Tag Archives: China

     Following are the welcome remarks by the Secretary for Justice, Mr Paul Lam, SC, at the Leveraging Legal Strengths for Business Growth Cocktail Reception today (May 6):

Ms Lau (Director-General of Investment Promotion at Invest Hong Kong, Ms Alpha Lau) distinguished guests, ladies and gentlemen,

     Good evening, and a very warm welcome to all of you, especially to our overseas guests and guests from the Mainland visiting Hong Kong to attend the 26th ICCA Congress.

     Today’s reception is a side event jointly organised by the Department of Justice and Invest Hong Kong, with the theme “Leveraging Legal Strengths for Business Growth”. We are excited to have over 200 guests from the business sector and also the legal and dispute resolution sector from Hong Kong and around the world with us this evening. We hope to provide an opportunity to all those attending to reconnect and make new friends, and to gain firsthand information about the legal developments in Hong Kong.

     Hong Kong is undoubtedly an international trade and financial centre. Facts and figures speak for themselves. Hong Kong’s economy remains strong and continues to grow as an ideal place for doing business. Hong Kong’s economy grew by 3.2 per cent last year, and we forecast a growth of 2.5 per cent to 3.5 per cent for 2024. Our inflation rate remained at a low rate of 1.7 per cent, with an unemployment rate just around 3 per cent. Hong Kong recorded over 11.23 million visitors in the first quarter this year, representing a 1.5 times year-on-year increment. The presence of our overseas visitors here today, adds on to our estimation of 50 million tourists for the year.

     Hong Kong’s success as an international trade and financial centre is made possible by its robust and reliable legal system. Under the principle of “one country, two systems”, Hong Kong retains its common law system and is the only common law jurisdiction within China. Hong Kong, with our strong legal traditions as well as an impartial, independent and transparent judicial system, provides individuals and business entities with certainty, predictability, and also a level playing field that is well-regarded internationally.

     Under the national development plans of China, Hong Kong shall act as an international legal and dispute resolution services centre. We have a very strong pool of legal professionals experienced in international commercial matters who would assist their clients to set up family offices, or joint ventures in different forms in Hong Kong; and to implement M & A (mergers and acquisitions) and IPO (initial public offerings) projects, etc.

     Dispute resolution is of course another strength of Hong Kong. This is why the Department of Justice fully supports the HKIAC (Hong Kong International Arbitration Centre) in hosting the 26th ICCA Congress. I said last evening at the opening ceremony of the ICCA Congress that more than 1 300 participants have registered for the event. But Justin (Co-Chair of the ICCA 2024 Hong Kong Host Committee Mr Justin D’Agostino) just told me that the figure, for some reason, has reached 1 400 and obviously some people had decided to register after the commencement of the programme, which is quite exceptional. But I said, never mind so long as they pay. I think that the number of participants is extremely impressive and beyond our expectation. I think that is the best evidence that Hong Kong remains an utmost attractive place for people and legal professionals from all parts of the world. Now, being a global business hub and also a leading centre for international arbitration, there is every reason for the Congress to be held in Hong Kong.

     Arbitration is a mode of dispute resolution based on the voluntary agreement of the contracting parties. Although in practice the mode of dispute resolution is unlikely to be at the forefront of the minds of the contracting parties, it is indeed an essential part of risk management. From the perspective of the business community, in the unfortunate event that a dispute with the other party arises in future, it must be essential to ensure that the dispute can be resolved in a fair, speedy, economical and effective manner. Let me take this opportunity to summarise very briefly why arbitration in Hong Kong would satisfy these essential criteria.

     Resolving commercial disputes can be costly. To address the concern in this respect, Hong Kong has maximised the funding options for arbitrations. In December 2022, we introduced the regime on outcome-related fee structures for arbitration (ORFSA) for arbitration parties and their lawyers to negotiate the fee arrangements best suited to their needs. Coupled with the third party funding of the arbitration regime introduced back in 2019, the availability of funding options and flexibility in fee arrangements would benefit arbitration parties and their lawyers.

