In response to a media report, Police today dismissed allegations that Commissioner of Police Tang Ping-keung turned a blind eye to unauthorised building works at a flat he rented.

 

The force expressed regret over the unfounded report and said that its content deviated from the facts.

      

Mr Tang rented a unit on Broadcast Drive in Kowloon Tong in 2016 and was notified by the Buildings Department in 2017 that there were unauthorised building works on the unit’s rooftop that must be removed.

 

He immediately informed the owner of the removal order and requested him to handle the matter. The owner has not complied with the order.

 

Mr Tang moved out of the unit in June 2019, Police added.

The violence and vandalism in recent months sparked a crisis of confidence of our rule of law. The so-called justice lawbreaking or civil disobedience is never justified under the law. I urge all of you not to engage in any illegal activities.

 

The Court of Final Appeal in its judgment (FACC8-10/2017) pointed out that: (1) unlawful assemblies involving violence, even a relatively low degree, will not be condoned and may justifiably attract sentences of immediate imprisonment in the future; and (2) little weight will be given to the mitigation that the offending act was committed in the exercise of constitutional rights or acts of civil disobedience because the fact of a conviction will necessarily mean the offender has crossed the line separating the lawful exercise of his constitutional rights from unlawful activity subject to sanctions and constraints.

 

There are suggestions that deliberate lawbreaking might be considered to achieve objectives, however, this would bring a wrong concept of the rule of law. The escalated violence and vandalism in the last few months have also undermined the perception of the rule of law among the public. My colleagues and I would promote and publicise the correct concept of the rule of law to the citizens through different channels. In analysing the current situation, I hope that we all could remain reasonable and objective by keeping an open mind, being informed and considering all relevant facts before coming to a conclusion.

 

Our rule of law has been highly regarded, and such an achievement was not easy to come by. We should all join hands to cherish and safeguard our rule of law. Abiding by the law is one of the many obligations that ought to be observed by the public. Law exists in practice but it should not only be practised by lawyers, judges and governments. More importantly, the rule of law should be observed and respected by the community as a whole. The Government would continue to be strongly committed to upholding the rule of law.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on December 22.

On this last Sunday of 2019, I wish every Hong Kong citizen a warm, peaceful and hopeful year 2020.

      

A New Year holds welcome promises of a fresh start and a new beginning. The New Year is also traditionally a time for planning, greeting, reminiscing as well as some soul and heart searching.

      

I believe that many of you would share my feeling that the year 2019 has been a year of unremitting shocks and turbulence to our community and our economy. Indeed, it has been a severely testing time for all in Hong Kong.

      

It all began with the introduction into the Legislative Council of the bill to amend the Fugitive Offenders Ordinance in April. Responding to strong public sentiment, the Government suspended all work on the bill in mid-June and declared its death in early July. On September 4, the Chief Executive announced the bill's withdrawal. This was done on October 23 when the Legislative Council resumed normal business.

Despite this, the public protests which began as largely peaceful and orderly marches in June soon got out of control. Unprecedented violence and reckless destruction became the norm. Radical protesters attacked police officers as well as police stations and facilities with petrol bombs, iron bars, bricks and chemicals. Some even used high-tension slingshots, bows and arrows. During the past six months or so, over 2,600 people were injured in the social unrest, including over 500 police officers.

            

Meanwhile, public infrastructure and transport including a cumulative total of 85 heavy rail stations and 62 light rail stations, as well as countless shops, restaurants and shopping malls had been repeatedly vandalised. More so, nearly 21,000 square metres of paving blocks from footpaths were ripped up and used as weapons to attack Police. Over 52,000 metres of roadside railing were removed and 740 sets of traffic lights destroyed.

      

Last month, masked protesters battered the Hung Hom Cross-Harbour Tunnel, shutting it down for two full weeks. This vital city artery normally carries 110,000 vehicles a day, accounting for some 43% of the daily cross-harbour vehicular flow. It took a total of 800 government staff and contractor's workers some 100 hours to carry out emergency repair round-the-clock before the tunnel could be reopened. At the same time, nearby Polytechnic University was overrun by radical protesters. The same happened to the Chinese University.

      

Apart from recklessly damaging our universities, violent protesters turned the two campuses into arsenals on a frightening scale. When the last of the protesters finally left the universities, Police seized altogether nearly 8,000 petrol bombs plus numerous explosives, hundreds of bottles of corrosive liquid and weapons of all sorts.

      

This level of premeditated and organised destruction and violence could hardly be tolerated in any country or economy that upholds the rule of law. Hong Kong, I am proud to say, is among those economies that believe passionately in the primacy of rule of law. It safeguards our economy, our community, our families and our way of life.

      

In fact, the rule of law is among Hong Kong's much cherished core values, alongside our fiercely independent judiciary, clean government, level playing field for business and enviable freedoms. These freedoms, as enshrined in the Basic Law and the Hong Kong Bill of Rights Ordinance, include freedom of speech, of the press and free flow of information; freedom of association and assembly; free trade and free port; free flow of capital; freely convertible currency; freedom of religious belief and free education. We have also been the freest economy in the world continuously for 25 years. The unique "one country, two systems" formula has been functioning well and we enjoy the best of both worlds.

      

Despite the recent social unrest which has affected our economy and labour market, Hong Kong's institutional strengths remain robust and intact. Our fundamentals stay sound and strong. We still enjoy a high rating in various areas by international think tanks and agencies. Allow me to say that whilst Hong Kong may not have the full semblance of Western democracy, we do enjoy for a very long time the full substance of real freedom which underpins Hong Kong's success.

      

Over the past six months, most of the requests for public meetings, processions and protests were given the greenlight by Police. During these public events, be it small or large, Police had dutifully facilitated and ensured the safety of protesters and other road users. When the requests were not approved, it was generally a decision made in the hopes of preventing violence, ensuring peace and public order, as our society has every right to expect of its police and its government.

      

On November 24, we witnessed a peaceful and orderly District Council Election with a record high turnout and voting rates. My colleagues and I are looking forward to working with all new District Council members. We also look forward to expanding our dialogue with the community. While we will continue to engage different sectors of society through our usual channels, the Government will broaden and rejuvenate our communication with the public. Less than two weeks ago and after the one by the Chief Executive in September, my Principal Official colleagues have started a dialogue with the public through Facebook live. You will certainly see more of us listening and responding to people's views and concerns on these and other communication channels in the coming year.

    

We are also establishing an Independent Review Committee comprising experts and community leaders. The committee will look into the causes and full circumstances of the social unrest and probe into Hong Kong's deep-seated social conflicts, from affordable housing, land supply, wealth gap, upward social mobility and opportunities for our young people to social justice. The committee will recommend ways to address the real and long-entrenched community concerns that underlie the discord.

 

Meanwhile, our economy is inevitably affected by the twin blows of social unrest and the trade dispute between the United States and the Mainland. Businesses and people of Hong Kong are yearning for the restoration of peace and order soonest possible, and the recovery of our economy.

      

In response, the Government has launched four rounds of relief measures since August. These added up to more than $25 billion. A number of the measures which will benefit grassroots families and small and medium enterprises will be implemented at the beginning of the New Year.

      

These relief measures would not solve our economic problems. Yet, they could help businesses and people of Hong Kong stay afloat while we strive to heal our divided community and battered economy.

      

There are deep-seated issues that we must acknowledge and resolve if we are to end the prolonged social unrest that has shaken the familiar Hong Kong which we all love and cherish. We must be patient and perseverant in helping our city to heal, one step at a time.

      

The past six months have been tough for us, but we will soldier on. Hong Kong is a remarkably resilient and resourceful international city with a strong can-do spirit. We have a New Year waiting for us. We have new and expanded channels of communication opened up for us. We expect the first report of the Independent Police Complaints Council to come out soon. And we have research and concrete recommendations of the Independent Review Committee ahead of us. Working together, I am confident that we can rebuild, reclaim and rejuvenate the remarkably resilient spirit of Hong Kong.

      

On this note, I wish all of you a New Year blessed with peace, harmony and goodwill.

 

Chief Secretary Matthew Cheung gave these remarks on RTHK's "Letter to Hong Kong" programme aired on December 29.

In recent times, criminal damage has been repeatedly inflicted on our court buildings through graffiti. Some went as far as making derogatory remarks against specific judges which may amount to contempt of court. It is bewildering as to what such acts could achieve except a futile attempt to undermine the very core value that we cherish and respect.

 

Judicial independence is the key building block to our society. These rampant acts and statements, and for that matter, any views expressed in society or media, would not in any way usurp the decision-making process in court proceedings, nor will they affect our judicial independence as our judges will continue to decide cases based only on evidence and law, setting out how they have arrived at such decisions in their judgments, which are available to the general public. They have taken a judicial oath to administer justice without fear or favour and it is their duty to so do.

 

Judges in Hong Kong are appointed upon the recommendation by a statutory committee comprising nine members including the Chief Justice of the Court of Final Appeal, the Secretary for Justice, two judges from the Judiciary, one barrister and one solicitor, as well as three eminent and respected members of the society not connected with the practice of law. Our judges would not be subjected to any political vetting. The only criteria upon which they are considered before appointment is the judicial and professional quality that contributes to our renowned judicial independence.

 

Judges enjoy security of tenure and immunity. Upon the appointment, district court judges and above are precluded from returning to practice in Hong Kong as a barrister or a solicitor. This “non-revolving door” system has worked well in preventing perceived potential conflicts of interest and enhances the independence of our judiciary.

 

Our judges manifest the highest professional and judicial quality as well as impartiality through the reasoned judgments that they deliver. Hong Kong cases are often cited in overseas jurisprudence evidencing the confidence and respect of the global legal community in Hong Kong’s judicial and legal systems.

 

The institutional framework described above, the guarantee of judicial independence explicitly set out in the Basic Law and the quality of our judgments contribute to the much respected judiciary and rule of law in Hong Kong. To top it all is that eminent and highly respected judges from apex court of other common law jurisdictions sit on our Court of Final Appeal as non-permanent judges. They sit on all types of cases, from commercial, criminal to constitutional and have witnessed Hong Kong’s system in administering justice.

 

One of our non-permanent judges of the Court of Final Appeal, the Right Honourable the Lord Neuberger of Abbotsbury (former President of the Supreme Court of England and Wales who presided over the Brexit case), pointed out in a seminar in 2017 that his own direct experience as a non-permanent judge since 2010 proved that the Permanent Judges of the Court of Final Appeal are as institutionally independent and impartial. He also said that he has every reason to believe that this is equally true of the judges in the other courts of Hong Kong. He even said he would not be sitting in the Court of Final Appeal if he had any serious concerns about judicial independence or judicial impartiality in Hong Kong.

 

More recently, the Right Honourable Beverley McLachlin, PC, another non-permanent judge of the Court of Final Appeal and also a retired chief justice of Canada, described in an interview that Hong Kong’s law is very rigorously applied, the judges are of high calibre, it is a very high level of judging, and the court is independent.

 

These remarks from eminent and respected judges from around the world speak volume about Hong Kong. One cannot help but be perplexed as to why some chose to try to undermine these core values baselessly and insidiously. It behoves each of us, in particular the legal sector including the two branches of the legal profession, to protect our judicial independence that underpins Hong Kong’s success and encourage others to join hands through our own sphere of influence. It is high time we bring back the Hong Kong we are familiar with.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on January 5.

We are less than two weeks into the new year and already, geo-political concerns, large and alarming, dominate the news. Still, I believe the year ahead will mark a milestone for Asia. Asian economies, in terms of purchasing power parity, will become larger than the rest of the world combined for the first time since the 19th century. That represents a quantum leap from about one-third just two decades ago. Asia this year will also be home to half of the middle class of the world. That heralds enormous business opportunities for the world at large. Indeed, Asia, powered by Mainland China, has for some time been a global growth engine.

 

Hong Kong, with its strategic regional location, and its extensive, ever-deepening cultural and financial links with the Mainland, is China's international financial centre, contributing to the sustainable progress of the country, the region and the world.

 

In pursuing sustainable development, quality as well as quantity counts. Today's economies are exploring growth through innovation and technology, while seeking inclusiveness. They are, to be sure, hard-won goals given the unprecedented challenges we've faced over the past two years: the global economic slowdown, trade disputes among major economies, geopolitical uncertainties and local issues. But if we cannot direct the wind, we can surely adjust our sails, which has been what we are doing here in Hong Kong. Thanks to lessons learned and measures implemented, particularly since the Asian financial crisis, Hong Kong's financial system remains stable and remarkably successful.

 

Globally competitive

Our core competitiveness, and our status as one of the world's premier financial centres, continues to be internationally recognised. Last September, we again ranked third in the world in the Global Financial Centres Index, just behind New York and London. That's a compelling statement of confidence in our freely convertible currency, our world-class banking system and stock market and the professionals who power our financial sector. It's a telling reflection of our strategic geographic location and sophisticated connections to global financial markets. It's recognition, too, of the free flow of capital within, into and out of Hong Kong, as enshrined in Article 112 of the Basic Law. More than capital flows, information and people also move effortlessly in and out of Hong Kong.

