Tag Archives: China

     Following is a question by the Hon Kwok Wai-keung and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (April 24):
 
Question:
 
     The Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. ‍360) seeks to establish a scheme for compensating persons or their family members in respect of incapacity or death resulting from pneumoconiosis or mesothelioma (or both) and to formulate plans for purposes connected therewith. In this connection, will the Government inform this Council:
 
(1) of the number of patients suffering from pneumoconiosis or mesothelioma who received “compensation for care and attention” under Cap. 360 in each of the past five years, and the amounts involved;
 
(2) as it is learnt that only 18 patients are currently receiving the compensation mentioned in (1), which represents a significant deviation from the number of persons who are genuinely in need of such compensation, and many patients suffering from pneumoconiosis or mesothelioma and their caregivers have relayed that the patients fail to attend a medical assessment because they are in extremely poor physical condition and even need to be totally bedridden, resulting in the failure of the Pneumoconiosis Medical Board to conduct medical assessments, whether the Government knows the relevant situation; if so, whether it has recommendations for improvement, including but not limited to arranging for outreach medical practitioners to conduct an on-site medical assessment for such patients, relaxing the eligibility criteria for receiving such compensation, and increasing compensation items in order to provide compensation for the caregivers of such patients;
 
(3) as under Cap. 360, patients may claim reimbursement of outpatient medical expenses at a maximum daily rate of $300, and the maximum daily rate of reimbursable medical expenses for their inpatient and outpatient treatment received on the same day is $370, some patient groups have pointed out that such compensation limits were last adjusted by the Government in early 2018, and the relevant compensation limits can no longer reflect patients’ actual medical expenses, whether the Government will raise the compensation limits concerned to compensate patients for their medical expenses; and
 
(4) as some patient groups have pointed out that Cap. 360 does not allow patients to make claims for reimbursement of medical expenses on medical consultations sought on the Mainland, but many patients have travelled between the Mainland and Hong Kong seeking medical consultations in recent years, whether the Government will allow patients suffering from pneumoconiosis or mesothelioma to make claims to the Pneumoconiosis Compensation Fund Board for reimbursement of medical expenses on medical consultations sought for such diseases on the Mainland?
 
Reply:
 
President,
 
     The Pneumoconiosis and Mesothelioma (Compensation) Ordinance (PMCO) provides compensation for persons who are determined by the Pneumoconiosis Medical Board (PMB) as suffering from pneumoconiosis and/or mesothelioma, resulting in incapacity or death and their family members. The compensation includes compensation for incapacity; compensation for pain, suffering and loss of amenities; medical expenses; and compensation for care and attention.
 
     In consultation with the Department of Health, my reply to the Member’s question is as follows:
 
(1) The number of pneumoconiosis and/or mesothelioma persons receiving compensation for care and attention, and the amount of such compensation paid according to PMCO in the past five years are provided below:
 

Year	Number of persons	Amount of compensation
2019	12	$672,750
2020	16	$1,050,148
2021	17	$984,907
2022	17	$867,823
2023	15	$830,100*

*The figure is subject to final auditing.
 
(2) In accordance with PMCO, pneumoconiosis and/or mesothelioma persons may request PMB to conduct medical examinations on them to determine the degree of incapacity and eligibility for compensation for care and attention, etc. Pursuant to PMCO, these persons may also request further medical examinations by PMB to determine whether the results of the last examinations have changed. PMB is an independent statutory board established under PMCO, with members comprising an Occupational Health Consultant or a Senior Occupational Health Officer or an Occupational Health Officer and two registered medical practitioners appointed by the Director of Health.  Based on the results of medical examinations of pneumoconiosis and/or mesothelioma persons, including the results of suitable tests and clinical examinations as well as other relevant information, PMB will, according to its professional medical judgement, determine whether these persons have met the eligibility criteria stipulated under PMCO for payment of compensation for care and attention. Besides, when the medical conditions of pneumoconiosis and/or mesothelioma persons are stable, non-emergency ambulance transfer service could be arranged, if necessary, for such persons to travel to and from specified places to undergo medical examinations.
 
     Following the established mechanism, the Government adjusts the levels of compensation (including compensation for care and attention) once every two years. The Government has commenced a new round of review, and plans to consult the Labour Advisory Board on the results and recommendations of the review in the fourth quarter of this year and then report to the Legislative Council Panel on Manpower.
 
