image_pdfimage_print

Author Archives: hksar gov

Employment agency convicted of unlicensed operation

     The Labour Department (LD) reminds any person who wish to operate an employment agency (EA) to be properly licensed before operation or he/she may face prosecution.

     The above reminder follows the conviction of a company, which was fined $20,000 at Fanling Magistrates’ Courts today (June 4), for operating an EA without a valid licence (in Fanling under the business name Sincere Honest Employment Centre Limited).

     In August 2018, the Employment Agencies Administration (EAA) of the LD received a complaint against the company concerned from an employer seeking to engage a foreign domestic helper. Since the investigation revealed sufficient evidence that the operator had operated an EA without a licence and that the complainant was willing to act as prosecution witness, the LD had taken out prosecution against the operator.

     According to the law, any establishment or person operating a business in Hong Kong for the purpose of obtaining employment for another person or supplying personnel to an employer is subject to the regulation of Part XII of the Employment Ordinance (EO) and the Employment Agency Regulations. Irrespective of the modus operandi or the job types involved, all EAs must obtain a licence issued by the LD before undertaking any EA activities.

     LD reminds EAs to operate in full compliance with the law as well as the Code of Practice for Employment Agencies at all times. Failure to do so may lead to prosecution and possible revocation of licences. The Employment (Amendment) Ordinance 2018 enacted on February 9, 2018 has raised the penalty for the offences of unlicensed operation of EAs and overcharging job-seekers commissions to a maximum fine of $350,000 and imprisonment for three years.

     For complaints about unlicensed operation or overcharging of commissions by EAs, please call EAA of the LD at 2115 3667 or visit its office on Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon. read more

Transcript of remarks by S for S and Law Officer (International Law) on Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019

     Following is the transcript of remarks by the Secretary for Security, Mr John Lee, and the Law Officer (International Law) of the Department of Justice, Mr Paul Tsang, at a media session after attending the Legislative Council (LegCo) Panel on Security meeting today (June 4):

Reporter: Could you just clarify whether the Chief Executive has the power to reject the Central Government’s order to extradite a particular person under Article 24 of the extradition bill related to issues such as national defense as well as diplomacy?         

Secretary for Security: If you look at the provision under Section 24 (of the Fugitive Offenders Ordinance), actually there are several steps. The Central Government is on notification by the Hong Kong SAR (Special Administrative Region) Government. After the notification, after the due process has been completed, of course, we will also have to report to the Central Government about the Chief Executive’s decision to surrender a particular fugitive. After all these steps, according to Section 24, the Central Government can issue a directive to the Chief Executive if there are things that have serious impact on foreign affairs (or defence). But it will only happen on notification by, first of all, the Hong Kong SAR Government, so this is a procedure that will happen after the first step of notification. If the Hong Kong SAR Government does not notify because the Hong Kong SAR Government does not consider this is a case worth dealing with, then there is no notification given to the Central Government. So Subsection 3 of Section 24 in which the Central Government can give directive would not happen.            

Reporter: Mr Lee, in effect, can you confirm to us that with this clause, it is only giving the Central Government a veto power to an extradition case. But it does not reverse, as your colleague said trumped any decision by Hong Kong government and the Judiciary whether it is a veto power only?       
 
Secretary for Security: I think since we have explained it many times, maybe I ask our legal expert to answer your question. 
 
Law Officer (International Law): Under Section 24 (3), the CPG (Central People’s Government) does have the power to give an instruction to the Chief Executive to do or not to do a surrender. That’s expressly provided for in the section.
 
(Please also refer to the Chinese portion of the transcript.) read more

Four kinds of canned coffee beans under recall

     The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department today (June 4) announced that four kinds of canned coffee beans imported from the United States (US) are being recalled regardless of batches, as the coffee beans might eject from the can when opened, causing injury. The CFS urged the public not to open the affected products. The trade should also stop using or selling the affected products immediately if they possess them.
      
     Product details are as follows: 
 
(1) Product name: Hayes Valley Espresso Whole Bean Coffee
Brand: BLUE BOTTLE COFFEE
Place of origin: US
Net weight: 6 ounces/170 grams per can
 
(2) Product name: Bella Donovan Whole Bean Coffee
Brand: BLUE BOTTLE COFFEE
Place of origin: US
Net weight: 6 ounces/170 grams per can
 
(3) Product name: Three Africas Whole Bean Coffee
Brand: BLUE BOTTLE COFFEE
Place of origin: US
Net weight: 6 ounces/170 grams per can
 
(4) Product name: Night Light Decaf Whole Bean Coffee
Brand: BLUE BOTTLE COFFEE
Place of origin: US
Net weight: 6 ounces/170 grams per can 

     A CFS spokesman said, “The CFS, through its Food Incident Surveillance System, noted that all batches of the above-mentioned products were under recall by the manufacturer as the coffee beans might eject from the can when opened, which might cause injury. Upon learning of the incident, the CFS immediately contacted local major importers and retailers for follow-up.” 

     The spokesman said that preliminary investigation found that a local importer, City Super Limited, had imported a total of about 1 100 cans of the above four affected products into Hong Kong and some of them were distributed for sale at its chain supermarkets. The importer concerned has removed from shelves and stopped sale of the affected products, and initiated a recall according to the CFS’ instructions. Members of the public may call the importer’s hotline 2736 3866 during office hours for enquiries.
      
     The spokesman urged members of the public not to open the affected products if they have bought any. The trade should also stop using or selling the products concerned immediately.
      
     The CFS will alert the trade to the incident, continue to follow up and take appropriate action. Investigation is ongoing. read more