 

People around the world are confident in our regimes. They take reassurance in our trusted and bilingual common law system, our sound financial regulatory framework, low taxes and deep connections with the Mainland and the rest of the world. It helps, too, that Hong Kong again topped the world in 2019 in funds raised through initial public offerings, taking in about US$40 billion in 2019. That marked the seventh time in the past 11 years in which Hong Kong has led the world in IPOs.

 

Hong Kong is also the first international financial centre to have laid down a clearly-defined and comprehensive regulatory regime for listed companies with weighted voting rights structures and additional corporate governance and disclosure requirements. It's clearly working. Hong Kong is now the second-largest fundraising venue in the world for biotech companies. And, of course, the Alibaba Group Holding's secondary listing on our stock market in late November was one of the world's biggest stock offerings of 2019. The decision by the e-commerce giant - one of the Mainland's largest e-commerce companies and Asia's most valuable listed companies - may well encourage other Mainland enterprises listed elsewhere, to expand their investor links into the Asian region, with Hong Kong as their base.

 

Then there's the Guangdong-Hong Kong-Macao Greater Bay Area development. With a population of 71 million and a combined GDP of US$1.6 trillion, the Greater Bay Area and its huge market potential present boundless promise for Hong Kong, particularly our financial services sector.

 

Innovation will drive development in the bay area. Measures will be rolled out to expand the flow of capital and people, opening up new markets and business opportunities thanks to enhanced connectivity. Among others, with the support of the Central Government, especially a Leading Group on the Greater Bay Area development chaired by the Vice Premier Han Zheng, a two-way wealth management connect scheme is being drawn up to meet the cross-boundary, wealth-management needs of residents in Hong Kong and the rest of the bay area.

 

Coupled with the Belt & Road Initiative, the bay area development will ensure long-term prospects for Hong Kong's economy. Through these two national policies, Hong Kong will enhance its role as the business bridge between the Mainland and the rest of the world. I'm talking here of our status as a leading fundraising centre, the world's largest offshore renminbi business hub and a premier asset and wealth management hub.

 

We are no less committed to Hong Kong's development as a green finance centre. In May 2019, we issued our inaugural green bond under the Government Green Bond Programme. And, with the introduction of a Green Bond Grant Scheme, which subsidises green bond issuers in obtaining certification under the Green Finance Certification Scheme, green bonds issued and arranged in Hong Kong in 2018 reached US$11 billion. A good start, I'd say, in creating financial programmes that also pay off in environmental benefits for our sustainable development.

 

We are hard at work as well on enabling development of our capital markets. Our open-ended fund company regime has been in operation since end-July 2018. And since last April, onshore and offshore privately offered funds can enjoy profits tax exemption under our tax law.

 

We're also building on our mutual recognition of funds arrangement. It now covers six economies: the Mainland, Switzerland, France, the United Kingdom, Luxembourg and the Netherlands. Such connections will strengthen our role as the world's premier offshore renminbi hub and wealth management centre.

 

Our connectivity with the Mainland is also enhanced through such financial schemes as Hong Kong-Shanghai Stock Connect, Hong Kong-Shenzhen Stock Connect and Bond Connect. Since its inception, in late 2014, stock connect has realised cumulative net transactions of about US$150 billion in the Mainland and over US$130 billion in Hong Kong.

 

We continue to diversify our fund structures. Among other things, we are working on a new regime of limited partnership for the registration of private equity funds. We are also enhancing Hong Kong's status as an international insurance and risk-management hub. And, to broaden the range of risk-management offerings in Hong Kong, we plan to enable the issuance of insurance-linked securities, including catastrophe bonds. Moreover, we will expand the scope of insurable risks by captive insurers in Hong Kong to meet the risk-management needs of multinationals.

 

To exemplify our commitment to technology, last year, we issued eight virtual banking licences, as well as two virtual insurer licences. These can spur financial innovation, while boosting customer experience and building financial inclusion. And our Faster Payment System, launched in 2018 to enable instant payment, now handles about 168,000 transactions, totalling more than US$307 million, a day.

 

Bridging East and West

We've been busy making the most of Hong Kong's manifold advantages. In creating connections between businesses, investors and financial markets, East and West, we help you excel. That is also the great strength of the Asian Financial Forum (AFF), bringing East and West together for two intensive days of the latest information and intelligence, deliberation and debate, networking opportunities and business promise.

 

This year's AFF is, as always, packed with panel discussions and workshops on financial policy, asset and wealth management, insurance, sustainable finance and deal-making sessions. As fintech continues to shake up the financial world, the AFF continues to expand its focus on fintech. This year, we launch the FintechHK Startup Salon, showcasing promising business ideas from fintech startups. It builds on the success of last year's Fintech Showcase, which returns with more than 60 fintech startups. And there's even more on offer this year in areas, ranging from global trade finance to environmental, social and governance, profit with purpose and succession planning for family corporations.

 

It gives me great pleasure, as well, to tell you that your keynote luncheon speakers today and tomorrow, respectively, are Dr Janet Yellen, formerly the Chair of the US Federal Reserve System's Board of Governors, and Prof Abhijit Banerjee, the 2019 Economics Nobel laureate. I am honoured that they come to Hong Kong and offer us their insight and their inspiration.

 

The forum is part of International Financial Week in Hong Kong, which brings together some 16 events covering everything from private equity and fund-raising to alternative investment and advertising strategies for financial concerns. A trip to Shenzhen is also featured this year, with visits to leading financial services and technology companies. Shenzhen, of course, is our close partner in the bay area and a global pacesetter in technology.

 

The Asian Financial Forum symbolises Hong Kong's wide-ranging strengths and resilience as an economy and a community. These strengths and resilience, just like our financial systems, have not been undermined despite that we have experienced considerable social unrest and challenges in recent months. Through the concerted efforts of the Government, and the people of Hong Kong, I am confident that we will bridge our divide, that we will realise the common goal of a reunited community and a flourishing economy.

 

Chief Executive Carrie Lam gave these remarks at the 13th Asian Financial Forum on January 13.

The challenges, for Hong Kong, are as much local as they are global. I know many of you are concerned about the recent social unrest here in Hong Kong, about whether it is affecting our financial market and whether there has been outflow of funds.

  

First of all, there's the obvious: Hong Kong is undergoing a time of unprecedented turbulence. Dissension has gripped our community for months now. That said, we are working to address and respond to those concerns, determined to find a path to peace, harmony and renewed prosperity in 2020.

 

We have been making progress. But there is still much to be done before we can put this testing time behind us.

 

Competitive advantages

What I can tell is that the advantages Hong Kong has long been recognised for are still very much with us, and they are not going anywhere anytime soon.

 

They begin with our enviable location, at the heart of Asia. Which means that Hong Kong is fully plugged into the round-the-clock global financial trading cycle. We provide certain and seamless connectivity with the financial hubs of Europe and North America, as well as those in the Middle East and across Asia.

 

Hong Kong is blessed with the dual advantages of "one country, two systems". The rule of law, an independent judiciary and an unshakable adherence to free enterprise are among Hong Kong's core values.

 

We offer businesses from the Mainland and all over the world - more than 9,000 at last count - a level-playing field, a competitive market, whatever their businesses, whatever their investments. Our linked exchange rate system remains solid, our currency fully convertible and capital flowing in and out freely, as enshrined in Article 112 of the Basic Law. Our capital markets are deep and liquid.

 

Despite our external and domestic challenges, Hong Kong's financial market remains stable. Our banking system continues to run smoothly and with ample liquidity.

 

The figures speak for themselves. In 2019, Hong Kong again topped the world in funds raised through IPOs - some US$40 billion worth. This is the seventh time we have come first in the past 11 years.

 

Our stock market's capitalisation is about US$4.9 trillion. That's more than 13 times Hong Kong's GDP.

 

As at end November 2019, bank deposits in both Hong Kong dollars and foreign currencies continued to increase over the same period last year, totalling US$1.8 trillion.

 

Our exchange rate remains stable. These and other measures reflect the integrity of Hong Kong's financial and legal system, the confidence it conveys, even as we face formidable external and domestic shocks.

 

In September last year, the Global Financial Centres Index once again ranked Hong Kong among the world's top three financial centres, behind only New York and bearing in on London.

 

Last October, the World Economic Forum's Global Competitiveness Report ranked our financial system top in the world, while the World Bank rated Hong Kong the third-easiest place to do business.

 

Hong Kong is still very much the largest offshore renminbi business hub in the world.

 

We are, as well, the premier asset and wealth management centre. Apart from exempting onshore and offshore funds from profits tax, we are considering introducing a more competitive tax arrangement to attract private equity funds to domicile in Hong Kong.  

 

The insurance industry is equally important. We have, after all, the highest concentration of insurers in Asia - more than 160 at the end of September. And we will enable the issuance of insurance-linked securities, expanding the insurable risks of captive insurers in Hong Kong.

 

On the taxes front, we already have the world's most business-friendly tax system, according to Paying Taxes 2020, a report produced by Pricewaterhouse Coopers and the World Bank. Still, we plan to provide tax relief to promote the development of marine insurance and the underwriting of specialty risks in Hong Kong.

 

Green finance is our policy priority going forward. Green bonds issued and arranged in Hong Kong increased over 200% to US$11 billion in 2018 as compared to the previous year.

 

That was followed by our inaugural government green bond issuance of US$1 billion last May. And we plan to issue more, and encourage more entities to arrange financing for their green projects right here in Hong Kong.

 

Fintech is another area where we strive to excel.

 

Looking at the big picture, the International Monetary Fund (IMF)'s latest projection of global economic growth this year has been adjusted downward to 3.4%. Growth in Asia, however, will continue to outperform the rest of the world.

 

The IMF forecasts the Mainland economy to grow by 5.8% in 2020, down slightly but still far and away leading most other jurisdictions.

 

Robust financial system

As for Hong Kong, the IMF Staff Report last month commended the resilience of our financial system and linked exchange rate, despite its slowing economy. The IMF's Hong Kong report noted, and I quote, that "robust policy frameworks and ample buffers will help the economy weather the challenges ahead".

 

The IMF also expressed approval for the Government's wide-ranging policies to support the economy and safeguard financial stability.

 

While we welcome the IMF's confidence in Hong Kong, I am prepared to roll out further relief measures as necessary.

 

We will also step up efforts to capitalise on emerging opportunities - not only from green finance and fintech but from the development of the Guangdong-Hong Kong-Macao Greater Bay Area and the Belt & Road Initiative, which demonstrates Hong Kong's uniqueness and irreplaceable position in the Mainland's national and economic development strategy.

 

Hong Kong is, and will remain, the business bridge between the Mainland and the rest of the world. Count on Hong Kong, as always, to be your partner, to help you build your business in the Mainland, throughout the Asian region and around the world. Count on Hong Kong to connect you with abundant capital and continuing opportunities.

 

Financial Secretary Paul Chan gave these remarks at the 13th Asian Financial Forum keynote luncheon on January 13.

To counter our adverse economic conditions, I have unveiled four sets of relief measures since last August. Totalling some $25 billion, the funds are focused on supporting businesses and lightening the burden weighing on the people of Hong Kong.

 

Meanwhile, we will continue to reach out to the community. Through wide-ranging dialogue communication and the pursuit of policies that address the deep-seated issues at the heart of our divide, I am hopeful that together we will find a path to peace and prosperity.

 

From an economic perspective, there is reason for optimism. I am heartened by the confidence private equity investors have shown in us. In the third quarter of 2019, some 560 private equity companies here managed US$153 billion.

 

We have nearly 50 more private equity (PE) firms based here when compared with the previous quarter. Among the world's top 10 PE fund managers, nine have a presence here in Hong Kong. That, ladies and gentlemen, underlines Hong Kong's formidable strengths in the Asian PE market. In that we trail only Mainland.

 

By channelling capital into corporations and startups in the innovation and technology field, PE and VC (venture capital) funds may well become as important as banks and IPO markets one day.

 

This Government is determined to help unlock the vast potential of the asset and wealth management business, because we believe you are critical to ensuring Hong Kong's status as one of the world's leading financial centres.

 

Fund-service centre 

That is why we have been stepping up efforts to sharpen Hong Kong's competitive edge on asset and wealth management through a multi-pronged approach including: (a) diversifying our fund structures and streamlining the licensing process to encourage fund formation; (b) adopting a more user-friendly approach to attract family offices; (c) providing a more facilitative tax environment for funds; and (d) expanding our fund distribution network through deepening our mutual access arrangements with other major financial markets.

 

On fund structure, the long-awaited, limited-partnership fund regime is close to reality, thanks in part to your favourable feedback. Indeed, we are now developing the necessary legislation. Because of the current filibustering at the Legislative Council, the tabling of the legislation got a little delayed, but it remains our top policy priority for the rest of this year to put this forward.

