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     The Secretary for Justice, Ms Teresa Cheng, SC, continued her visit to London, the United Kingdom, yesterday (June 14, London time) and met with key players in different sectors to promote Hong Kong’s legal and dispute resolution services.

     ​At a roundtable discussion with Asia House’s corporate members in the morning, Ms Cheng spoke on Hong Kong’s role as the deal making and dispute resolving hub under the Belt and Road Initiative.  

     Ms Cheng said that the Initiative provides vast opportunities.  Under the Initiative, Hong Kong can assume a more proactive role in connecting the Mainland and the rest of the world in terms of trade and investment.  Hong Kong, with a robust common law system which is familiar to the international business community and an independent judiciary, is well placed to serve as a centre for deal making and dispute resolution. 

     In the afternoon, Ms Cheng met with the President and Principal of King’s College London, Professor Edward Byrne, and the Executive Dean of the Dickson Poon School of Law at King’s College London, Professor Gillian Douglas. Ms Cheng also shared her views with participants including students of King’s College London and other universities on the opportunities for Hong Kong in the international arena. 

     She introduced Hong Kong’s unique advantages under the “one country, two systems” policy and the latest development of arbitration and mediation in Hong Kong.

     ​Ms Cheng also visited Gray’s Inn to give a talk on the development and future of dispute resolution in Hong Kong. She said it is the steadfast policy of the Hong Kong Special Administrative Region Government to consolidate Hong Kong’s position as an international legal and dispute resolution services centre in the Asia Pacific region. She further outlined the opportunities brought about by the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Bay Area development, and Hong Kong’s measures to promote the city’s dispute resolution services.

     Earlier in the day, Ms Cheng attended a breakfast briefing with the All Party Parliamentary China Group. She briefed the participants on the latest developments in Hong Kong, highlighting that Hong Kong has been committed to upholding the rule of law and judicial independence.

     ​Ms Cheng will call on the Law Society today (June 15, London time) before departing for Hong Kong in the afternoon.

        

     The Chief Executive, Mrs Carrie Lam, started her visit programme in Europe after arriving in Brussels, Belgium yesterday (June 14, Brussels time).
 
     Mrs Lam started the day by calling on the Chargé d’affaires of Chinese Embassy in Belgium, Mr Zhang Chi, to express her heartfelt thanks to the embassy for its continuous support in various exchanges between Hong Kong and Belgium as well as for offering consular assistance to Hong Kong people in need.
 
     Next, Mrs Lam met with the Vice President of the European Commission and High Representative of the Union for Foreign Affairs and Security Policy, Ms Federica Mogherini. She said that since the return to the Motherland, Hong Kong has successfully implemented “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy. Hong Kong people’s freedom and rights are safeguarded under the Basic Law, and the rule of law and judicial independence are as robust as ever. She noted that Hong Kong has close ties with the European Union with a Structured Dialogue being held every year. She expressed the hope that collaboration between Hong Kong and the European Union will continue to strengthen, and in particular welcomed scientific and research institutions from the European Union to develop in Hong Kong. 
 
     Mrs Lam then attended a business luncheon co-organised by the European Chamber of Commerce in Hong Kong and the Hong Kong Economic and Trade Office in Brussels. In her speech, she briefed the guests attending the lunch on the growing and evolving relations between Hong Kong and the European Union. She said that Hong Kong is determined to become a global hub for innovation and technology and play an important role in the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Bay Area Development. She welcomed European enterprises and start-ups to establish a presence in Hong Kong and ride on its unique advantages to explore business opportunities in Mainland China and Asia.
 
     Attendees of the lunch included Belgian Deputy Prime Minister cum Minister of Foreign Affairs, Foreign Trade and European Affairs, Mr Didier Reynders, and European Commissioner for Trade, Ms Cecilia Malmström. Didier Reynders said in his speech that Belgian companies continue to appreciate Hong Kong as one of the freest economies in the world, based on the rule of law, independent judiciary, free flow of information and as an important connector to Mainland China. He said that these elements underpin the strong relation between Hong Kong and Belgium as well as the European Union. Cecilia Malmström said that Hong Kong is one of the most important partners of the European Union in the Asia-Pacific region. She praised Hong Kong’s openness, and described Hong Kong as one of the most significant financial centres and trade ports in the world. She appreciated Hong Kong’s support for the strengthening of the multilateral trading system, and looked forward to working together with Hong Kong to advocate the benefits of open global trade.
 
     In the afternoon, Mrs Lam had audience with HM King Philippe of the Belgians at the Royal Palace, and briefed him on Hong Kong’s latest developments. 
 
     Mrs Lam later paid a visit to Musée Margritte. Opened in 2009 and located in the heart of Brussels, the museum brings together the world’s largest collection of the renowned Belgian surrealist artist René Magritte. She said to the director of the museum that the renovated Hong Kong Museum of Art and the M+ Museum in the West Kowloon Cultural District will become world-class museums in the future. She looked forward to working with Musée Margritte to bring its collection of art works to Hong Kong for exhibition.
 
     In the evening, Mrs Lam officiated at the cocktail event organised by Cathay Pacific Airways (CX) with the support of the Airport Authority Hong Kong. She briefed the attendees on Hong Kong’s role as an aviation hub of the region, and congratulated CX for launching direct services between Hong Kong and Brussels since March, which she believed will promote trade and business as well as cultural exchange between the two places.
 
     Mrs Lam will continue her visit to Brussels today (June 15, Brussels time).

                      

     The Chief Executive, Mrs Carrie Lam, welcomed the passage of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Bill by the Legislative Council today (June 14), signifying a big step towards the target of the commissioning of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (XRL) in September this year.

