Naoya Hiramatsu and Ryo Takahashi
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Abstract, references and article information

Alexander J. Rasmussen
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Abstract, references and article information

Chuanan Wei
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Abstract, references and article information

Sara Maloni and Frédéric Palesi
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Abstract, references and article information

Secretary for Justice Teresa Cheng today refuted suggestions that the law prohibiting group gatherings to combat the COVID-19 epidemic was being misused to crack down on protests and people's freedoms.

During a media session, Ms Cheng responded to criticisms from some legislators that Police were abusing the measure to clamp down on protests.

She said: “The Government respects and protects the freedoms that are set out in our laws, Basic Law and the Hong Kong Bill of Rights Ordinance. However, these freedoms are not absolute. Insofar as they violate the laws, then of course appropriate actions will have to be taken.”

The Government had earlier introduced the Prevention & Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G) to prohibit group gatherings with more than four people in public places with a view to combating COVID-19.

The regulation was made in accordance with the Prevention & Control of Disease Ordinance (Cap. 599).

“Cap. 599G is enforced under Cap. 599 as a matter of the public health emergency situation that is facing Hong Kong at the moment. It is promulgated to encourage social distancing. It is not with any other motive except for the safety and health of the people in Hong Kong.

“I hope that you will all comply with it in spirit and in form, so that you will not gather and thereby extend Hong Kong's position in this public health emergency situation. That is the only way by which we can get back to normal life as soon as possible.”

In response to a reporter's question on the relevant provisions in the Basic Law that pertain to the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region, Ms Cheng remarked that the liaison office must also comply with Hong Kong laws.

“The Central People's Government as defined in the Constitution Law is actually the State Council, and therefore when one looks at the whole thing about the Constitution Law, Article 5 of the Constitution Law states unequivocally that every body that is set up will have to comply with the relevant laws and the Constitution Law.

“In other words, the liaison office will have to obey and comply with the laws in Hong Kong.”

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.

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.

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Police today said it is highly concerned about recent criminal offences involving police officers and that a number of these officers have been arrested.

Among them, officers in connection with serious offences have been or will be interdicted.

The force said it is furious and disappointed about the officers who are suspected of having breached the law and that the incidents have impaired public confidence in Police.

Police attach the utmost importance to the discipline and integrity of officers.

All officers, irrespective of their ranks, must abide by the law at all times.

Police management has zero tolerance towards any acts that breach the law or discipline by police officers, it added.

The force also said it attaches great importance to the integrity of its officers.

The Complaints & Internal Investigations Branch formulated the Integrated Integrity Management Framework to promote integrity and honesty among officers as well as to regulate their discipline and conduct.

To avoid similar incidents, Police said its management is reviewing the force’s internal management strategy.

Police reiterated that no bad element in the force can be tolerated.

If an officer is suspected of having breached the law or committed a breach of discipline, Police will conduct an investigation according to the established mechanism and take appropriate actions.

There have been arrests, prosecutions and convictions of youngsters and students resulting from the social unrest since June last year. Recently, explosives and chemicals were found by Police. It would be catastrophic if they were used for unscrupulous purposes. Some of the youngsters might have been mistakenly led to believe that use of violence should be considered as a means to achieve their aspirations. However, I hope that they appreciate that law-breaking behaviour would always have legal consequences.

It is very troubling to see from the media reports that underage children or students are taking part in unlawful activities and even getting involved in violence. In so doing, they would not only put their own and others' safety at risk, but could also be arrested and prosecuted resulting in criminal records upon convictions. Their future in education and employment would inevitably be affected.

There are misleading suggestions that all young offenders would only be cautioned under the Police Superintendent's Discretion Scheme without criminal records. One must understand that Police, in deliberating whether to administer a caution, have to take into account a number of factors, such as whether the juvenile offender was under the age of 18 at the time of committing the offence; the seriousness and nature of the offence; whether the offender voluntarily and unequivocally admits the offence; whether the offender is remorseful and so on. Therefore, the scheme does not apply to all young offenders indiscriminately.