 

We are confident that the new regime will attract PE and VC funds, and we count on your support for that. With the new regime in place, we aim to bring in as many offshore funds as possible onshore to Hong Kong. We are well positioned to capture the opportunity arising from what happened on the international front over tax base erosion. This is mutually beneficial to Hong Kong as a fund hub and also the PE industry at large as you search for a new home for the funds you manage.

 

PE and VC funds, whether onshore or offshore, have enjoyed a profits tax exemption since last April. A tax-exempt fund can invest in local and overseas private companies. Hong Kong, by now, has a tax regime at fund level that is competitive and caters to the needs of the PE industry. I fully understand that resolving the tax issues at fund level is not enough in itself. It is of even greater importance to tackle head-on the tax arrangement for investment managers. This is a hard nut to crack, but one that I am determined to look into and come up with solutions that will strengthen Hong Kong's position as a leading fund hub with one of the most competitive tax arrangements for investment managers in the PE industry.

 

The significance of the limited partnership fund regime in completing Hong Kong's fund manufacturing infrastructure is underpinned by its precursor - the open-ended fund company regime. Since its operation in July 2018, a number of open-ended fund companies have sprouted. The SFC (Securities & Futures Commission) is also looking into how to make the regime more business-friendly to facilitate the take-up.

 

In short, the Government and our regulators are committed to developing Hong Kong into a full-fledged fund-service centre.

 

We are equally intent on expanding our fund-distribution network. We continue to expand our Mutual Recognition of Funds arrangements. Last year, Luxembourg and the Netherlands joined existing partners, the Mainland, Switzerland, France and the United Kingdom. More international partnerships will follow.

 

Family offices
Hong Kong is also an ideal location for the establishment of family offices, and we are boosting our promotional efforts in this regard.

 

The Hong Kong Monetary Authority and InvestHK will provide comprehensive services to attract family offices to Hong Kong. The SFC has also recently issued licensing guidance for PE firms and family offices. This will enhance clarity and would help address the industry's concerns.

 

Without a steady flow of talented professionals, of course, we will not be able to cash in on all the opportunities there for us. That is why the Government's Pilot Programme to Enhance Talent Training for the Asset & Wealth Management Sector has been supporting the industry since 2016.

 

I encourage you to offer exposure, opportunity and jobs for our youth. To give them a stake in the society through the programme.

 

Business bridge 

Zooming out a bit, the Government will continue to boost Hong Kong's singular advantage as the business and financial bridge between international markets and investors and their counterparts on the Mainland.

 

To that end, we continue to emphasise the established channels - our Stock Connects, Bond Connect and the Mutual Recognition of Funds arrangements. We will also strengthen our position as the global offshore Renminbi business hub.

 

Then there is the Guangdong-Hong Kong-Macao Greater Bay Area Development, and the extraordinary opportunity that it presents to Hong Kong.

 

With a GDP in excess of US$1.6 trillion and more than 70 million prosperous consumers, the Greater Bay Area presents vast potential for the asset and wealth management sector. For each and every one of you. The establishment of a Greater Bay Area wealth-management connect scheme, which was, as you know, recently announced, will go a long way towards realising that promise.

 

Our regulators are working out the details with their counterparts on the Mainland, and we will keep you posted and we are determined to push that forward as soon as possible. 

 

Financial Secretary Paul Chan gave these remarks at the Asia Private Equity Forum 2020 on January 15.

After the outbreak of the novel coronavirus, the Government has announced a series of prevention and control measures to reduce the risk of spread of the disease in the community. Compulsory quarantine, on the basis of a public health emergency (under Cap. 599 Prevention & Control of Disease Ordinance), is one of the measures in place. From February 8 onwards, all people entering Hong Kong from the Mainland, including Hong Kong residents, Mainland residents as well as other visitors, are required to be subject to mandatory quarantine for 14 days upon their arrival. Even if they are entering from other places, if they have visited the Mainland over the past 14 days, mandatory quarantine is still applicable upon their arrival. Anyone who violates the regulation may face a maximum penalty of imprisonment for six months and a fine of $25,000 upon conviction. We hope that the new measures could further reduce the flow of people between Hong Kong and the Mainland, reducing the risks for a spread of the disease in Hong Kong.

 

The Department of Health would gather evidence and conduct investigations into any contravention of quarantine orders before referring the cases to the Department of Justice for making prosecutorial decisions. Our prosecutors would make such decisions based on available evidence, applicable laws and the Prosecution Code. A prosecution would be commenced if there is sufficient admissible evidence for a reasonable prospect of conviction.

 

Minimising social contact in the community is another key measure to curb the spread of the virus. Hence, we only arranged for a certain number of colleagues, including government counsel, paralegals and supporting staff, to return to the office to handle urgent matters and provide basic public services. The reception counters of the Prosecutions Division and the Civil Division have remained open over the past few weeks to allow members of the public and the legal profession to serve court documents. The shroff office is also partly open for payment service. Details of the service hours are available from our press release.

 

There are colleagues from different divisions returning to the office to handle emergency works including attending urgent court hearings, processing court documents and attending urgent meetings. We have arranged for sufficient manpower to provide cleansing services at the office to safeguard the health of colleagues. For others, who are given laptops and electronic communication devices, are advised to work at home. I am heartened to learn that the Department of Justice is largely functioning well.

 

The Judiciary announced that court hearings would be generally adjourned in view of public health considerations but the courts would continue to handle urgent and essential hearings. Colleagues from the Department of Justice have been deployed to attend such hearings to deal with cases including bail applications and sentencing.

 

I am grateful to all my colleagues for remaining steadfast at their posts at this difficult time. I also urge those who are required to stay at home or other dwelling places for a 14-day quarantine to abide by the law and strictly comply with the quarantine orders. Violation of orders causes a spread of the disease and leads to criminal prosecution. Last but not the least, I appeal to all members of the public to join hands with the Government to do their best to prevent and curb the spread of COVID-19 by maintaining good personal hygiene, thereby ending the epidemic as soon as possible.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on February 17.

The Financial Secretary just delivered the latest Budget on Wednesday. The Department of Justice would foster the policy initiatives relating to "Diversified Economy" and continue our ongoing works. The Inclusive Dispute Avoidance & Resolution Office (IDAR Office, email: idar@doj.gov.hk), which was set up in January last year, is to better co-ordinate and implement initiatives in the areas of dispute avoidance and resolution, thereby further consolidating our position as an international legal and dispute resolution services centre in the Asia-Pacific region.

 

The Department of Justice has always been actively striving for the presence of international dispute resolution bodies in Hong Kong in order to meet the upsurge in demand for legal and dispute resolution services arising from the Belt & Road Initiative and the Greater Bay Area Plan. Their presence in Hong Kong would also enhance our status as a leading centre for international legal and dispute resolution services. With the support of the Central People's Government, we are now exploring the possibility for the Asian-African Legal Consultative Organization (AALCO) to establish a regional centre for international commercial arbitration in Hong Kong.

 

Last year, the inter-sessional meetings of the Judgments Project of the Hague Conference on Private International Law were successfully concluded in Hong Kong. This invaluable experience has reinforced our determination in looking for decision-making meetings of international and intergovernmental organisations to be held in Hong Kong, including hosting the 59th Annual Session of AALCO and an intersessional meeting of UNCITRAL's Working Group III this year. High ranking government officials and legal experts from member states would take part in these meetings to discuss matters such as maritime law and cyber space law.

 

In addition, we are committed to strengthening Hong Kong's status as a regional capacity building centre which seeks to enhance legal infrastructure in the neighbouring regions and facilitate cross-border mobility and business activities. For instance, the Department of Justice organised the Investment Law & Investor-State Mediator Training Course for two consecutive years since 2018. World-renowned trainers were invited to share with the participants their experience in international investment law and investor-state mediation. We would be stepping up our efforts in organising capacity building courses in dispute resolution.

 

At the same time, the Department of Justice has reached an agreement with the Hague Academy of International Law, one of the world's leading academic institutes on international law, to support them in organising law courses in Hong Kong regularly in collaboration with the Asian Academy of International Law from this year. We anticipate this cooperation would provide Hong Kong and the neighbouring regions with high quality training for legal professionals, which helps further raise our international profile.

 

Looking ahead, colleagues in the Department of Justice would keep pursuing co-operation or partnership agreements with other jurisdictions and international organisations and host important events in Hong Kong, with a view to raising the international profile of Hong Kong in deal-making and dispute resolution through overseas capacity building and promotional activities.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on March 1.

Last month, I paid a visit to Yuen Long where I met a few families at Long Shin Estate. Apart from distributing face masks and anti-epidemic supplies to them, I was also given a better understanding of the impact brought by the epidemic on their daily lives. To show our concerted support in the fight against the disease, the Department of Justice (DoJ) Staff Club organised a volunteer activity on Sunday, which I joined with my fellow colleagues in offering our help to those in need.

 

To echo the Government's move to stay united, the DoJ Staff Club put forth a cash contribution campaign to buy anti-epidemic supplies for donation. The staff club volunteers acquired face masks and alcohol-based handrub in different ways - some were purchased through online shopping and some were bought at medicine stores. Last Sunday, I joined the volunteers in packing the anti-epidemic supplies, supermarket cash coupons and leaflets with health information. Our volunteers took the care packs in person to a non-governmental organisation a few days ago for passing to the elderly and low-income groups.

 

The staff club has been participating in volunteer services now and then. Given the overwhelming response this time, I am glad to know that more volunteer activities would be organised in the future. I would definitely be joining as many as I could. Through offering our efforts to help those in need, we hope to show our care for the less privileged in society and contribute to building a caring and inclusive community.

 

The public services of the DoJ, like all other government departments, have gradually resumed back to normal. I inspected the Justice Place on Monday to learn more about the infection control measures in place, such as the body temperature checking arrangement, provision of hand sanitisers and sanitising mats at building entrances.

 

We must remain vigilant as the epidemic is still severe, and more importantly, we also need to stand in solidarity in the fight against the disease.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on March 5.

It has been two months since the Hong Kong Special Administrative Region Government raised the COVID-19 response level to the highest level of “Emergency” on January 25. A month ago, I wrote an article titled “Continue Our Fight Determined to Win” to report on our anti-epidemic work in the first month. Today, I would like to review with you the developments of the epidemic and the Government’s responses over the past month, as well as make some urgent appeals.

 

Developments of the epidemic

 

In the period from mid-February to mid-March, the overall situation of the epidemic in Hong Kong was stable. There were almost no imported cases from the Mainland, and there were only single-digit new confirmed cases each day. If we exclude imported cases/cases with a travel history of Hong Kong residents and their close contacts, there were only sporadic local cases, and even zero local cases in 12 days. This shows that the whole community has a high awareness of disease prevention and has been vigilant in maintaining personal hygiene and social distancing, and the Government’s anti-epidemic measures have attained certain results.

 

However, as the disease is rapidly spreading overseas, the number of confirmed cases and the speed at which it increases are terrifying. The global number of confirmed cases reached 100,000 on March 6, exceeded 200,000 on March 18, and subsequently increased to 300,000 in just three days and to 400,000 today in another three days. Following the outbreak in Korea earlier, outbreaks occurred within a short time in places like Europe and the United States, with Italy and Spain becoming the most heavily hit regions.

 

 Cumulative number of confirmed cases in selected countries in Europe and America

 

 

Since there is a huge difference in the population of every country and region, considering the number of confirmed cases alone may not reflect the severity of the epidemic in different places. The incidence rate of infection per million population is therefore a common indicator:

 

Countries and regions

Cumulative no. of confirmed cases

Population (million)

Incidence rate (cases per million population)

Mainland China

81,218

1,435.0

56.6

Italy

69,176

60.5

1,144.1

United States of America

44,183

331.0

133.5

Spain

39,673

46.8

848.5

Germany

27,436

83.8

327.5

France

22,300

65.3

341.6

Korea

9,137

51.3

178.2

United Kingdom

8,077

67.9

119.0

Switzerland

8,015

8.7

926.1

Australia

1,709

5.5

309.7

Japan

1,193

126.5

9.4

Singapore

558

5.9

95.4

Hong Kong

387

7.5

51.6

Taiwan

216

23.8

9.1

Macau

30

0.65

46.2

(Figures as at March 24)

From the chart and table above, we can actually see that Hong Kong’s situation is better than quite a number of regions in Europe, America and Asia Pacific. During discussions and in literature regarding this disease, I always hear experts say that the Government should strive to flatten the curve. From the chart below, we can see that the curve for Hong Kong, before rising almost linearly in the recent ten days due to the large increase in imported cases, was quite flat. Yet, this relatively stable situation has changed since mid-March, which is worrying. 

 

Cumulative number of confirmed cases in Hong Kong

 

 

Due to the escalating epidemic and the gradual suspension of local universities and boarding schools in Europe and the United States, a large number of Hong Kong residents and students studying abroad returned to Hong Kong. This wave of return to Hong Kong led to a great increase in imported cases. In the past 14 days, close to 90% of confirmed cases (233 cases in total) either have been abroad or are close contacts of these confirmed cases. Just Hong Kong residents studying in the United Kingdom account for 28 confirmed cases.