     There cannot be any doubt that arbitrations in Hong Kong are always conducted in a fair manner. The best evidence is that Hong Kong is always one of the most preferred seats for arbitration in the world, which is a reflection of people’s high degree of trust and confidence in arbitrations in Hong Kong. We have leading arbitral institutions in Hong Kong such as the HKIAC. Arbitrators are invariably eminent and experienced legal professionals including retired judges from not just Hong Kong but also other jurisdictions. Furthermore, the arbitral proceedings are subject to the supervision of our independent judiciary. Under the Basic Law, the Hong Kong court exercises independent power of adjudication, including that of final adjudication.

     Resolving commercial disputes can be time consuming. Arbitration is, generally speaking, less time consuming than litigation because an arbitral award is not subject to any appeal and, in theory, final and conclusive. In other words, arbitration is meant to be a one-stop process. What is significant is that the Hong Kong court adopts a very pro-arbitration attitude so that they will only intervene in the arbitral process or set aside an arbitral award in wholly exceptional circumstances.

     Whether an arbitral award can be effectively enforced is, of course, of crucial importance. An arbitral award will only be a piece of useless paper if it cannot be enforced. Arbitral awards made in Hong Kong are enforceable in Hong Kong and over 170 Contracting Parties to the New York Convention. An additional strength about Hong Kong, which is not shared by other places, is that we have concluded nine arrangements on mutual legal assistance in civil and commercial matters (with the Mainland), and three of them concern arbitration-related assistance including not only the enforcement of arbitral awards but also the grant of interim measures for preserving assets, evidence and conduct pending the conclusion of the arbitration.

     The wide range of legal services, including dispute resolution services, offered by Hong Kong enable Hong Kong to play the role as a “super connector” and a “super value-adder” between the Mainland and other countries in particular under the national policies of the Belt and Road Initiative and the Greater Bay Area (Guangdong-Hong Kong-Macao Greater Bay Area) Development Plan. In particular, the Greater Bay Area is a nine-plus-two megalopolis, encompassing nine cities in Guangdong plus Hong Kong and Macao, with a population of over 86 million and an estimated GDP of US$1.7 trillion. The legal services provided by Hong Kong would allow overseas investors and businessmen to explore investment and business opportunities in the Mainland while having the option of safeguarding their interests by making use of the Hong Kong common law system, which is trustworthy and familiar to the international community.

     Lastly, on a lighter note, for those visiting Hong Kong for the first time, and even for those who have been here before, no matter for how many times, I would strongly encourage you to take the opportunity to immerse yourself in Hong Kong’s rich and vibrant culture. There are, of course, this reception and many other side events around the ICCA Congress. The Asia Society where we are now is actually the place for the Former Explosives Magazine of the Old Victoria Barracks in Hong Kong, is of a very unique historical value and very worth exploring. I would also recommend that you visit one of Hong Kong’s most significant landmarks – the West Kowloon Cultural District, which is one of the largest cultural projects in the world that raises Hong Kong’s status as an arts and culture hub connecting the world. You can easily spend a day at the Hong Kong Palace Museum. There is an excellent exhibition concerning the Yuan Ming Palace; that’s the palace that had been destroyed during the Opium War. It is very interesting, no matter what you look at, from a matter of history or art and culture, and you can easily spend a day in that area. But you have to attend the conferences first before having drinks, parties and all the cultural projects. I do hope that apart from speaking on matters of great practical importance, legal matters, business opportunities, you will find some time to enjoy Hong Kong, because I was born here, I grew up here. I really love Hong Kong. I am sure that people who have been here will easily share the same love and affection for Hong Kong. So I encourage you to enjoy your time, to maximise your time in Hong Kong.

     Before I conclude, thank you again for joining us at the reception. My appreciation also goes to Invest Hong Kong for co-organising this event. Ladies and gentlemen, have a pleasant evening and an enjoyable stay in Hong Kong. Thank you very much.