(3) PMCO provides that pneumoconiosis and/or mesothelioma persons are entitled to the medical expenses in respect of medical treatment as is reasonably necessary in connection with the diseases concerned, subject to the maximum daily rates. According to the established mechanism, the maximum rates are linked to public healthcare service fees and charges. Based on the prevailing public healthcare service fees and charges, the maximum daily rate reimbursable under PMCO for in-patient or out-patient treatment is $300, while that for in-patient and out-patient treatment received on the same day is $370. Under the existing mechanism, the maximum daily rates of medical expenses prescribed by PMCO should be able to cover the necessary expenses on consultation, treatment, medicines, hospitalisation, etc. in public hospitals or clinics incurred by pneumoconiosis and/or mesothelioma persons.
 
(4) According to PMCO, if pneumoconiosis and/or mesothelioma persons receive medical treatment outside Hong Kong, and such medical treatment is given lawfully in accordance with the laws of that place and Hong Kong by a medical practitioner or Chinese medicine practitioner registered in Hong Kong, the medical expenses on medical treatment in relation to the above diseases are payable to the pneumoconiosis and/or mesothelioma persons.
 
     The Government will review the levels of compensation and coverage of protection under PMCO in a timely manner to ensure that PMCO suits the needs and circumstances of pneumoconiosis and/or mesothelioma persons. read more

     Report No. 82 of the Director of Audit on the results of value for money audits was tabled in the Legislative Council this morning (April 24).

     Value for money audit is an examination into the economy, efficiency and effectiveness with which any bureau of the Government Secretariat, department, agency or other public body has discharged its functions. Report No. 82 of the Director of Audit covers a variety of subjects on the administration of government programmes and provision of public services.

     Report No. 82 comprises the following eight chapters:  

Chapter     Subject
1              Customs and Excise Department’s efforts in facilitating trade and promoting economic development
2              Emergency dental services and elderly dental care support
3              Gifted education
4              Hongkong Post: Development of business
5              Provision and monitoring of Rehabus services
6              Support measures for agricultural industry by the Agriculture, Fisheries and Conservation Department
7              Upgrading and operation of San Wai Sewage Treatment Works
8              Work of Countryside Conservation Office

     Report No. 82 of the Director of Audit on the results of value for money audits is available on the Audit Commission’s website at www.aud.gov.hk. read more

     A property owner was convicted and fined over $1,450,000 in total at the Tuen Mun Magistrates’ Courts last week for failing to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123).

     The case involved several dozen unauthorised structures with a total area of about 12 000 square metres on a lot in D.D. 107, Yuen Long. As the unauthorised building works (UBWs) were carried out without the prior approval and consent from the Buildings Department (BD), three removal orders were served on the owner under section 24(1) of the BO.

     Failing to comply with the removal orders, the owner was prosecuted by the BD and was fined a total of $1,457,100 by the Court, of which $1,157,100 was the fine for the number of days that the offence continued, upon conviction at the Tuen Mun Magistrates’ Courts on April 19.

     A spokesman for the BD said today (April 24), “UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement actions against owners who have failed to comply with removal orders, including instigation of prosecution, so as to ensure building safety.”

     Failure to comply with a removal order without a reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year’s imprisonment, and a further fine of $20,000 for each day that the offence continues. read more

     Special traffic arrangements will be implemented in Happy Valley today (April 24). The arrangements will come into effect one and a half hours before the start of the first race and will last until the crowds have dispersed after the race meeting.

A. Traffic arrangements before the commencement of the first race

1. Road closure

     Southbound Wong Nai Chung Road between Queen’s Road East and the up-ramp outside the Hong Kong Jockey Club (HKJC) will be closed except for vehicles heading for Aberdeen Tunnel.

2. Traffic diversions

– Southbound Wong Nai Chung Road between Village Road and the up-ramp outside HKJC will be re-routed one way northbound;
– Traffic along eastbound Queen’s Road East heading for Wan Chai and Happy Valley will be diverted to turn left to Morrison Hill Road;
– Traffic along southbound Morrison Hill Road heading for Happy Valley will be diverted via Sports Road and Wong Nai Chung Road;
– Traffic along Queen’s Road East cannot turn right to Wong Nai Chung Road except for vehicles heading for Aberdeen Tunnel;
– Traffic from Cross Harbour Tunnel heading for Queen’s Road East will be diverted via the down-ramp leading from southbound Canal Road flyover to Morrison Hill Road to turn right at the junction of Wong Nai Chung Road and Queen’s Road East; and
– Traffic from Cross Harbour Tunnel heading for Happy Valley or Racecourse will be diverted via the down-ramp leading from southbound Canal Road flyover to Canal Road East, southbound Morrison Hill Road, Sports Road and Wong Nai Chung Road.

B. Traffic arrangements before the conclusion of race meeting

1. Road closure

     The following roads will be closed from about 35 minutes before the start of the last race:

– The up-ramp on Wong Nai Chung Road outside HKJC leading to Aberdeen Tunnel;
– Southbound Wong Nai Chung Road between Queen’s Road East and the up-ramp leading to Aberdeen Tunnel;
– Southbound Wong Nai Chung Road between Village Road and the Public Stands of HKJC;
– Westbound Leighton Road between Wong Nai Chung Road and Canal Road East; and
– Southbound Morrison Hill Road between Leighton Road and Queen’s Road East.