 

The expert advisory panel of the Government’s Steering Committee & Command Centre pointed out that although the drastic increase in number of cases is worrying, Hong Kong can still contain the epidemic as long as we step up the containment strategy adopted previously and have the support of the general public.

 

Anti-epidemic efforts

 

The inter-departmental Steering Committee & Command Centre chaired by me has remained vigilant over the past month. During the time when the infection situation was rather stable, we still kept a close watch on the developments of the epidemic in the local community and in other places of the world. We also made use of the opportunity to make necessary preparations for future anti-epidemic work. These include enhancing community surveillance through free virus tests, providing more isolation and quarantine centres, increasing the production and procurement of surgical masks and other personal protective equipment, and implementing over 20 initiatives under the Anti-epidemic Fund to support the sectors and members of the public hard hit by the epidemic. In the first half of March when the epidemic became more serious, we acted promptly and implemented numerous measures to cope with the situation within a short period of time.

 

Major measures implemented by the Government to respond to the developments of the epidemic in the past month are set out in the following table.

 

Date

Event

February 28

Issuing the Red Outbound Travel Alert (OTA) on three regions in Italy, and issuing quarantine orders to people arriving in Hong Kong who have been to the above three regions or to Iran where the Red OTA remains in force in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 1.

February 28

The Hospital Authority (HA) extended the Enhanced Laboratory Surveillance Programme to cover patients below 18 years old and those with fever or respiratory symptoms subject to clinical assessment of physician in charge.

March 2

Government bureaus/departments gradually resumed more public services with the implementation of targeted measures to reduce social contact and infection control measures.

March 4

Hong Kong residents returning to Hong Kong from the Diamond Princess cruise ship in Japan  completed quarantine by batches. Nine of them were confirmed to be infected after returning to Hong Kong.

March 4-5

Sending four chartered flights to bring back a total of 469 Hong Kong residents stranded in Hubei Province to Hong Kong, and arranging them to stay in a quarantine centre.

March 8

Expanding the health declaration arrangements at the Hong Kong International Airport from inbound flights from the Mainland to all flights arriving in Hong Kong.

March 9

The Centre for Health Protection (CHP) extended the Enhanced Laboratory Surveillance Programme to cover all private clinics and hospitals.

March 10

Issuing the Red OTA on some regions in France, Germany, Japan and Spain as well as on the entire country of Italy, and issuing quarantine orders to people arriving in Hong Kong who have been to the above regions or countries in the past 14 days (regardless of whether they are Hong Kong residents)
starting from March 14.

March 13

Issuing the Red OTA on 26 European countries in the Schengen Area, and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 17.

March 13

Announcing adjustments to the health quarantine arrangements on inbound travellers from overseas to reserve more quarantine facilities for the close contacts of confirmed cases.

March 14

Following three confirmed cases in Heng Tai House, Fu Heng Estate in Tai Po, some residents had to be evacuated to quarantine centres. Four environmental samples tested positive later.

March 15

Issuing the Red OTA on Ireland, the United Kingdom and the United States, and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries or to Egypt where the Red OTA remains in force in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 19.

March 17

Issuing the Red OTA on all overseas countries/territories and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries/regions in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 19.

19 March

Hong Kong residents returning to Hong Kong from Hubei Province completed quarantine by batches. Only one of them was confirmed to be infected.

March 19

The CHP extended the Enhanced Laboratory Surveillance Programme to cover inbound travellers under quarantine from overseas. Priority was accorded to persons under quarantine aged 65 or above or persons under quarantine residing with elderly aged 65 or above.

March 19

To handle a large number of people arriving in Hong Kong via the Hong Kong International Airport, the HA established test centres at the AsiaWorld-Expo and North Lantau Hospital. People arriving in Hong Kong with upper respiratory symptoms will undergo virus tests and wait for the laboratory results there. Subject to the test results, they will be admitted to hospital or subject to home quarantine.

March 20

The Immigration Department closely monitored anti-epidemic measures implemented by the Moroccan authorities and rendered assistance to Hong Kong residents stranded in the country.

March 21

Announcing enhanced measures to control the disease, which include:

The HA and the DH will fully utilise all resources for testing and enhance testing for people returning to Hong Kong from overseas; Resuming the special work arrangements for civil servants implemented before March 2 to provide limited-scale public services; Deferring the Hong Kong Diploma of Secondary Education examination; Stepping up enforcement actions against contravention of quarantine orders; Strengthening disease prevention at residential care homes for the elderly and people with disabilities.

March 21

Announcing adjustments to the health quarantine arrangements on people arriving in Hong Kong from Hubei Province (except Wuhan) to reserve more quarantine facilities for the close contacts of confirmed cases.

March 23

Announcing more anti-epidemic measures, which include:

Starting from March 25, all non-Hong Kong residents coming from overseas countries and regions by plane will be denied entry to Hong Kong; non-Hong Kong residents coming from the Mainland, Macau and Taiwan will be denied entry to Hong Kong if they have been to any overseas countries and regions in the past 14 days; all transit services at Hong Kong International Airport will be suspended; and all travellers coming from Macau and Taiwan will be subject to compulsory quarantine; Stepping up virus testing for arriving persons from the United Kingdom, other countries in Europe and the United States; Taking stringent enforcement actions to combat breaches of quarantine orders; Strengthening social distancing measures, including a proposal to introduce legislation to temporarily prohibit the sale and supply of alcoholic drinks by restaurants, bars and clubs.

March 24

Stepping up enforcement against breaches of quarantine orders and appealing to the public to make use of the “e-Report Room” online platform to report breaches.

March 25

Sending the second batch of chartered flights to take Hong Kong residents stranded in Hubei Province back to Hong Kong.

 

We have adhered to the people-oriented principle throughout our anti-epidemic work and have proactively supported Hong Kong people affected by the epidemic. For example, we overcame all kinds of challenges to bring back Hong Kong people stranded in Hubei Province by batches; we sent a special team comprising immigration officers and healthcare officers to take care of the Diamond Princess cruise ship passengers who stayed in Japan to receive medical treatment; and we provided support to Hong Kong residents who were stranded in Morocco and Peru. We also exercised discretion to extend the stay of carers on two-way permit in Hong Kong and prioritised the handling of Speedpost items containing surgical masks. We co-operated with the Hong Kong Federation of Trade Unions to deliver prescription medications to Hong Kong people in the Mainland and introduced a flexible arrangement to extend the validity period of the contracts of foreign domestic helpers, etc.

 

We have also continued to uphold the principle of operating in an open and transparent manner in our anti-epidemic efforts. Through the daily press conferences by the CHP and the HA, media sessions by the Chief Executive and secretaries of departments and directors of bureaus, the designated website “coronavirus.gov.hk”, the Facebook pages of the CHP and “Tamar Talk”, the Interactive Map Dashboard, social media and more, we provide the public with the latest information on the disease and clarify rumours. The Interactive Map Dashboard is very popular and has attracted about 16 million views since its launch.

 

Fighting the virus together

 

In the face of the severe situation of the epidemic, I would like to once again thank all the healthcare and government anti-epidemic officers (including auxiliary forces, retired civil servants and volunteers) who fight the disease at the forefront. I would like to also thank the four professors on the expert advisory panel and the research and development teams of universities and innovation and technology companies for making suggestions on the prevention and control of the disease as well as our citizens who have put up with the inconvenience in their daily lives to safeguard Hong Kong. All of them are our anti-epidemic heroes. The governing team and I will stay committed to our duties, remain calm and stay vigilant in our fight against the disease.

 

To win the battle against the disease, the continuous support and co-operation of every Hong Kong citizen are of the utmost importance. We believe that a large number of Hong Kong citizens will continue to come back Hong Kong in the following weeks because of the worsening situation overseas and hence confirmed cases will inevitably continue to increase. The situation will be more severe and difficult to handle than any period in the past two months and may even lead to large-scale and a continuous outbreak in the community. This is a critical moment in the fight against the disease and also a moment for testing the resilience of Hong Kong people in the face of the epidemic.

 

Fighting the virus is a long battle and the process is arduous. It is not easy to stay at home for a long period of time without normal activities and social interactions, but it is definitely not the time to let our guard down, otherwise the hard efforts of Hong Kong citizens in the past two months will be undone and the consequences could be dire. I appeal to all members of the public to continue to fight the disease together. I have no doubt that as long as we stay united, work together and support each other, Hong Kong will finally win the battle against the disease.

 

Chief Executive Carrie Lam issued this article "Two Months into Our Fight, Continue to Stay Vigilant" on March 25.

Hong Kong has, for the first time, held the Willem C Vis (East) International Commercial Arbitration Moot (VEM) through an online platform amidst the COVID-19 pandemic. While most of the competitions in other jurisdictions have been cancelled or postponed due to challenges posed by the pandemic, the 17th VEM was the only international mooting which went ahead as scheduled through an online dispute resolution (ODR) platform.

 

Though the outbreak of COVID-19 has changed our travel patterns and presented many challenges, advance in modern technology has helped us to address them. For the first time in the moot’s history, the mooting competition was conducted completely online with the support of Electronic Business Related Arbitration & Mediation (eBRAM). The platform supported by eBRAM accommodated 71 teams from 21 jurisdictions and about 250 arbitrators from 52 jurisdictions to take part in the moot which started on March 22. This exemplifies the importance of technological developments in the legal field.

 

The audience, with the latest lawtech support by eBRAM, watched the lively and intensive oral arguments online with participants of the finalists showing considerable flair and aptitude in trying their best to present their case to an international panel of distinguished arbitrators. The Chinese University of Hong Kong won the competition after rounds of rigorous and remarkable oral submissions before the panel.

 

The Government has always been supportive of the development of lawtech spearheaded by, amongst others, eBRAM, which is expected to be launched this year to resolve cross-boundary disputes online. If funding is approved by the Legislative Council Finance Committee on time, eBRAM would be able to provide an efficient, cost-effective and safe online platform for deal-making and resolution of cross-boundary commercial and investment disputes. We understand that eBRAM also plans to develop an online dispute resolution platform to support cross-boundary business-to-business transactions in the Asia-Pacific Economic Cooperation region.

 

We would continue to offer our support to the VEM as part of our legal education campaign. However, the VEM would not have been held smoothly without the technical support provided by eBRAM and also the tenacity and determination displayed by the Vis East Moot Foundation. The successful conclusion of the moot proved that Hong Kong has the capability of developing lawtech.

 

Changes are inevitable, including technological changes. The COVID-19 pandemic posed new challenges to Hong Kong, but it also provides an opportunity for us to explore lawtech in the provision of legal services. We all should join hands to make the best use of the technologies to develop ODR to assist all parties in resolving disputes in an efficient, effective and fair manner with a view to bringing rule of law and justice for all.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on March 31.

The Government issued directions in the Gazette today to close bars and premises selling liquor for 14 days from 6pm on April 3.

 

The Secretary for Food & Health issued the directions in accordance with the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation.

 

The directions include the closure of bars and pubs, as well as any part of a catering business premise or a clubhouse mainly used for the sale or supply of intoxicating liquors for consumption.

 

The new measures were introduced due to the emergence of 62 confirmed COVID-19 cases related to the bar and band cluster with further spread to an additional 14 cases who had not visited bars.

 

The Government on April 1 introduced directions on the closure of karaoke, mahjong-tin kau and nightclub establishments as well as the suspension of karaoke and mahjong-tin kau activities in catering premises and clubhouses.

 

It has also been reviewing the feasibility of relevant measures and will make timely adjustments according to the latest developments of the disease.

On April 4, 1990, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China was adopted by the Seventh National People’s Congress (NPC) of the People’s Republic of China (PRC). The Basic Law enshrines the basic policies of the PRC regarding the Hong Kong Special Administrative Region (HKSAR) and provides a solid constitutional basis for the implementation of “one country, two systems”. Looking back, we must not forget the purpose and mission of the Basic Law.

 

The Basic Law clearly states that Hong Kong has been part of the territory of China since ancient times and is an inalienable part of the PRC. It is a Special Administrative Region enjoying a high degree of autonomy under the Central People’s Government. Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of history and realities, the “one country, two systems” principle was put forth by Mr Deng Xiaoping as a way to preserve the characteristics and strengths of Hong Kong as much as possible and to enable Hong Kong citizens to maintain their way of life.

 

In the 22 years since her return to the motherland, Hong Kong has weathered different challenges and, on the whole, the implementation of “one country, two systems” has been successful. Leveraging on our strengths in free market economy, rule of law, independent judiciary and the free flow of information and with our country’s strong support, Hong Kong has developed into an international financial, trade and transportation centre and attracted more than 9,000 overseas and Mainland companies to establish offices here, with many of them making Hong Kong as their regional headquarters in Asia-Pacific.