Similarly, bind over orders are only appropriate for first-time offenders involving minor offences and they have to be agreed by the courts. Under the bind over arrangement, offenders are required to admit the wrongdoings and are admonished in an open court. They also need to give an undertaking to the court to be of good behaviour. Imprisonment might be imposed for breaching the undertaking. Before agreeing to such a procedure on specified conditions, the prosecution has to give considerations to various factors including the age of the offender, criminal record, and attitude of the offender such as remorsefulness and so on.

There are also comments that prosecutions against young offenders should be withdrawn on the basis of public interest. I have to stress again that the Department of Justice (DoJ) must strictly make our prosecutorial decisions in accordance with admissible evidence, applicable laws and the Prosecution Code. The non-exhaustive list of considerations to be addressed when making assessment in considering public interest, including those applicable to juvenile offenders, were set out in 5.9 and 15.4 of the Prosecution Code, which include the nature of the offence, the seriousness of the offence, the criminal history of the suspect, remorsefulness of the suspect and the sentencing options available to the court and so on. Prosecutors should follow the above principles in making their decisions and must not withdraw charges unjustifiably under the pretext of public interest.

In considering the above arrangements, the DoJ has to carefully examine the circumstances of each case in an objective manner and strictly in accordance with the established principles. A decision cannot be made solely based on the age of the offenders. Their legal representatives are not only duty bound to inform them of their rights but also have an obligation to remind them of the legal consequences and the availability and considerations in relation to the above arrangements.

As observed by Lord Diplock, "[t]he acceptance of the rule of law as a constitutional principle requires that a citizen, before committing himself to any course of action, should be able to know in advance what are the legal consequences that will flow from it". Every member of the public must be aware that one has to bear the legal responsibility resulting from law-breaking behaviour. I sincerely hope that every one, in particular the youngsters, should exercise their independent thinking and judgement, and, more importantly, stay away from violence and not commit mistakes that might ruin their lives in the future.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on May 9.

17 individuals in the mathematical sciences are among the 126 new members and foreign associates elected to the National Academy of Sciences (NAS) in 2020.

Members: Ivet Bahar, University of Pittsburgh School of Medicine; Abhijit Banerjee, Massachusetts Institute of Technology; Gerard Ben Arous, Courant Institute of Mathematical Sciences, New York University; Bonnie Berger, Massachusetts Institute of Technology; Laura G. DeMarco, Northwestern University; Ronald Fagin, IBM Almaden Research Center; Katherine Freese, The University of Texas at Austin; Dennis Gaitsgory, Harvard University; Robert L. Griess, University of Michigan, Ann Arbor; Jacob Lurie, Institute for Advanced Study; Terence T. Hwa, University of California, San Diego; Wilfried Schmid, Harvard University; Jeffrey D. Ullman, Stanford University; Lai-Sang Young, Courant Institute of Mathematical Sciences, New York University; and Ofer Zeitouni, Weizmann Institute of Science; Foreign Associates: Yoav Benjamini, Tel Aviv University (Israel) and Jürg Fröhlich, ETH Zurich (Switzerland). Berger, DeMarco, Griess, Schmid, and Zeitouni are members of the AMS and Fellows of the AMS. Fagin is a member of the AMS.

The NAS recognizes achievement in science by election to membership, and—along with the National Academy of Engineering and the National Academy of Medicine—provides science, engineering, and health policy advice to the federal government and other organizations. See the full list of this year's honorees. (Image courtesy of the National Academy of Sciences.)

Below, Mac Hyman, Tulane University, talks about types of mathematical models--their strengths and weaknesses--the data that we currently have and what we really need, and what models can tell us about a possible second wave.

At the beginning of the video, he thanks the mathematics community for its work, and near the end says, "Our mathematical community is really playing a central role in helping to predict the spread, and help mitigate this epidemic, and prioritize our efforts. …Do not underestimate the power that mathematics can have in helping to mitigate this epidemic—-we have a role to play."

See the full set of videos on modeling COVID-19 and see media coverage of mathematics' role in modeling the pandemic.