Tag Archives: China

     Seventeen landlords of subdivided units (SDUs) who contravened Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) (the Ordinance) pleaded guilty and were fined a total of $47,100 today (March 1) at the Eastern Magistrates’ Courts.  Since the Ordinance has come into force, a total of 142 SDU landlords have been convicted of contravening the Ordinance.
 
     The offences of these landlords include (1) failing to submit a Notice of Tenancy (Form AR2) to the Commissioner of Rating and Valuation within 60 days after the term of the regulated tenancy commenced; (2) failing to produce copies of the bills and provide an account in writing when requiring the tenants to pay for the reimbursement of the apportioned water and/or electricity charges; (3) requesting the tenant to pay money other than the types permitted under the Ordinance; and (4) failing to provide the tenant with a rent receipt. One of the landlords who contravened 14 offences under (1) above was fined $11,200.
 
     The Rating and Valuation Department (RVD) earlier discovered that the landlords failed to comply with the relevant requirements under the Ordinance. Upon an in-depth investigation and evidence collection, the RVD prosecuted against the landlords.

     A spokesman for the RVD appeals to SDU landlords that they must comply with the relevant requirements under the Ordinance, and also remind SDU tenants of their rights under the Ordinance. He also stresses that the RVD will continue to take resolute enforcement action against any contraventions of the Ordinance. Apart from following up on reported cases, the RVD has been adopting a multipronged approach to proactively identify, investigate and follow up on cases concerning landlords who are suspected of contravening the Ordinance. In particular, the RVD has been requiring landlords of regulated tenancies to provide information and reference documents of their tenancies for checking whether the landlords concerned have complied with the requirements of the Ordinance. If a landlord, without reasonable excuse, refuses to provide the relevant information or neglects the RVD’s request, the landlord commits an offence and is liable to a fine at level 3 ($10,000) and to imprisonment for three months. Depending on the actual circumstances and having regard to the information and evidence collected, the RVD will take appropriate actions on individual cases, including instigating prosecutions against suspected contraventions of the Ordinance.
 
     To help curb illegal acts as soon as possible, members of the public should report to the RVD promptly any suspected cases of contravening the relevant requirements. Reporting can be made through the telephone hotline (2150 8303), by email (enquiries@rvd.gov.hk), by fax (2116 4920), by post (15/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon), or in person (visiting the Tenancy Services Section office of the RVD at Room 3816-22, 38/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong, and please call 2150 8303 to make an appointment). Furthermore, the RVD has provided a form (Form AR4) (www.rvd.gov.hk/doc/en/forms/ar4.pdf) on its website to facilitate SDU tenants’ reporting to the RVD.
 
     The RVD reminds that pursuant to the Ordinance, a regulated cycle of regulated tenancies is to comprise two consecutive regulated tenancies (i.e. the first-term tenancy and second-term tenancy) for an SDU, and the term of each regulated tenancy is two years. A tenant of a first-term tenancy for an SDU is entitled to be granted a second-term tenancy of the regulated cycle, thus enjoying a total of four years of security of tenure. Since the first batch of regulated tenancies has already approached their second-term tenancies, the RVD has started a new round of publicity and education work in order to assist SDU landlords and tenants to understand the important matters pertaining to the second-term tenancy, and procedures that need to be followed about two months prior to the commencement of the purported second-term tenancy. In addition, the RVD has started issuing letters enclosing relevant information to the concerned landlords and tenants of regulated tenancies by batches, according to the expiry time of their first-term tenancies, to remind them about their respective obligations and rights under the Ordinance. These landlords and tenants may also visit the dedicated page for the second-term tenancy on the RVD’s website (www.rvd.gov.hk/en/tenancy_matters/second_term_tenancy.html) for the relevant information, including a concise guide, brochures, tutorial videos and frequently asked questions, etc. SDU landlords and tenants are also advised to familiarise themselves with the relevant statutory requirements and maintain close communication regarding the second-term tenancy for handling the matters properly and in a timely manner according to the Ordinance.
 
     For enquiries related to regulated tenancies, please call the telephone hotline (2150 8303) or visit the RVD’s webpage (www.rvd.gov.hk/en/our_services/part_iva.html) for the relevant information.  read more

     In view of the cold weather, the Home Affairs Department has opened 18 temporary cold shelters in various districts today (March 1) for people in need of the service. The temporary shelters will remain open when the Cold Weather Warning is in force.

     Clean mattresses and blankets/quilts, hot meals and hot water will be provided to shelter users free of charge during the opening of temporary shelters.

     To ensure that cold shelter users can rest in a quiet and undisturbed environment, members of the public or agencies wishing to make donations to shelter users are requested to register with the staff of the shelter first. Donors will then be directed to place the donated items at a specified indoor location. The staff will help notify the shelter users to collect the items on their own.

     Anyone seeking temporary refuge or with any questions about the donation arrangements at the cold shelters may call the department’s hotline 2572 8427 for more information.