 

International financial centre

Article 109 of the Basic Law confirms Hong Kong’s status as an international financial centre and stipulates that the Government of the Hong Kong Special Administrative Region shall provide an appropriate economic and legal environment for the maintenance of such status. Specifically, under the Basic Law:

 

- The Hong Kong dollar is the legal tender of the HKSAR and the linked exchange rate system has been maintained. With the strong support of the Central Government, Hong Kong has been able to maintain financial stability even during turbulent times. Riding on our country’s reform and opening up, Hong Kong has also developed into the world’s largest offshore renminbi centre.

 

 - The free flow of capital is protected and has attracted a large number of foreign direct investment and companies using Hong Kong as an ideal platform for initial public offerings and fundraising. Over the past 10 years, Hong Kong has topped the annual global IPO rankings six times.

 

- Hong Kong maintains a simple and low tax system, which is key to Hong Kong’s success as an international financial, trading and business centre. The Hong Kong Special Administrative Region Government is free to implement tax measures according to policy needs under its independent tax system. Since I took office, I have put in place initiatives such as the two-tier profits tax system and tax deduction for research and development expenditure to enhance Hong Kong’s competitiveness.

 

Rule of law and independent judiciary

The Basic Law preserves and guarantees Hong Kong’s long-established and trusted common law system and allows the HKSAR to enjoy independent judicial power, including that of final adjudication. The rule of law and an independent judiciary, which are held dearly by Hong Kong people, are constitutionally protected. The Basic Law stipulates that judges shall be appointed by the Chief Executive on the recommendation of an independent commission; for the appointment of judges of the Court of Final Appeal (CFA) and the Chief Judge of the High Court, the Chief Executive shall obtain the endorsement of the Legislative Council and report such appointment to the Standing Committee of the NPC for the record. Last month, I accepted the recommendation of the Judicial Officers Recommendation Commission to appoint the Honourable Justice Andrew Cheung, Permanent Judge of the CFA, to succeed The Honourable Chief Justice Geoffrey Ma who will retire next year.

 

The Basic Law also allows the CFA to draw on the experience of judges from other common law jurisdictions. Currently, 15 eminent judges from the United Kingdom, Australia and Canada are sitting on the CFA as non-permanent judges. Their participation shows that our rule of law and independent judiciary are well recognised.

 

Rights and freedoms of residents

The fundamental rights and freedoms of Hong Kong residents are fully protected by the Basic Law. Under Chapter 3, Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; freedom of the person; freedom of communication; freedom of religious belief; freedom of choice of occupation; freedom to engage in academic research, literary and artistic creation, and other cultural activities; freedom of marriage and so forth. However, as pointed out by our courts in their judgments, freedom is not absolute; one should respect the rights and freedoms of other people and be subject to law when exercising such freedoms.

 

Developing external affairs

Hong Kong has always been a bridge between the East and the West. The Basic Law allows the HKSAR to maintain and develop relations with foreign states and regions and relevant international organisations in the appropriate fields, including economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields on its own, using the name Hong Kong, China. The HKSAR has participated in the World Trade Organization, the World Meteorological Organization, the Asia-Pacific Economic Cooperation and many others in the name Hong Kong, China and has entered into hundreds of bilateral agreements with other countries, including Free Trade Agreements, Investment Promotion & Protection Agreements and Comprehensive Double Taxation Agreements. Hong Kong athletes can also represent Hong Kong in international competitions.

 

The implementation of “one country, two systems” fully demonstrates that it is the best institutional arrangement to maintain Hong Kong’s long-term prosperity and stability. As a pioneering initiative, its application entails an evolving process and we have to effectively and fully apply this principle in order to maintain the prosperity and stability of Hong Kong, to meet the aspirations of our citizens and to meet the fundamental interests of our country. I encourage all Hong Kong citizens to learn more about the Basic Law, including the institutional safeguards, and the rights and duties of Hong Kong residents. In so doing, we should consider how best we can continue to leverage on Hong Kong’s advantages, allowing Hong Kong to advance with the country and enabling every Hong Kong resident to realise their goal.

 

Chief Executive Carrie Lam wrote this op-ed entitled The Basic Law - Best Safeguard for the Prosperity & Stability of Hong Kong on April 4.

The onset of COVID-19 has severely affected our economy and the legal sector was not spared. I have discussed with some of the representatives from the industry and we have carefully considered their suggestions with relevant government departments.

 

On Wednesday, the Government announced another package of measures to support individuals and businesses affected by COVID-19. Two of the measures are relevant to the legal sector: the establishment of LawTech Fund and the COVID-19 Online Dispute Resolution (ODR) Scheme. Today, I would like to share with you the arrangement of the LawTech Fund.

 

The Government always attaches great importance to LawTech. In her 2018 Policy Address, the Chief Executive supported the development of an online platform by non-government organisations to facilitate the provision of efficient and cost-effective online dispute resolution services in Hong Kong. The Government would allocate funding for the development of this project.

 

At the Ceremonial Opening of the Legal Year 2019, I emphasised the importance of making use of technology in providing legal services, citing the United Nations General Assembly in 2016 in observing that online dispute resolution "can assist the parties in resolving the dispute in a simple, fast, flexible, and secure manner, without the need for physical presence at a meeting or hearing". The Asia-Pacific Economic Cooperation had responded to the call and embarked on a project to establish an ODR framework with micro, small and medium-sized enterprises as major beneficiaries.

 

Almost 18% of the annual caseload of the courts at all levels have been affected in the first two months of the General Adjourned Period since January 29. The Judiciary has earlier started using video-conferencing facilities for remote hearings on suitable civil cases at the High Court. The media reported the first hearing conducted through video-conferencing, quoting the legal representatives of both parties being supportive of the Judiciary's new measures in view of the low cost and smooth operation.

 

Given the severe impact brought by COVID-19, the Judiciary has been exploring the use of various technological means in conducting different types of hearings to address the growing backlog of cases caused by the postponement of hearings. The legal sector should also take this opportunity to review the wider use of LawTech and enhance their technological capability. The Government introduced the LawTech Fund, which aims to assist some small and medium size law firms/barristers' chambers in procuring and upgrading information technology systems (such as video-conferencing facilities) and attending LawTech training courses. This will be conducive to the promotion of use of technologies in the provision of legal services.

 

Under the scheme, law firms and chambers with not more than five practicing lawyers are eligible for application. Each firm/chamber will be eligible for a reimbursable amount of up to $50,000. Application for the fund will be jointly administered by the Law Society of Hong Kong and the Hong Kong Bar Association. The details will be announced soon and the fund will be opened for application next month.

 

Other measures announced by the Government include: Enhancement of SME Financing Guarantee Scheme, Employment Support Scheme under which the Government will provide wage subsidy to eligible employers to retain employees (details will be available soon), as well as the creation of some time-limited jobs by the Department of Justice.

 

Government measures alone, however, would not be adequate. We must all stand united in solidarity to fight the virus and support Hong Kong.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 11.

In view of the severe economic repercussions caused by the COVID-19 pandemic globally and locally, the Government announced another package of measures to support the affected individuals and businesses last Wednesday. Two of which are particularly relevant to the legal and dispute resolution sector - the LawTech Fund and the COVID-19 Online Dispute Resolution (ODR) Scheme. The LawTech Fund was briefly introduced in this blog a few days ago. Today, I would like to give an online explanation of the COVID-19 ODR.

 

In anticipation of an upsurge of disputes arising from or relating to COVID-19, the scheme aims to provide speedy and cost-effective means to resolve such disputes, especially for those involving micro, small and medium-sized enterprises (MSMEs) that may be adversely affected or hard hit by the pandemic. The scheme will engage eBRAM (electronic Business Related Arbitration & Mediation system) to provide ODR services to the general public and businesses, in particular MSMEs, involved in low value disputes.

 

The scheme plans to cover COVID-19 related disputes with the claim amount for each case to be capped at $500,000. Either one of the parties (claimant or respondent) must be a Hong Kong resident or company and they will only be required to each pay $200 registration fees. Under the scheme, the parties are required to enter into a dispute resolution agreement to record their consent.

 

The process to be adopted is a multi-tiered dispute resolution mechanism where the parties will first attempt to negotiate their disputes, followed by mediation and if that does not result in settlement, then subsequently to arbitration for a final and binding award. This is in line with the "Mediate First" policy that we have been advocating under our "Mediate First" Pledge Programmes.

 

The scheme aims to offer a fast and effective means to resolve disputes among parties. Each tier of dispute resolution will be conducted within a limited time. The tiers are devised with a view to avoiding disputes and differences from being entrenched. If the disputes can be resolved successfully and amicably through negotiation or mediation, we hope it will help build and reinforce a harmonious society and enable the parties to preserve their long term business relationship.

 

We also hope the scheme will have the benefit of job creation and job advancement for mediators and arbitrators (including their pupils). Parties are at liberty to appoint the third party neutral of their choice and if no agreement is reached, there will be a mechanism for appointment. The third party neutrals and the parties or their representatives can still handle cases under the social distancing measures online and indeed to practice on the handling of cases online. We would like the scheme to be launched in June if funding is provided in April.

 

It is a global trend to develop and use ODR to provide reliable and efficient platform to facilitate alternative dispute resolution. The scheme is in line with the development under Asia-Pacific Economic Cooperation's Collaborative Framework on ODR (APEC Framework), with MSMEs as the major beneficiary. The mechanism of adopting negotiation and mediation in the first stage under the APEC Framework is also to prevent entrenched views on the conflicts, thereby helping to create harmony in society.

 

Some forms of alternative dispute resolution, such as mediation, are a more cost-effective way to resolve disputes. The costs of mediation are almost always lower than the disputed amounts, making it an economical way to resolve disputes. Mediation can save time too. Some cases may be resolved following just one day of mediation.

 

LawTech has greatly helped the development of dispute resolution services. The establishment of a safe, reliable and credible platform to provide enterprises with convenient and cost-effective online dispute resolution will become a new trend.

 

It is one of the major long-term policy objectives of the Department of Justice (DoJ) in recent years to enhance and promote Hong Kong's status as an international legal hub for deal-making and dispute resolution. A further promotion of the use of ODR will help consolidate Hong Kong's position as an international business and financial centre.

 

The social media accounts of the DoJ's IDAR Office have been introducing the procedure, characteristics and benefits of mediation and arbitration. You may wish to visit the dedicated pages of the IDAR Office to keep abreast of the dispute resolution services.

 

In addition to the relief measures announced by the Government, the DoJ has also taken the initiative to speed up payment of fees to counsel. Counsel engaged by the DoJ could submit their interim fee notes together with the interim case reports after certain work has been completed. Each case will be considered individually on a case-by-case basis and interim payments could be made. I have enquired and am also glad to learn from the Legal Aid Department and the Duty Lawyer Service that they made similar arrangements.

 

We are confident that Hong Kong can weather the storm with our fundamental strengths and resilience. We also trust that we would overcome this unprecedented challenge by standing in solidarity.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 13.

The banking sector today launched a scheme to alleviate the cashflow pressure faced by corporate customers in light of the economic challenges brought about by the COVID-19 outbreak.

 

Jointly announced by the Monetary Authority and the Banking Sector SME Lending Coordination Mechanism, the Pre-approved Principal Payment Holiday Scheme is estimated to cover more than 80% of all corporate borrowers in Hong Kong.

 

All corporate customers that have an annual sales turnover of $800 million or less and with no outstanding loan payments overdue for more than 30 days are eligible for the scheme.

 

Eligible customers’ loan principal payments due within a six-month period between May 1 and October 31 this year will be pre-approved for deferment.

 

The loans’ principal payments, including revolving facilities, will generally be deferred by six months, whereas trade facilities, given their short-term nature, will be deferred by three months.

 

The scheme does not cover syndicated loans or loans used for financing purchases of shares or other financial assets.

 

Banks will begin informing eligible customers of the pre-approval under the scheme as soon as practicable. Eligible customers do not need to apply. They only need to contact the bank within 14 days of the bank’s notice to confirm the detailed arrangements.

 

The authority has issued a circular requesting all banks to participate in the scheme and has received support from all 11 major lenders in the co-ordination mechanism.

 

It will monitor the scheme’s operation and maintain close dialogue with banks.

During the third month of our fight against COVID-19, Hong Kong has experienced daunting challenges posed by the epidemic with no room to let down our guard.  Though we are a bit relieved to see a significant drop in the number of confirmed cases recently, the Government needs to remain alert given the volatility of the epidemic.

 

Developments of the epidemic

In the past month, the epidemic continued to spread rapidly in many countries around the world. The number of confirmed cases increased from 400,000 a month ago to 2.6 million today, an increase of some 600%, with over 180,000 deaths.  Many governments had little choice but to take extreme measures such as a city lockdown. During the same period, the overseas epidemic situation resulted in a large number of Hong Kong residents abroad, including students studying in the United States and Europe, particularly in the United Kingdom, to return to Hong Kong. Due to the large number of imported cases, Hong Kong’s epidemic situation, which had remained stable for a period up to mid-March, started to become severe and reached its peak at the end of March. On March 27, 28 and 29, Hong Kong recorded 65, 64 and 59 confirmed cases respectively on a single day. We were then extremely worried because if 60 new cases have to be admitted to hospital and placed in isolation each day (according to Hospital Authority statistics every confirmed case stays in hospital for 15 to 20 days on average) and if this number of new confirmed cases continued for one month then the Hospital Authority’s 1,200 or so isolation beds would be fully occupied and our hospital system would face unimaginable pressure.