  

     Police today (May 6) appealed to the public for information on a woman who went missing in Sham Shui Po.      A Thai woman, Chui Sopis, aged 75, went missing after she left her residence on Tai Hang Sai S… read more

     â€‹The Immigration Department (ImmD) mounted an anti-illegal worker operation in Tai Po District today (May 6). During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate. A total of five suspected illegal workers and one suspected employer were arrested. The arrested suspected illegal workers comprise five men, aged 34 to 47. Furthermore, one man, aged 51, suspected of employing the illegal worker, was also arrested.

     Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute “Don’t Employ Illegal Workers” leaflets and convey the message in the estate.

     “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,” an ImmD spokesman said.

     The 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.”
      
     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.

    

     â€‹The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department announced today (May 6) that a sample of bottled malt vinegar was found to contain sulphur dioxide, a preservative which is allowed to be used in certain foods, but the functional class and the name of the additive were not declared on the food label. Members of the public should not consume the affected batch of the product. The trade should also stop using or selling the affected batch of the product immediately if they possess it.

     Product details are as follows: 

Product name: Malt VINEGAR
Brand: SARSON’s
Place of origin: United Kingdom
Volume: 568 millilitre
Best-before date: December 31, 2025
Distributor: The Dairy Farm Company Limited

     “The CFS collected the above-mentioned sample from a supermarket in Ho Man Tin for testing under its routine Food Surveillance Programme. The test result showed that the sample contained sulphur dioxide. Although the sulphur dioxide level is below the maximum permitted level under the Preservatives in Food Regulation (Cap. 132BD), the functional class and the name of the additive were not declared on the food label of the sample,” a spokesman for the CFS said.

     “The CFS has informed the distributor concerned of the irregularity and instructed it to stop sale and remove from shelves the affected batch of the product. The distributor concerned has initiated a recall according to the CFS’s instructions. Members of the public may call its hotline at 2299 3966 during office hours for enquiries about the recall,” the spokesman added.

     Sulphur dioxide is a preservative which can be used in a variety of foods including dried vegetables, dried fruits, pickled vegetables and salted fish products. Sulphur dioxide is water-soluble, and most of it can be removed through washing and cooking. However, susceptible individuals who are allergic to this preservative may experience breathing difficulties, headaches and nausea after consumption.

     The spokesman reminded the food trade that the use of preservatives in food must comply with the Preservatives in Food Regulation (Cap. 132BD). Furthermore, the Food and Drugs (Composition and Labelling) Regulations (Cap. 132W) require that for all prepackaged food for sale in Hong Kong containing sulphite in a concentration of 10 parts per million or more, the functional class of the sulphite and its name shall be specified in the list of ingredients. Offenders are liable to a maximum fine of $50,000 and six months’ imprisonment upon conviction.

     The CFS will alert the trade, continue to follow up on the incident and take appropriate action. An investigation is ongoing. read more

The following is issued on behalf of the Legislative Council Secretariat:

     The Legislative Council Panel on Welfare Services visited the Sham Shui Po Community Living Room (Community Living Room) today (May 6) to learn more about its facilities, services and operation.
 
     Members first received a briefing by the representatives of the Lok Sin Tong Benevolent Society, Kowloon. They learnt that the Community Living Room aims to provide additional living space for grass-roots families, broaden their interpersonal networks and improve their living standard.
 
     Members then visited the facilities provided there, including the interview room, reading room and study room, children’s corner, self-service laundry and shower, as well as dining room. Members also exchanged views with beneficiary households to understand their utilisation of the facilities such as the communal living room and pantry. Members noted that the Community Living Room also provides various support services to needy families, such as referral to community services, talks, health checks and volunteer services, in a bid to improve their quality of life and enhance their sense of belonging to the community. 

     Members who joined the visit were the Chairman of the Panel, Revd Canon Peter Douglas Koon; the Deputy Chairman, Ms Doreen Kong; Panel members Mr Michael Tien, Mr Andrew Lam, Mr Kenneth Leung, Mr Chan Pui-leung, Dr Ngan Man-yu; as well as non-Panel members Dr Junius Ho.