     In addition, southbound Wong Nai Chung Road between the up-ramp leading to Aberdeen Tunnel and the Public Stands of HKJC will be closed from about 10 minutes before the start of the last race.

2. Traffic diversions

     The following traffic diversions will be implemented from about 35 minutes before the start of the last race:

– Eastbound Queen’s Road East at its junction with Morrison Hill Road will be reduced to one-lane traffic heading for northbound Canal Road flyover;
– Traffic from Cross Harbour Tunnel heading for Wan Chai will be diverted via the down-ramp leading from southbound Canal Road flyover to Canal Road East, U-turn slip road beneath Canal Road flyover, Canal Road West and Hennessy Road;
– Traffic from Cross Harbour Tunnel heading for Happy Valley will be diverted via the down-ramp leading from southbound Canal Road flyover to Canal Road East, eastbound Leighton Road and Wong Nai Chung Road;
– Traffic along southbound Morrison Hill Road will be diverted to turn left to eastbound Leighton Road;
– Traffic along southbound Morrison Hill Road heading for Happy Valley will be diverted via eastbound Leighton Road and Wong Nai Chung Road; and
– Traffic along westbound Leighton Road will be diverted to Wong Nai Chung Road.

C. Learner drivers prohibition

     Learner drivers will be prohibited to turn left from Caroline Hill Road to Leighton Road between one and a half hours before the start of the first race and one hour after the last race. In addition, learner drivers will be prohibited from accessing the following roads within the above period of time:

– Shan Kwong Road between Yik Yam Street and Wong Nai Chung Road;
– Village Road between its upper and lower junctions with Shan Kwong Road;
– Percival Street between Hennessy Road and Leighton Road;
– Canal Road East; and
– The service road leading from Gloucester Road to Canal Road flyover.

D. Suspension of parking spaces

     Parking spaces on southbound Wong Nai Chung Road between Sports Road and Blue Pool Road will be suspended from 11am to 7pm during day racing, from 4.30pm to 11.59pm during evening racing, and from 5pm to 11.59pm during night racing.

     Any vehicles found illegally parked within the precincts of the above affected areas will be towed away without prior notice.

     Actual implementation of road closure and traffic diversion will be made by the Police at the time depending on traffic conditions in the areas. Motorists should exercise tolerance and patience, and follow the instructions of Police on site. read more

     The Hong Kong Special Administrative Region (HKSAR) Government today (April 23) strongly disapproves and rejects the unfounded and biased content related to Hong Kong contained in the United States (US) Department of State’s so-called 2023 Country Reports on Human Rights Practices.
      
     A HKSAR Government spokesperson said, “The HKSAR Government strongly disapproves and opposes the US’ repeated tactics through the so-called report in making slandering remarks against Hong Kong, where ‘one country, two systems’ is successfully implemented. The US is once again overriding the rule of law with politics and politicising human rights issues. Such attempt to undermine the prosperity and stability of Hong Kong and interfere in Hong Kong’s law-based governance is doomed to fail.”
      
     “Since Hong Kong’s return to the motherland, human rights of Hong Kong residents have been firmly protected by the Constitution and the Basic Law. The HKSAR Government resolutely, fully and faithfully implement the Hong Kong National Security Law, the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst maintaining the common law system, adhering to the principle of the rule of law and upholding the rights and freedoms of Hong Kong residents in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of ‘one country, two systems’. The HKSAR Government strongly demands the US to immediately stop acting against international law and the basic norms of international relations and interfering in China’s internal affairs and Hong Kong affairs.”
      
     On legislation safeguarding national security, the HKSAR Government spokesperson pointed out, “content regarding legislation safeguarding national security in the HKSAR contained in the US’ so-called report are completely absurd and untrue. Since the implementation of the Hong Kong National Security Law in June 2020, the US has ignored the large-scale and incessant riots that occurred in 2019 and devastated the society, livelihood and economy of Hong Kong. Instead, it piled up false stories and fabricated narratives through various so-called reports to maliciously slander legislation safeguarding national security in the HKSAR, and blatantly attack the HKSAR in safeguarding national security dutifully, faithfully and in accordance with the law. The US has also deliberately neglected the fact that such laws have enabled the livelihood and economic activities of the Hong Kong community, and as well the business environment, to return to normalcy. Its bullying act and hypocrisy with double standards are utterly ugly and despicable.”
      