 

Although deeply anxious, we did not lose our composure but continued to respond promptly to the developments of the epidemic taking account of expert advice. We bit the bullet and resolutely took stringent measures in response to the situation. The number of confirmed cases has dropped from the peak at end-March to single digits since April 12, with the great majority of cases being imported or their close contacts (See Graphic 1). This shows we have prevented local transmission and that Hong Kong, once again, has overcome the challenge.

 

Anti-epidemic efforts

Since the Government implemented stringent border control measures before end-March, including denying the entry to Hong Kong by plane of all non-Hong Kong residents arriving from overseas countries or regions from March 25, the anti-epidemic measures introduced over the past month focused on enhancing virus testing for inbound travellers and restricting social interactions to prevent the spread of the disease. However, we have not prohibited people from going out as many overseas countries have done. Most restaurants and shops have remained open.  People by and large can maintain their daily life.

 

Major measures implemented by the Government to respond to the developments of the epidemic in the past month are set out in the following table:  

 

Date

Event

March 25-26

Four chartered flights were sent over two days to bring back to Hong Kong the second batch of 558 Hong Kong residents stranded in Hubei Province.

March 25-26

The Centre for Health Protection (CHP) extended the Enhanced Laboratory Surveillance Programme and set up a temporary specimen collection centre at AsiaWorld-Expo to provide virus testing for asymptomatic inbound travellers arriving from the UK and other countries in Europe as well as the US.

March 27

The Government announced that catering premises must comply with six disease control requirements and six types of premises (ie amusement game centres, bathhouses, fitness centres, places of amusement, places of public entertainment and premises for hire for holding social gatherings) must close from 6pm on March 28; and gatherings of more than four people in a public place would be prohibited from midnight on March 29.  At the same time, the Chief Executive announced the preparation of the second round of the Anti-epidemic Fund to provide further assistance to individuals and businesses.

April 1-2

The Government announced that karaoke establishments, mahjong-tin kau establishments and nightclubs must be closed and beauty parlours, clubhouses and massage establishments must step up epidemic control measures from 6pm on April 1; and bars must close from 6pm on April 3.

April 5

Sixty-five Hong Kong residents who took the chartered flights arranged by the Hong Kong Special Administrative Region Government arrived in Hong Kong from Peru. Upon arrival, they were taken to the temporary specimen collection centre at AsiaWorld-Expo to undergo virus testing and were admitted to hospital or put under home quarantine subject to the test results.

April 8

The Government announced the closure of beauty parlours and massage establishments from midnight on April 10, and the extension of measures regulating catering businesses and scheduled premises as well as prohibiting group gatherings until April 23.

April 8

The Chief Executive announced the second round of the Anti-epidemic Fund and other related measures involving over $130 billion, including an $80 billion Employment Support Scheme. The Legislative Council Finance Committee approved the funding on April 18.

April 8

The Department of Health (DH) mandated all asymptomatic inbound travellers arriving at the Hong Kong International Airport to proceed to the temporary specimen collection centre to collect deep throat saliva samples according to instructions before undergoing compulsory quarantine at their place of accommodation. Besides, specimen collection containers will be provided to inbound travellers arriving via land boundary control points who have been to Hubei Province in the past 14 days.

April 9

The DH required all asymptomatic inbound travellers arriving on flights from the UK to stay and wait for the test results at the temporary specimen collection centre, and they can continue their quarantine at their place of accommodation only if the test result is negative. The arrangement was extended to asymptomatic inbound travellers arriving on flights from the US and other areas in Europe from April 13.

April 10

Twenty-seven Hong Kong residents who left Morocco on a chartered flight arranged by the Chinese Embassy in the Kingdom of Morocco arrived in Guangzhou. Apart from one Hong Kong resident who chose to stay in Guangzhou, all others returned to Hong Kong by prearranged coaches and were taken to AsiaWorld-Expo to undergo virus testing.

April 11

To ensure adequate quarantine facilities to cope with the development of the epidemic, the CHP will, where necessary, arrange for people under compulsory quarantine to stay at quarantine centres for the first 10 days and then continue quarantine at home for the remaining four days after virus testing.

April 19

The DH required all asymptomatic inbound travellers arriving on flights landing in the morning to stay and wait for the test results at the temporary specimen collection centre. They can continue quarantine at their place of accommodation only if the test result is negative.

April 19

With a declining number of inbound travellers, the Hospital Authority suspended the operation of the test centre at AsiaWorld-Expo from noon. Inbound travellers with symptoms will be admitted to public hospitals to undergo testing.

April 20

The DH started a trial to provide an extra specimen collection container to inbound travellers arriving at the Hong Kong International Airport for the submission of samples for another round of virus testing (on the 12th day) before the completion of home quarantine. The quarantine can be completed only if the test result is negative.

April 21

The Government announced the extension of all statutory measures to enhance social distancing for 14 days until May 7.

April 22

The DH required all asymptomatic inbound travellers arriving on flights landing in the afternoon or at night to stay and wait for virus test results at the holding centre in the Regal Oriental Hotel. They can continue quarantine at their place of accommodation only if the test result is negative. Upon implementation of the measure, all inbound travellers arriving at Hong Kong International Airport will be required to undergo testing and can return to the community only if the test result is negative.

 

The decision to extend various enhanced social distancing measures to early May is no doubt a further blow to the affected business sectors. The Government fully understands the disappointment and frustration of these sectors, but we dare not let down our guard as we look at the second or third wave of outbreaks around the world. In addressing the public health crisis, the Government also needs to consider the impact of the measures on the economy, livelihood and the daily lives of people.  I recall that Prof Gabriel Leung, one of the experts for the Government’s anti-epidemic work, once described the difficulty of the Government in making its decisions as a three-way tug of war (See Graphic 2).

 

We will continue to listen to the views of the experts and various sectors and constantly adjust the suppress and lift strategy according to the actual situation of the epidemic. The target is to achieve the optimal level of controls at all times.

 

Supporting individuals and businesses affected by the disease

The epidemic has lasted for more than three months and presents unprecedented challenges to our economy. Many businesses are facing pressure to close down or resort to massive staff layoffs, and many families and members of the public are facing severe hardship. According to the latest labour force statistics released by the Census & Statistics Department, the seasonally adjusted unemployment rate for January to March 2020 increased worryingly to 4.2%, the highest level in over nine years.

 

The Government will continue to make an all-out effort to keep our workers employed, relieve the financial burden of businesses and members of the public, and pave the way for post-epidemic economic recovery. The two rounds of the Anti-epidemic Fund and related relief measures, together with the relief package in the 2020-21 Budget announced by the Financial Secretary earlier on (yet to be approved by the LegCo), amount to $287.5 billion, representing 10% of gross domestic product. These measures are being implemented progressively to help businesses and members of the public tide over the difficult times.

 

Fighting the virus together

The hard-earned results of our anti-epidemic work over the past month are due to the togetherness of the community at large, the unswerving commitment of our healthcare professionals, the collaborative efforts of various government departments and the understanding of all sectors in society. I am confident that Hong Kong will come through the epidemic and the economic downturn. As long as we can hold on for some more time, we will soon see a bright tomorrow.

 

Chief Executive Carrie Lam issued this article entitled Three Months into Our Fight Seeing the Arrival of Dawn on April 25.

The Department of Justice (DoJ) is responsible for making prosecutorial decisions. At times, these decisions attract extensive discussions in the community. It becomes interesting when overseas media and politicians embark upon allegations or purported demands relating to Hong Kong’s prosecutorial decisions.

 

Article 63 of the Basic Law provides that the DoJ of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference. This prosecutorial independence ought to be a feature in any society that cherishes the rule of law, and therefore attempts made by jurisdictions requesting such decisions to be made one way or another or even to request that they be varied is a blatant defiance of rule of law.

 

The DoJ acts independently without political, improper or undue influence, including those from public opinions and certainly not from overseas politicians who made these requests possibly not based on evidence or law but on political motives.

 

In cases in which legal proceedings are ongoing, we will not comment and neither should others as it may bring about the undesirable effect of a trial by the public. Statements made requesting the DoJ to drop all the charges or uttered with a view to affecting the DoJ’s role in controlling criminal prosecutions are futile. It is plainly wrong to label our prosecutions as politicised. On the contrary, no one, be they tycoons or politicians, will be above the law or be treated differently simply because they have a certain status or are pursuing certain beliefs or goals.

 

When law enforcement agencies have completed their investigation, they would seek legal advice from the DoJ. Our prosecutors would carefully consider the investigation reports and relevant materials submitted. A prosecution would only be commenced if the prosecutor is satisfied that there is sufficient admissible evidence to support a reasonable prospect of conviction.

 

The well-established procedures of our criminal justice system include the independent investigations by law enforcement agencies, the independent prosecutorial decisions based on objective assessment of evidence, applicable laws and in accordance with the Prosecution Code, and finally open trials by our independent judiciary. If we are to accede or be seen to yield to unreasonable demands to drop charges irresponsibly, we would not only be unfair and unprofessional but would also act in violation of the spirit of the rule of law.

 

I have explained the DoJ’s prosecution procedure on various occasions and stressed that our prosecutors are expected to apply the highest of professional standards in handling all criminal cases impartially and without fear or favour. They must not be influenced by political consideration. Cases should not be handled any differently irrespective of one’s own political beliefs or opinions.

 

The Hong Kong Special Administrative Region Government always respects and protects human rights and freedoms. However, these rights are not absolute. As pointed out by the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020: “It is important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties.” There are clear limits in the law to the exercise of these rights. When law is broken, action will be taken in accordance with the criminal justice system.

 

The rule of law is a core value in Hong Kong. We have to stand united in upholding our independent criminal justice system especially when it is under attack by any unfair and unfounded allegation made with a view to discrediting or undermining it. Any attempt to do so would only be attractive to those unfamiliar with our independent legal and judicial systems. We are obliged to continue to explain and ensure that their absence of knowledge would not override facts. We will continue to disseminate proper and accurate information and help clear any misunderstandings in the local and overseas communities.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 26.

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There is currently no information available.

An Ap Lei Chau site in the 2020-21 Land Sale Programme will be sold by public tender, the Lands Department announced today.

 

Ap Lei Chau Inland Lot No. 137 at Ap Lei Chau Praya Road is designated for non-industrial purposes, excluding godown, hotel and petrol filling station.

 

It has a site area of about 1,128.8 sq m with a minimum gross floor area of 4,921 sq m.

 

The maximum gross floor area for private residential purposes is 8,201.6 sq m, while that for other designated purposes is computed according to the relevant special sale condition.

 

The tender invitation for the lot will open on April 24 and close on May 22.

More than 40,000 new niches at two columbaria in Tuen Mun and Fanling will open for applications from May 11, the Food & Environmental Hygiene Department announced today.

 

Tsang Tsui Columbarium in Tuen Mun will provide 22,680 standard niches and 220 large niches, while Wo Hop Shek Columbarium in Fanling will provide 21,720 standard niches and 330 large niches for application.

 

The department said applicants should only file one application form to apply for either a large or standard niche for the same deceased person.

 

It said applicants have to fill in the particulars of at least three deceased people when applying for a large niche.

 

Since the type and number of niches available in the two columbaria are different, the chance of successful allocation varies, the department added.

  

The application deadline is June 10.

 

Click here for details.

The Lands Department will provide additional rental or fee concessions for tenants of short-term tenancies (STT) and waiver holders in accordance with the new round of support measures announced earlier this month.

     

The measures aim to strengthen support for enterprises in light of the challenges arising from the COVID-19 epidemic.

 

In accordance with the support measures launched in 2019 and those announced in the 2020-21 Budget, STTs and waivers for varying the terms of land grants for business and community uses under the department have been granted 50% rental or fee concession from October 2019 to September this year.

 

Under the new round of support measures, the 5,000 eligible STT tenants and waiver holders already enjoying the previous concession, such as catering facilities, shops, workshops, public fee-paying car parks, and welfare facilities, will see their rental or fee concession rate increase to 75% from April to September.

     

The 75% concession arrangement will be extended to businesses not covered previously, such as depots for public transport operators, public utilities, petrol filling stations, driving schools and advertising facilities, effective for the same period.

     

If these tenants and waiver holders are ordered to close or have chosen to close due to the Government’s orders or other restrictions for safeguarding public health under the relevant regulation, they may further apply to the department for full rental or fee concession for the duration of the closure.

 

The department will issue written notifications to eligible STT tenants and waiver holders on the above concession measures and their implementation details.           

