge 2024 is themed “Co-creating a Data Industry Platform for the Two Cities”. The competition aims to facilitate the exchange of data, technology and talent, as well as to fully unleash the multiplier effect of data elements and promote the synergistic development of smart city and digital economy between Hong Kong and Shanghai through training and competition. The Final Judging and the Awards Presentation Ceremony were held in Shanghai on August 15 and 16 respectively. The Hong Kong delegations, comprising eight finalist teams or individuals from various enterprises and universities in Hong Kong, excelled in the competition, with Linksoul Holdings Company Limited winning the Best Smart Mobility Award, and the Hong Kong Polytechnic University winning the Best Smart Living Award of the competition. Selected entries may be nominated to enter the inaugural national “Data Element x” competition jointly organised by the National Data Bureau and other authorities. 
      
     The teams representing Hong Kong in the Final Judging were as follows:

Category Enterprise/University Solution’s Name
Smart Environment Stellerus Technology Limited / Hong Kong University of Science and Technology Revolutionising Intelligent Flooding Hazard Management Platform Empowered by Physics-guided AI & Remote Sensing Satellites
Smart Environment Back-kitchen Food Safety and Security Back-kitchen Food Safety and Security
Smart Mobility ETag Solution & Services Ltd. ETag Solution & Services Ltd.
Smart Mobility Linksoul Holdings Company Limited Constructing a Digital Twin of Hong Kong’s Transportation System
Smart Economy BaoKong Retirement Medical Financing BaoKong Retirement Medical Financing
Smart Economy The University of Hong Kong Lens
Smart Living The Hong Kong Polytechnic University Smart Living Explorers (English translation)
Smart Living Canpanion Group Limited Canpanion
(Ranking in no particular order)
 
     Mr Wong congratulated all winners and said, “Over the years, Hong Kong and Shanghai have been expanding and deepening their co-operation in commerce and trade, finance, innovation and technology, as well as other areas, with significant results. I hope that all participants will achieve more breakthroughs and progress in the journey of data development, and jointly create a new chapter in the co-operation of digital economy between Hong Kong and Shanghai.”      

     During his visit to Shanghai on August 15 and 16, Mr Wong attended other Hong Kong/Shanghai Co-operation Open Data Challenge 2024-related events and was one of the judges for the Grand Award. He also paid a visit to the Shanghai Municipal Bureau of Data as well as the Shanghai Municipal Commission of Economy and Informatization. Both sides exchanged views on digital government, data governance and artificial intelligence development, with a view to further promoting synergy by exploring development opportunities for the digital technology industry between Hong Kong and Shanghai.

     Mr Wong concluded his two-day visit today and returned to Hong Kong in the evening.
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About 400 participants attend DoJ’s first GBA Mediator Training Course of Hong Kong (with photos)

     To promote the interface of the non-litigation dispute resolution services in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), the Department of Justice (DoJ) held the first GBA Mediator Training Course of Hong Kong today (August 16), which attracted about 400 participants. Mediation experts from Guangdong and Macao were invited to introduce the respective mediation systems and culture of Guangdong and Macao, as well as to share their experiences. They also explored with the participants the latest developments of cross-boundary disputes mediation in the GBA and the cultural difference and integration in mediation of the three places, and discussed topics including the means and skills in handling cross-boundary disputes.

     The Deputy Secretary for Justice, Mr Cheung Kwok-kwan; Deputy Director-General of the Department of Justice of Guangdong Province Mr Lin Chuming; and the Director of the Legal Affairs Bureau of the Macao Special Administrative Region Government, Ms Leong Weng-in, delivered opening remarks for the training course.

     Delivering his remarks, Mr Cheung said that the GBA has the unique legal environment of “one country, two systems and three jurisdictions” and plays a key strategic role in the overall development of the country. It is also the best entry point for Hong Kong, as the only common law jurisdiction within the country, to proactively align with the national development strategies.

     He said that mediation, as an efficient and flexible dispute resolution mechanism, plays an irreplaceable role in promoting the economic development and enhancing the rule of law in the GBA. The training course’s participants who are willing to dedicate to the profession of cross-boundary disputes mediation will make important contribution to the rule of law in the GBA.

     Mr Cheung said that the DoJ released the Action Plan on the Construction of Rule of Law in the Guangdong-Hong Kong-Macao Greater Bay Area in April this year and will continue to proactively promote the connectivity of hardware and software in the construction of rule of law in the GBA by means of the interfaces of mechanisms, regulatory frameworks and talent constituting the “Three Interfaces”. In turning the “differences” among the systems into “benefits”, the goal of “One GBA” will be achieved eventually through the collaboration of different legal systems in the area with respective strengths.

     Mr Cheung highlighted that good progress has been made in the interfaces of mechanisms, regulatory frameworks and talent in the GBA on mediation. The GBA Legal Departments Joint Conference endorsed the Proposal to set up the GBA Mediation Platform in 2020 as a co-operation platform for promoting mediation work. The three mediation standards applicable to the GBA, namely the GBA Mediator Accreditation Standards, the GBA Mediator Code of Conduct Best Practice and the GBA Cross-Boundary Disputes Mediation Model Rules, were released afterwards. Guangdong, Hong Kong and Macao promulgated and implemented their respective local accreditation rules for accreditation of GBA mediators in March this year, and are striving to conduct their respective local accreditations this year, with a view to forming a consolidated panel of GBA Mediators upon confirmation by the Joint Conference, so as to further strengthen the confidence of the public to use mediation in the GBA.

     The first two sessions of the training course were conducted consecutively by the Secretary-General of the World Trade Center Macau Arbitration Center, Ms Rosita Vong, and the Executive Director and Director of the Zhuhai External Public Legal Service Center and Zhuhai-Hong Kong-Macao (External) Public Legal Service Center of Hengqin, Mr Wu Zhen, to introduce the mediation systems of Macao and Guangdong, aiming to enhance Hong Kong mediators’ understanding of the mediation systems of the two places. A question-and-answer session was held at the end of each session to enhance the participants’ understanding of the topics.

     A symposium hosted by the Chairman of the Hong Kong Mediation Accreditation Association, Mr Rimsky Yuen, SC, Ms Vong and Mr Wu was then held to discuss topics including cross-boundary disputes, the cultural difference in mediation of the three places, technology and online mediation, so as to explore in-depth the unique dynamics of handling cross-boundary disputes in the GBA.

     Since the number of registered participants far exceeded the maximum capacity of the event venue, an online platform for the event was added to accommodate more participants.

     Upon completion of this training course, the participants will meet one of the accreditation requirements under the Guangdong-Hong Kong-Macao Greater Bay Area Mediator Accreditation Rules (Hong Kong Special Administrative Region). They can apply for the inaugural GBA Mediator Accreditation of Hong Kong to be commenced this year after fulfilling other accreditation requirements.

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