     “The legal framework in safeguarding national security in the HKSAR, as well as the Safeguarding National Security Ordinance which was gazetted and took effect last month clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedoms of speech, of the press and of publication, and the freedoms of association, of assembly, of procession and of demonstration, enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR are to be protected in accordance with the law.

     “The offences endangering national security stipulated by the Hong Kong National Security Law target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The prosecution has the burden to prove beyond reasonable doubt that the defendant has the actus reus and mens rea of an offence before the defendant may be convicted by the court. The offences under the Hong Kong National Security Law do not have retrospective effect. This is in line with Article 12 of the Hong Kong Bill of Rights.
      
     “As a matter of fact, it is each and every sovereign state’s inherent right to enact laws safeguarding national security, and it is also an international practice. The US has at least 21 pieces of laws safeguarding national security. It is therefore in no position to point its finger at other countries and regions for legitimately legislating to safeguard national security.
      
     “As regards the sedition offence, the courts of the HKSAR have ruled in different cases that the provisions relating to sedition are consistent with the relevant provisions of the Basic Law and the Hong Kong Bill of Rights on the protection of human rights, and that a proportionate and reasonable balance has been struck between safeguarding national security and protection of the freedom of speech. The offence is not meant to silence expression of any opinion that is only genuine criticisms against the Government based on objective facts.
      
     As for enforcement actions, the HKSAR Government spokesperson reiterated, “The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation.”
      
     “Like law enforcement agencies around the world, the HKSAR’s law enforcement agencies released information of fugitive offenders who have allegedly committed serious offences and are wanted, and appealed for the public’s assistance in bringing fugitive offenders to justice. This is legitimate, necessary, and squarely in line with international practice. The US often abuses ‘long-arm jurisdiction’ and unilateral sanctions to target citizens of other countries. Its smears on the HKSAR’s enforcement actions taken in accordance with the law are simply untenable.
      
     “On the bail arrangement, the cardinal importance of safeguarding national security and preventing and suppressing acts endangering national security explains why the Hong Kong National Security Law introduces more stringent conditions to the grant of bail in relation to offences endangering national security. The content against the implementation of the arrangement mentioned in the US’ so-called report are nothing but unreasonable smears.
      
     On safeguarding the due administration of justice and the rule of law, the HKSAR Government spokesperson reiterated, “Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. The HKSAR’s judicial system has been highly regarded by the international community. The HKSAR Judiciary exercises judicial power independently in accordance with the law, free from any interference. Everyone charged with a criminal offence has the right to a fair hearing.”
      
     “As far as legal practitioners are concerned, the right to choice of lawyers is protected by the Basic Law, and it is well-established by case law that such a choice means a right to choose lawyers who are available and entitled to practise in Hong Kong, and not overseas lawyers who are not qualified to practise generally. Amendments to the Legal Practitioners Ordinance in 2023 does not affect the ad hoc admission of overseas lawyers in criminal and civil cases not involving national security. In fact, most jurisdictions do not have similar regimes of ad hoc admission. Relatively speaking, the current ad hoc admission regime in the HKSAR is very open. Any remark that our admission regime qualifies the right to choice of lawyers is not only hypocrisy, but also manifestly without a sound legal basis.
      
     As regards the HKSAR’s electoral system, the HKSAR Government spokesperson pointed out, “the improved electoral system of the HKSAR puts in place legal safeguards to ensure the full implementation of ‘patriots administering Hong Kong’. Keeping political power in the hands of patriots is a political rule commonly adopted around the world. No country or region in the world will ever allow political power to fall into the hands of forces or individuals who do not love, or even sell out or betray, their own country. In Hong Kong, regardless of one’s background, whoever meets the requirements and criteria of patriots can participate in elections in accordance with the law and serve the Hong Kong public by entering into the governance structure of the HKSAR after getting successfully elected.”
      
     The spokesperson added, ‘this term of Legislative Council has, by way of its rational and constructive interaction with the executive authorities, fully manifested the spirit of ‘patriots administering Hong Kong’, while a spectrum of different voices in the legislature steadfastly upheld the overall interests of Hong Kong, exemplifying quality democracy. Furthermore, the improved district governance system, including the reformed District Councils, enable patriots who have an affection for Hong Kong and are dedicated to serving their districts to participate in the work of the District Councils through a variety of channels, thereby reflecting public opinion more comprehensively and accurately.”
      
     The HKSAR Government spokesperson reiterated, “the HKSAR steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to this top priority of ‘one country, two systems’. With the strong support from the motherland, and as the city where the global advantage and the China advantage converge under ‘one country, two systems’, Hong Kong will continue to protect and promote human rights through security, development and co-operation, as well as to tell the international community good stories of the HKSAR’s human rights situation in a reasoned and robust manner.” read more