 

Additionally, to help development projects with construction progress affected by the epidemic, the department will offer extensions of the Building Covenant period at nil premium for up to six months for leases with the covenant not yet discharged as at April 8.

 

The department will issue a practice note and upload it onto its website by the end of the month to announce the application arrangements for lessees.

The projected private flat supply for the next three to four years is 95,000 units, 2,000 more than the previous estimate.

 

The Transport & Housing Bureau today said there were 10,000 unsold units in completed projects at the end of March.

 

There were 60,000 units under construction, excluding those pre-sold by developers, and 25,000 units from disposed sites where construction can start any time.

 

The number of flats under construction in the first quarter was 900, while the number of units completed for the period was 4,200.

 

Click here for details.

The Transport Department today invited tenders for operating six major licensed ferry services for outlying islands for five years from April 1, 2021.

 

The six routes are between Central to Cheung Chau, Inter-islands between Peng Chau, Mui Wo, Chai Ma Wan and Cheung Chau, Central to Mui Wo, Central to Peng Chau, Central to Yung Shue Wan and Central to Sok Kwu Wan.

 

The department said that for the purposes of maintaining financial viability of the six major routes, alleviating the burden of fare increases on passengers, enhancing service quality and promoting a green city development, the Government would continue to provide special measures to the routes.

 

Such measures would include launching a new Vessel Subsidy Scheme to help selected ferry operators replace the fleets of the six major routes and introduce greener vessels in phases, straddling 10 years from 2021.

 

Having regard to factors such as passenger demand, overall fleet requirements, flexibility in vessel deployment, operational efficiency, and after consulting the Islands District Council, the six major routes are grouped into two packages for tendering.

 

The first package covers Central-Cheung Chau, Peng Chau-Mui Wo-Chi Ma Wan-Cheung Chau (Inter Islands) and Central-Mui Wo routes.

 

The other package covers Central-Peng Chau, Central-Yung Shue Wan and Central-Sok Kwu Wan routes.

 

Tenderers are required to propose a fare for each fare type of each relevant route and it must not exceed the existing fare level of the corresponding route by more than 5%. Tenders should also include in their submissions fare concession proposals that will be considered in the tender evaluation.

 

In support of the Government's development of a smart city, tenderers should propose measures including dissemination of real-time arrival/departure time of ferry routes, number of remaining seats via mobile phone apps and opening up such data for the public’s use under data.gov.hk.

 

The tenders must be sealed in envelopes and placed in the Transport Department Tender Box adjacent to the reception counter of the department on the 10th floor of South Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei before noon on June 30.

 

The cover of the tender submission should be marked with tender reference TD 382/2019 and include the subject of the tender. It should also be addressed to the Commissioner for Transport.

 

Tender documents will be available for collection at the Transport Department’s Ferry & Paratransit Division on the 14th Floor, South Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei from April 27 during office hours.

Banks and financial institutions taking part in providing mortgage loans for the Housing Authority Subsidised Sale Flats Scheme (SSFS) may offer a mortgage principal moratorium plan to the scheme’s mortgagors.

 

The authority today wrote to these institutions to confirm and agree that such a plan is applicable for SSFS flats.

 

Principal repayment may be deferred for a maximum 12-month period and the mortgage loan repayment period may be extended correspondingly by a maximum of 12 months.

 

The principal moratorium period may commence by December 31 this year at the latest.

 

The arrangement is applicable to the Home Ownership Scheme, the Private Sector Participation Scheme, the Buy or Rent Option Scheme, the Tenants Purchase Scheme and the Green Form Subsidised Home Ownership Scheme in the primary market and under the Secondary Market Scheme.

 

To encourage participating financial institutions to provide mortgage loans and better mortgage terms for SSFS flat purchasers, the authority provides a mortgage default guarantee for them.

 

It undertakes to meet the shortfall in repayment in the event of default by the borrowers under specified circumstances during the guarantee period.

 

Due to the requirements in the guarantee deed on the mortgage loan period and the monthly instalment amount, participating financial institutions may not be able to offer a mortgage principal moratorium plan to SSFS flat owners.

 

In light of the economic downturn arising from the COVID-19 outbreak, the authority confirmed today that a mortgage principal moratorium plan is applicable for SSFS flats.

 

The move will encourage participating financial institutions to offer such a plan to SSFS flat owners, reducing their burden of mortgage repayment.

The parking fees of 12 government public car parks will be frozen at their existing levels for one year from June 1, the Transport Department announced today.

 

In reviewing the parking fees, the department said it considered the inflation rate, private car park charges and usage of the government car parks.

 

Having considered the impact on the economy brought by the COVID-19 pandemic as well as the impact on usage of the car parks, the department decided to maintain the parking fees at existing levels.

 

The 12 car parks are Kennedy Town Car Park, Rumsey Street Car Park, Star Ferry Car Park, City Hall Car Park, Tin Hau Car Park, Shau Kei Wan Car Park, Aberdeen Car Park, Yau Ma Tei Car Park, Sheung Fung Street Car Park, Wong Tai Sin Public Transport Terminus Car Park, Kwai Fong Car Park and Tsuen Wan Car Park.

 

Click here for details.

The Buildings Department approved 13 building plans in February - four on Hong Kong Island, one in Kowloon and eight in the New Territories.

 

Of the approved plans, nine were for apartment and apartment-commercial developments, one was for commercial development, one was for factory and industrial developments, and two were for community services developments.

 

Consent was given for works to start on two building projects, which will provide 77,942 sq m of gross floor area for non-domestic use.

 

The department also issued 14 occupation permits - four on Hong Kong Island, one in Kowloon and nine in the New Territories.

 

Buildings certified for occupation have 149,306 sq m of gross floor area for domestic use involving 2,912 units, and 67,594 sq m for non-domestic use.

 

The declared cost of new buildings completed in the month was $3.7 billion.

The Transport Department today announced that its driving test (road test) service will resume on May 4 to align with the resumption of public services in phases.

 

The department said candidates scheduled to take a road test on or after May 4 should take the test according to the test date, time and the driving test centre specified in their appointment letter.

 

Candidates affected by the suspension of driving test centres will be notified by post of the rescheduled test.

 

Driving test (written test Part A) and taxi written test services will resume on May 26.

 

Candidates affected by the suspension of written test services will be rescheduled to take the tests from May 26 and thereafter and notified by post of the rescheduling.

 

All candidates participating in the driving, road and written tests, must wear surgical masks inside the test centres and throughout the test.

 

They must also clean their hands with alcohol sanitisers and undergo body temperature screening.

 

If a candidate does not wear a surgical mask, refuses body temperature screening or has a body temperature higher than 37.5 degrees Celsius, the candidate will not be allowed to enter the venue and the test will be rescheduled.

 

To improve air circulation inside the vehicle compartment, driving examiners may open vehicle windows during the test.

 

The department urged candidates not to attend a driving test if they are unwell.

 

For applicants who are absent from a driving test on medical grounds, they may submit their postponement applications with the original sick leave or medical certificate to the Driving Test Appointment Office within one month from the test date for rescheduling.

 

Candidates applying for a postponement, temporary cancellation of driving test appointment or change of driving test region may submit signed application letters, copies of identification document and driving test appointment letter via the drop-in box at the Kowloon Licensing Office or post them to the Driving Test Appointment Office on 2/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road.

 

Application of driving test appointment services for fresh candidates and repeaters will continue to be suspended until further notice. Call 2771 7723 for enquiries.

 

Vehicle Examination Centres will resume full services on May 4. The department will continue to process applications for licensing and related services submitted by applicants with scheduled appointments via the drop-in boxes, by post or online except for the direct issue of a full Hong Kong driving licence.

 

Applications may be submitted via the drop-in boxes at the offices concerned between 9am and 5pm from Monday to Friday except public holidays.

 

Those who have made online appointments for renewal of a full driving licence, vehicle licence, and transfer of vehicle ownership or international driving permit can visit the Licensing Office concerned at the scheduled time.

 

To maintain social distancing to reduce the risk of spreading COVID-19, the offices concerned will continue to suspend walk-in counter services.

 

Meanwhile, the Highways Department's public services will return to normal from May 4.

 

The department will implement social distancing and precautionary measures, including the introduction of flexible working and lunch hours, meeting adjustments and stepping up the cleansing of its offices.

 

Members of the public may call the 24-hour hotline 2926 4111 or 1823 for making suggestions, enquiries or complaints. The department can also be contacted by email or fax.

 

 

Applications for the $1.3 billion in subsidies earmarked for registered owners of goods vehicles and green minibus operators under the Anti-epidemic Fund opened today, the Transport Department announced.

 

A one-off non-accountable subsidy of $10,000 will be provided to each registered goods vehicle owner for each goods vehicle.

 

From today until September 30, registered owners of goods vehicles who have received the department's letters must use the registration PIN provided in the letters for submission of registrations through GovHK.

 

After successful completion of registration, the subsidy will be disbursed to the designated local bank account provided in the registration through autopay in about two to three weeks.

 

Cross-boundary goods vehicle drivers who conduct nucleic acid tests in Hong Kong can apply for the subsidy on an accountable basis, with the maximum amount being $350 per test.

 

A one-off non-accountable subsidy of $30,000 per green minibus will be provided to each holder of a Passenger Service Licence-Public Light Bus (Scheduled) Service who has been approved to operate a relevant green minibus route package.

 

The department briefed the green minibus trade today on the subsidy arrangement and application details with the distribution of the application forms.

 

Green minibus operators are required to send the completed application forms to the department by post on or before September 30.

 

After the department has verified their submissions, the subsidy will be disbursed through autopay in about one month.

 

To assist the transport trades to cope with operational demands in the prevailing economic environment, the Government has rolled out the fuel subsidy and one-off subsidy measures under the first round of the Anti-epidemic Fund progressively.

 

As of mid-April, the department has received applications for subsidies from three franchised bus companies, 10 franchised and licensed ferry operators, Hong Kong Tramways Limited, registrations from 1,700 registered owners of non-franchised public buses, school private light buses and hire cars. Over $100 million of the subsidies have been disbursed.

 

Click here for details.

The tender for a Mong Kok site has been awarded on a 50-year land grant at a premium of $467.18 million, the Lands Department announced today.

 

Kowloon Inland Lot No. 11240 at the junction of Soy Street and Shanghai Street was awarded to Worth Forever, a subsidiary of Bring Bright.

 

It has a site area of about 625.5 sq m with a minimum gross floor area of 3,751.75 sq m.

 

The maximum gross floor area for private residential purposes is 4,691.25 sq m.

 

The maximum gross floor area for non-industrial purposes is computed according to the relevant special condition in the conditions of sale.

The 52nd edition of the Index of Streets, House Numbers & Lots in Hong Kong, Kowloon & New Kowloon, and the 21st edition of the New Territories Lot/Address Cross Reference Table on compact disc are now on sale.

 

Licences for using the street index and the cross reference table on computer networks are also available for sale.

 

An online version of the new street index and cross reference table is available on the Land Registry's website or the Integrated Registration Information System Online Services website.

 

They are designed to facilitate land record searches by correlating property addresses, building names or lot numbers.

 

The latest edition of the index features 444 amendments, 11 new streets, and the addition of 30 new lots, sections or subsections.

 

The latest edition of the table features 1,522 amendments, 10 new streets, and 1,146 new lots, sections or subsections.

 

Click here for order forms.

The Office of the Communications Authority (OFCA) today announced the launch of the Subsidy Scheme for Encouraging Early Deployment of the fifth-generation mobile technology.

 

Launched under the second round of the Anti-epidemic Fund, the scheme is open for applications until November 30 on a first come, first served basis.

 

It encourages various sectors to deploy 5G technology early to foster innovation and smart city applications and to improve the efficiency of their operations and the quality of their services that enhance Hong Kong's competitiveness.

 

The scheme will subsidise 50% of the actual cost directly relevant to the deployment of 5G technology in an approved project, subject to a cap of $500,000.

 

About 100 qualified projects will be subsidised.

 

Click here for more details.

 

For enquiries, call 2961 6333 or send an email to the OFCA.

The Land Registry recorded 4,866 sale and purchase agreements for all building units for registration in April, up 6.8% from March but 50.9% lower year-on-year.

 

The total consideration for such agreements rose 7.1% from March to $38.4 billion, representing a 55.9% year-on-year decline.

 

Of the agreements, 4,102 were for residential units in April, up 6% from March but 47.6% lower than the same month a year ago.

 

The total consideration for residential units was $33.7 billion, up 6.2% compared with March and 51.9% lower year-on-year.

 

There were 375,802 land register searches last month.

The Development Bureau today announced that the Land Sharing Pilot Scheme will open for applications tomorrow to help unleash the development potential of qualified private land.

 

The private land must be with consolidated ownership that is outside specified environmentally sensitive areas and not covered by the Government's development studies.

 

In connection with the pilot scheme’s launch, the Chief Executive has appointed 10 members from a wide spectrum of sectors to a Panel of Advisors to offer independent opinions on the applications received and advise on the scheme's operation.