     “The passage of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Bill marks the basic completion of the ‘Three-step Process’ of the co-location arrangement at the XRL West Kowloon Station. It provides a sound legal basis for the co-location arrangement, fully unleashing the transport, economic and social benefits of the XRL. I would like to extend my heartfelt thanks to the legislators who supported the passage of the bill, and to the Central Government and different sectors of the community for supporting the implementation of the co-location arrangement.

     “The Hong Kong Special Administrative Region Government and the MTR Corporation Limited are pressing ahead at full speed with the preparatory work with a view to commissioning the Hong Kong Section of the XRL in September this year to connect with the 25 000-kilometre national high-speed rail network, enabling members of the public to enjoy the convenience of the XRL,” Mrs Lam said.

     After the commissioning of the Hong Kong Section of the XRL, people will be able to take direct trains to the four short-haul stations, namely Futian, Shenzhen North, Humen and Guangzhou South, realising the “one-hour living circle” in the Guangdong-Hong Kong-Macao Bay Area. It will also connect to 14 cities including Beijing, Shanghai, Fuzhou, Xiamen and Guilin by direct long-haul trains, bringing Hong Kong people greater convenience for business, visiting relatives, study and travel.

     The Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance will be gazetted on June 22 and come into operation on a day to be appointed by the Secretary for Transport and Housing by notice published in the Gazette. read more

     In response to media enquiries on a case of suspected alteration of registered squatters in Shek Wu Wai San Tsuen, Yuen Long, a spokesperson for the Lands Department (LandsD) said today (June 14) that the Department will follow up the case seriously. If it is found that the squatters are inconsistent with relevant registration records, squatter control actions will be taken.

     Concerning the case, LandsD’s follow-up actions are as follows:

​     There are six surveyed squatter structures(SSSs) involved in the case which are located on private agricultural land in Demarcation District 105, Lot No. 822, Yuen Long. In October 17, 2017, Squatter Control/New Territories East (2) Office of LandsD (SCO) received enquiry from land owner of the concerned lot about Squatter Control Survey Records (SCSR) of the SSSs. Then in February 21, 2018, SCO received a complaint about suspected unauthorised re-building of SSSs. The SCO staff immediately conducted site inspection. However, the SSSs were enclosed by fence and gate. Inspection inside the SSSs has yet to be conducted as the land owner and/or occupiers cannot be reached. Letters were posted on the site requesting the land owner and/or occupiers to contact SCO staff. The SCO staff have conducted several subsequent inspections but could not enter the premises for detailed investigation. To further confirm the situation of SSSs, SCO will continue to contact the land owner and follow up on the matter closely.

     The LandsD will continue to follow up the case. If it is found that the squatters are inconsistent with relevant registration records, the corresponding squatters survey number will be cancelled and squatter control actions will be taken. If there is evidence showing that any new extension has been completed after the announcement of strengthened squatter control measures on June 22, 2016, actions will be taken by the LandsD to cancel the squatter survey number instantly and action will be taken to demolish the whole unauthorised structure on government land without giving any opportunity to rectify. Similarly, if the newly extended structure sits on private land and is in breach of the lease conditions of the private agricultural land, the LandsD will immediately take lease enforcement actions.

     The spokesperson said that under the prevailing squatter control policy, squatter structures surveyed during the 1982 Squatter Control Survey (SCS) were allocated squatter survey numbers, but they remain unauthorised in nature and are only “tolerated” on a temporary basis. By nature any surveyed squatter structure on government land is unauthorised occupation of government land and any surveyed squatter structure on private agricultural land is an unauthorised structure on private agricultural land. Such “tolerance” does not create any legal rights or interests or obligations, and does not confer on any person the right of occupation of land. Under the squatter control policy, any extension, change of use, rebuilding without prior approval or alteration with materials that do not conform to the record in the 1982 SCS is not allowed. A SSS not complying with the aforementioned requirements will lose the status of a SSS and its SCS Record will also be cancelled.

     The spokesperson reminded the public that prior to purchasing or renting any structures or land with structures erected thereon, attention must be paid to whether there is legal title in relation to the relevant structures or land and whether the structures or land have breached the land lease or the law. They should also make enquiry on the relevant land lease provisions and information with the Land Registry and seek independent legal advice where necessary. As the occupant holds no legal title to a surveyed squatter structure, the purchase or renting of the structure is not protected by law. Erecting structures on Government Land without permission in advance may even violate the law and face criminal liability accordingly. read more

     In response to the conduct of some members of the public which might constitute contempt of court, a spokesman for the Department of Justice (DoJ) gave the following response today (June 14):

     The DoJ reminds the public to respect the rule of law and judicial independence, the latter being one of the most important facets of the rule of law. Whilst members of the public is entitled to, within the permissible legal boundaries, to express one’s  opinion rationally or engage in informed discussions about the court’s decision and related matters, this has to be done within the limit permitted by the law and with respect for judicial independence. Personal or scandalous attacks or insulting comments on judges or acts undermining judicial independence or in contempt of court are absolutely forbidden. It is to be remembered that an accused is entitled to lodge an appeal against sentence if he is dissatisfied with it.

     In respect of the conduct of some members of the public against Madam Justice Anthea Pang which might constitute contempt of court, the DoJ has already referred the matter to the relevant law enforcement agency to follow up. Hence, it is inappropriate for the DoJ to make any further comment at this stage. The DoJ will work closely with the law enforcement agency, consider the case fairly and in accordance with the Prosecution Code, the applicable legal principles and relevant evidence.

     The Judge’s reasoning for the sentence of the case (HCCC 408/2016) is now available on the Judiciary’s website (legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=115698&QS=%2B&TP=JU) (Chinese version only) for public reference. read more