     The 18 temporary cold shelters are located at:

Hong Kong Island:
——————–

Central and Western:
Sai Ying Pun Community Complex Community Hall
3/F, Sai Ying Pun Community Complex,
2 High Street, Sai Ying Pun

Eastern:
Causeway Bay Community Centre
3/F, 7 Fook Yum Road, Causeway Bay

Southern:
Lei Tung Community Hall
Lei Tung Estate, Ap Lei Chau

Wan Chai:
Wan Chai Activities Centre
LG/F, Wan Chai Market, 258 Queen’s Road East, Wan Chai

Kowloon:
——————

Kowloon City:
Hung Hom Community Hall
1/F, Kowloon City Government Offices,
42 Bailey Street, Hung Hom

Kwun Tong:
Lam Tin (West) Estate Community Centre
71 Kai Tin Road, Lam Tin

Sham Shui Po:
Nam Cheong District Community Centre
1 Cheong San Lane, Sham Shui Po

Wong Tai Sin:
Tsz Wan Shan (South) Estate Community Centre
45 Wan Wah Street, Tsz Wan Shan

Yau Tsim Mong:
Henry G Leong Yaumatei Community Centre
60 Public Square Street, Yau Ma Tei

New Territories:
—————-

Islands:
Tung Chung Community Hall 
G/F, Tung Chung Municipal Services Building, 39 Man Tung Road, Tung Chung

Kwai Tsing:
Tai Wo Hau Estate Community Centre
15 Tai Wo Hau Road, Kwai Chung

North:
Cheung Wah Community Hall
Cheung Wah Estate, Fanling

Sai Kung:
Hang Hau Community Hall
G/F, Sai Kung Tseung Kwan O Government Complex,
38 Pui Shing Road, Hang Hau, Tseung Kwan O

Sha Tin:
Lung Hang Estate Community Centre
Lung Hang Estate, Sha Tin

Tai Po:
Tai Po Community Centre
2 Heung Sze Wui Street, Tai Po
 
Tsuen Wan:
Lei Muk Shue Community Hall
G/F, Hong Shue House, Lei Muk Shue Estate, Tsuen Wan

Tuen Mun:
Butterfly Bay Community Centre
Butterfly Estate (near Tip Sum House), Tuen Mun

Yuen Long:
Long Ping Community Hall
Long Ping Estate, Yuen Long   read more

     The opening ceremony of the overhauled Lai Wan Market under the Food and Environmental Hygiene Department (FEHD) was held today (March 1), which marks the official reopening of the market.      … read more

     A Vietnamese illegal worker, holding a recognisance form, was jailed by the Shatin Magistrates’ Courts yesterday (February 29).

     During an anti-illegal worker operation conducted on November 29 in 2023, the Immigration Department (ImmD) investigators raided a restaurant in Tai Po. A Vietnamese male, aged 45, was arrested while working as an odd-job worker. Upon identity checking, he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking employment. Further investigation revealed that he was a non-refoulement claimant.

     The illegal worker was charged at the Shatin Magistrates’ Courts yesterday with taking employment while being a person in respect of whom a removal order or deportation order was in force. After trial, he was sentenced to 22 months and two weeks’ 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.

     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 and employ 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

     The Department of Justice (DoJ) today (March 1) announced the establishment of the Advisory Group of Guangdong-Hong Kong-Macao Greater Bay Area Lawyers, chaired by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, and held an exchange session on legal practice in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA). 

     Mr Cheung thanked the members of the Guangdong-Hong Kong-Macao Greater Bay Area Task Force of the DoJ (GBA Task Force), members of the Advisory Group, representatives of the Law Society of Hong Kong, the Hong Kong Bar Association, the Global Chinese-speaking Lawyers’ Association and the International Probono Legal Services Association, and other stakeholders for their participation in the exchange session.

     At the session, members of the Advisory Group actively shared their practical experience and views on business development in the GBA, and joined other participants in expressing views on the direction and content of the DoJ’s work plan on promoting the development of the rule of law in the GBA.

     Mr Cheung said: “Our country has always been supporting Hong Kong’s integration into the national development. This year marks the fifth anniversary of the promulgation of the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area. It is especially meaningful to establish the Advisory Group and hold the exchange session at this time, through which the Hong Kong legal sector can consolidate experiences and plan for future work with the DoJ.

     “The Advisory Group will advise on the further development of legal business and enhancement of collaboration in legal services in the GBA. Being set up under the GBA Task Force, the Advisory Group consists of 12 members, including GBA lawyers who have obtained the Lawyer’s License (GBA) and have been practicing in different areas of the GBA such as Shenzhen, Nansha and Hengqin; Hong Kong and Mainland lawyers with extensive experience in handling GBA or foreign-related matters; seasoned solicitors and barristers with over 10 years’ professional experience; as well as the relatively less experienced solicitors and barristers. The composition of the Advisory Group is broadly representative and will be of great help to the DoJ in promoting the development of the rule of law in the GBA.”

     Mr Cheung mentioned that GBA lawyers are talents with capabilities and competitive strengths. The three jurisdictions in the GBA each have their own characteristics and complementary advantages. With more exchanges, cross-fertilisation and integration of rules within the region, there will be more room to give full play to the unique strengths of GBA lawyers.

     He said that with the strong support from the Central Government, the duration of the pilot scheme of the GBA Legal Professional Examination (GBA Examination) has been approved to be extended to 2026, and the practice experience threshold for enrolment in the GBA Examination has been lowered from five years to three years. He hoped that the Advisory Group can foster professional exchanges and sharing of practical experience among GBA lawyers, thereby building up the “brand name” of GBA lawyers.

     Mr Cheung emphasised that the DoJ attaches great importance to contributing to the development of the rule of law in the GBA. In his introduction of the DoJ’s work in three major areas, namely facilitating the interface of the legal systems and rules, as well as the connection of talents, he mentioned that the characteristics of the GBA, namely “one country, two systems and three jurisdictions”, present both advantages and challenges. There is a need to establish in the GBA mechanisms to efficiently and conveniently co-ordinate and bridge the different legal systems and rules, and to promote the interflow and nurturing of talents, so as to provide a stable, fair, transparent and predictable rule of law environment for the development of the GBA, unleashing its tremendous development momentum.

     He said that as Hong Kong is the only common law jurisdiction within the country, the Hong Kong legal sector has great potential in the GBA. He encouraged the legal sector to join hands with the DoJ in contributing to the development of the GBA.