 

Chaired by Dr David Wong, the panel members will serve a term of 3.5 years starting May 1.

 

Secretary for Development Michael Wong said while government-led planning and land resumption remains the mainstream and continues to dominate its land creation agenda, the pilot scheme seeks to complement such efforts by tapping into market resources and efficiencies to boost both public and private housing in the short to medium term.

 

Under the scheme, the Government will facilitate infrastructural improvements that will enhance the development intensity of the private lots under application.

 

In return, the applicants are required to hand over part of the lots they own in the form of formed land that is capable of delivering at least 70% of the increased domestic gross floor area for public housing or Starter Homes developments intended by the Government.

 

Each project under the scheme should be capable of delivering an increased domestic gross floor area of no less than 50,000 sq m in total and at least 1,000 additional housing units.

 

The application period lasts for three years until May 5, 2023, subject to a cap of 150 hectares on the total area of private land to be approved.

 

The development chief added that the Government’s target is to convert the agricultural lots into spade-ready sites ready for housing construction within four to 6.5 years from the time applications are received.

At 1 a.m. at the Hong Kong Observatory :
Air temperature : 29 degrees Celsius
Relative Humidity : 82 per cent

The air temperatures at other places were:

Hong Kong Observatory	29 degrees ;
King's Park	28 degrees ;
Wong Chuk Hang	28 degrees ;
Ta Kwu Ling	26 degrees ;
Lau Fau Shan	28 degrees ;
Tai Po	28 degrees ;
Sha Tin	29 degrees ;
Tuen Mun	27 degrees ;
Tseung Kwan O	28 degrees ;
Sai Kung	28 degrees ;
Cheung Chau	26 degrees ;
Chek Lap Kok	29 degrees ;
Tsing Yi	27 degrees ;
Shek Kong	28 degrees ;
Tsuen Wan Ho Koon	27 degrees ;
Tsuen Wan Shing Mun Valley	27 degrees ;
Hong Kong Park	28 degrees ;
Shau Kei Wan	28 degrees ;
Kowloon City	28 degrees ;
Happy Valley	28 degrees ;
Wong Tai Sin	29 degrees ;
Stanley	27 degrees ;
Kwun Tong	28 degrees ;
Sham Shui Po	28 degrees ;
Kai Tak Runway Park	28 degrees ;
Yuen Long Park	28 degrees ;
Tai Mei Tuk	28 degrees .

Secretary for the Civil Service Patrick Nip today visited the Transport Department (TD) and the Social Welfare Department (SWD) to learn more about the preparations made by both departments to resume public services.

 

The Government announced that the resumption of public services will start from May 4 under a phased approach.

 

While the TD will resume road tests on that day, written tests will resume on May 26.

 

The SWD will also gradually resume the services of its Integrated Family Service Centres (IFSC).

 

Mr Nip first visited the driving test centre in Ho Man Tin where he was briefed by the Commissioner for Transport Mable Chan on arrangements for the resumption of road tests and the implementation of infection control measures at driving test centres.

 

Such measures will require candidates to wear surgical masks and undergo body temperature screening at entrances.

 

As for the written tests, Mr Nip said he was pleased to learn that the TD will keep seats apart at appropriate distances and step up cleansing of computers at test centres.

 

Mr Nip then visited the Causeway Bay Integrated Family Service Centre where he was briefed on the plan to gradually resume services at IFSCs and measures to reduce social contact.

 

Mr Nip also learned that various infection control measures to safeguard the health of colleagues as well as service users will be put in place. For example, group activities will be conducted for no more than four participants and physical partitioning will be erected in meeting rooms for counselling services.

 

Mr Nip emphasised that many people hope that the Government can provide more public services when the epidemic situation becomes stable.

 

“I am pleased to learn that the departments have made all the necessary preparations for providing the services needed by the public while striving to safeguard public health.

 

“Government departments will continue to maintain a high degree of vigilance and adopt all the necessary precautionary measures. The Government will also closely monitor the situation and determine when to embark on a full resumption of normal business.”

 

Mr Nip expressed hope that the public will continue to fight the virus together with the Government.

 

He also thanked civil servants for their commitment and dedicated efforts to serve the public during the epidemic.

To align with the phased resumption of public services, various government departments have announced their latest arrangements.

 

The Department of Justice’s public services will resume normal from May 4. The reception counters of the department’s Prosecutions Division and Civil Division will be open Monday to Friday from 9am to 1pm and 2pm to 6pm.

 

The Legal Aid Department’s offices will resume normal office hours on May 4 to provide public services including civil and criminal legal aid application and litigation services.

 

The Government Logistics Department’s collection office will resume normal operation from May 4 and open Monday to Friday from 8.30am to 1pm and 2pm to 5pm.

 

The Lands Department's offices will resume public counter services and enquiry telephone lines on May 4, providing services such as payment of government rent and premiums, map sales, and collection of compensation for land resumption.

 

Except for the surveying services to be conducted outside Hong Kong, all services of the Marine Department will resume starting May 4.

 

The Rating & Valuation Department will resume normal operation of public services from May 4, with its enquiry counters opening from 8.15am to 6pm from Monday to Friday, except on public holidays.

 

The Civil Engineering & Development Department said office hours for the Civil Engineering Library, applications for dumping licences and sand removal permits, and the Mines Division’s Permit & Licensing Office will return to normal on May 4.

 

Public services of the Water Supplies Department, the Planning Department, the Drainage Services Department and the Inland Revenue Department will resume normal on May 4.

 

Starting from May 4, the Registration & Electoral Office’s enquiry counter and offices, the Buildings Department and the Environmental Protection Department’s public counter services and service counters under the Labour Department will reopen.

 

The Independent Commission Against Corruption's headquarters and regional offices will also resume normal services from May 4.

 

The Housing Authority's estate management offices, Public Rental Housing Application Office in the Lok Fu Customer Service Centre, the Clearance Housing Office and the Redevelopment Sub-section Offices will reinstate normal services from that date.

 

Flat selection sessions of the Territory-wide Overcrowding Relief Exercise, the Living Space Improvement Transfer Scheme and Sale of Home Ownership Scheme Flats 2019 will gradually resume from May 8.

 

Click here for the latest public service arrangements.

The Hong Kong Special Administrative Region Government has rejected allegations made by certain officials and politicians in the United States, United Kingdom and European Parliament relating to an April 18 arrest operation and other security matters.

 

In a statement today, the Hong Kong SAR Government said such allegations were totally unfounded and amounted to a serious intervention in Hong Kong's affairs.

 

The SAR Government strongly disagreed with the grossly irresponsible remarks and expressed deep regret about them.

 

It pointed out that since its return to the Motherland, the HKSAR has maintained stability and prosperity under the principle of "one country, two systems", exercising "Hong Kong people administering Hong Kong" and a high degree of autonomy in strict accordance with the Basic Law (BL).   

 

"The Central Government has time and again reiterated that it will unswervingly implement the policy of one country, two systems' and make sure that it is fully applied in Hong Kong without being bent or distorted. 

 

“How to implement the policy in the HKSAR - an inalienable part of the People's Republic of China (BL Article 1) and a local administrative region of the People's Republic of China which shall enjoy a high degree of autonomy and come directly under the Central People's Government (BL Article 12) - are entirely internal affairs of the People's Republic of China.

 

“No other state has the right to intervene, directly or indirectly, in those internal affairs.”

 

The statement noted Hong Kong people enjoy extensive rights and freedoms which are enshrined in the Basic Law. Basic Law Article 4 states that the HKSAR shall safeguard the rights and freedoms of the residents and of other persons in the region in accordance with law. 

 

“In addition, human rights and freedoms in Hong Kong are fully protected by the Hong Kong Bill of Rights Ordinance and other legislation, and underpinned by an independent judiciary."

 

The SAR Government said it always respects and protects human rights and freedoms. Any allegation that there has been an erosion in freedoms enjoyed by Hong Kong people is unfounded.

 

However, these rights are not absolute. As pointed out by the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020: "It is important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties."

 

There are clear limits in the law as to the exercise of these rights. When the law is broken, action will be taken in accordance with the criminal justice system.

 

"We therefore take great exception to comments made by officials and politicians in foreign countries concerning the recent arrests and prosecution of a number of persons for organising and participating in unauthorised assemblies in Hong Kong. 

 

“The allegation by some that those arrests amounted to an attack on Hong Kong's freedoms and a breach of the BL is absurd and can hardly stand the test of any law-abiding jurisdiction," the statement emphasised.

 

It also pointed out that Basic Law Article 63 provides that "The Department of Justice of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference." 

 

Prosecutors have always been discharging this constitutional duty independently and professionally, without fear or favour. Prosecutorial decisions are based on an objective assessment of all admissible evidence and applicable laws, made strictly in accordance with the Prosecution Code which is available to the public.

 

Cases will not be handled any differently owing to the political beliefs or background of the persons involved.

 

When law enforcement agencies have completed their investigation, they would seek legal advice from the Department of Justice. The prosecutors would carefully consider the investigation reports and relevant materials submitted. A prosecution would only be commenced if the prosecutor is satisfied that there is sufficient admissible evidence to support a reasonable prospect of conviction.

 

In short, the well-established procedures of Hong Kong's criminal justice system include the independent investigations by law enforcement agencies, the independent prosecutorial decisions based on the objective assessment of evidence, applicable laws and in accordance with the Prosecution Code, and finally, open trials by an independent judiciary. 

 

"The guarantee of judicial independence is explicitly set out in the BL and the quality of the judgments of our courts contributes to the much respected judiciary and rule of law in the HKSAR.

 

"We therefore note with abhorrence certain overseas politicians' request that the HKSAR Government should drop the charges against the arrested individuals. If we were to accede or to be seen to yield to such unreasonable demands, we would not only be unfair and unprofessional but would also act in violation of the spirit of the rule of law – a core value in Hong Kong," the statement added.

 

The SAR Government remains steadfast to uphold the rule of law. The latest Rule of Law Index 2020 released by the World Justice Project, in which Hong Kong maintains its ranking as No. 5 in the East Asia and Pacific Region and No. 16 globally, several places ahead of the United States, has clearly affirmed Hong Kong's commitment.

 

On legislating for Basic Law Article 23, the statement said, "The HKSAR Government has the constitutional duty to ensure that the necessary legislation is in place to safeguard national security.

 

“Having laws in place to protect national security is common in many jurisdictions, and we do not see how any defence of sovereignty and security by a jurisdiction would impact on its local and overseas investment. 

 

“Coincidentally, it is relevant to note security issues arising from the social unrest last year were part of the causes affecting Hong Kong's score under 'Investment Freedom' according to the US-based Heritage Foundation 2020 Index of Economic Freedom."

 

As regards enquiries about the role of the Hong Kong & Macao Affairs Office of the State Council (HKMAO) and the Liaison Office of the Central People's Government (LOCPG) in the HKSAR, they represent the Central People's Government to which the HKSAR comes directly under pertaining to Basic Law Article 12. 

 

These offices have the power and responsibility over the proper and full implementation of the Basic Law and "one country, two systems" in Hong Kong.

 

It is therefore clearly legitimate for the HKMAO and LOCPG to recently express their concerns over the prolonged paralysis of the Legislative Council House Committee, thereby hindering LegCo's performance of its legislative functions under the Basic Law.

 

"Any suggestion that those legitimate remarks by the HKMAO and the LOCPG amount to interference only illustrates an ignorance of the constitutional order of the HKSAR and its relationship with the Central Authorities," the SAR Government added.

To align with the phased resumption of public services, the Information Services Department, Government Records Service and Civil Aviation Department have announced their latest arrangements.

 

The Information Services Department will resume sales counter services at its Publications Sales Unit and Photo Library at North Point Government Offices from May 4.

 

The sales office will be open from 9am to 12.30pm and from 2pm to 6pm from Monday to Friday.

 

To reduce social contact and avoid people gathering, citizens are encouraged to purchase government publications and photos through the online bookstore and photo store.

 

The Government Records Service's Public Records Office will provide search room services, including onsite loan and circulation services, from Monday to Friday, 9am to 5.45pm, for people who have made reservations through the online catalogue.

 

The office will also resume search room services from 9am to 1pm on Saturdays for people to inspect holdings which have been reserved online. 

 

Requests by up to 15 users will be accepted for search room services for each open day on a first-come, first-served basis. Users will be notified of the reservation results by email.

 

Visitor and public education programmes will continue to be suspended, while the Exhibition Hall at the Public Records Building will be temporarily closed for preparation of the new thematic exhibition until further notice.

 

Enquiries can be made to 2195 7700 or via email.

 

The Civil Aviation Department’s Personnel Licensing Office will continue to provide counter services from next Monday and resume relevant licensing examinations.

 

The office's opening hours are 8.45am to 12.45pm and 1.45pm to 5pm, Monday to Friday. Enquiries can be made to 2910 6046 or via email.

 

Click here for the latest public service arrangements.