Appointment to Law Reform Commission

The following is issued on behalf of the Law Reform Commission:
 
     The Law Reform Commission (LRC) today (September 27) announced that Mr Justice Andrew Cheung Kui-nung, Chief Judge of the High Court, has been appointed by the Chief Executive as a new member of the LRC for three years with effect from October 1, 2018.
 
     Mr Justice Cheung will replace Mr Justice Robert Tang Kwok-ching, permanent judge of the Court of Final Appeal, who has completed two three-year terms as an LRC member.
 
     Mr Justice Cheung will also become a permanent judge of the Court of Final Appeal with effect from October 25, 2018. The LRC believes that his expertise and experience as a senior judge will benefit the LRC in law reform.
 
     The Secretary for Justice, Ms Teresa Cheng, SC, who is also Chairman of the LRC, thanked Mr Justice Tang for his valuable contribution and advice to the LRC over the years.
 
     With this latest appointment, the LRC will comprise the following members:
 
Secretary for Justice (Chairman)
Mr Eugene Fung, SC
Professor Lin Feng
Ms Christine Fang
Mr Robert Y H Pang, SC
Professor Michael Hor
Professor Christopher Gane
Mr Allan Leung
Ms Alexandra Lo
Ms Melissa Wu
Mr Justice Andrew Cheung Kui-nung
The Chief Justice of the Court of Final Appeal (ex-officio member)
The Law Draftsman (ex-officio member)




Tsuen Wan Sports Centre to open on October 11 (with photos)

     Tsuen Wan Sports Centre, under the management of the Leisure and Cultural Services Department (LCSD), will open for public use on October 11 (Thursday). With a total area of about 12 000 square metres, the new sports centre not only provides a wide range of leisure and sports facilities for members of the public, but is also a well-equipped indoor venue for staging sport competitions.

     The sports centre features a multi-purpose main arena on the second floor, with seating capacity for about 1 900 persons. The arena can be used as one basketball court or one volleyball court or four badminton courts. Ancillary facilities, such as a doping control room, are also available to facilitate the hosting of major local, regional and international sports events. A secondary hall with seating capacity for nearly 200 persons located on the ground floor can serve as a warm-up area, or be used as one basketball court or one volleyball court or four badminton courts.

     Furthermore, the sports centre provides Tsuen Wan District's first children's play room, with the ocean as the theme, as well as the first outdoor climbing wall in the district for sport climbing lovers to practise their skills on the 15-metre-high wall. Other facilities include a table-tennis room, multi-purpose activity rooms, dance rooms and a fitness room.

     Adjacent to Tsuen Wan Park, the sports centre is conveniently located at 53 Wing Shun Street, Tsuen Wan, and easily accessible by the MTR West Rail Line, bus or minibus. It will open from 7am to 11pm daily, except on the first and third Thursday of every month when it will be closed from 7am to 1pm for regular maintenance.

     Members of the public can reserve the facilities of the sports centre from October 1 via the Leisure Link computerised booking system, booking counters or self-service kiosks in accordance with the LCSD's booking procedure for leisure and sports facilities. For enquiries, please contact the venue staff at 2392 9570, or visit the LCSD website.

Photo  Photo  Photo  Photo  Photo  



LD launches exhibition on Employment Ordinance and Minimum Wage Ordinance

     Members of the public are invited to visit an exhibition on the Employment Ordinance and the Minimum Wage Ordinance organised by the Labour Department in Tsuen Wan on September 29 and 30.

     The exhibition will feature the main provisions of the Employment Ordinance and the Minimum Wage Ordinance, as well as good human resource management measures and the employment rights and benefits for foreign domestic helpers. Related publications and souvenirs will be distributed and promotional videos will be shown.

     The exhibition will be held at the Atrium, G/F, Belvedere Square of Belvedere Garden Phase 3, 625 Castle Peak Road, Tsuen Wan, from 11am to 6pm. Admission is free.




Transcript of remarks by FS at media session

     Following is the transcript of remarks by the Financial Secretary, Mr Paul Chan, at a media session after attending the 10th Hong Kong Institute of Bankers Banking Conference this morning (September 27):

Reporter: Mr Chan, what's the impact of the rate hike and the expectations on the Hong Kong economy as well as the property market? Do you have any concerns, and especially coupled with the effect of the protectionist trade tariffs concerns?

Financial Secretary: This time round is the eighth interest rate hike in the US since its normalisation. In the last two rounds of rate hike in March and June respectively, the interbank interest rates has risen, impacting mortgage payments. It is highly probable that in this time round the interest rates in Hong Kong will rise, and according to the report after the conclusion of the FOMC (Federal Open Market Committee) meeting yesterday, there is a high possibility of another interest rate hike in December. And there will be additional rounds of rate hike in 2019, given the very strong economy in the US, underpinned by a very low unemployment rate. So the super-low interest rate environment in Hong Kong probably will finish. Going forward, interest rates will go up.

     The impact on our asset market has yet to be seen, but this poses high risks to the asset market, because of the interest rate burden, because of the uncertainties brought about by the escalating trade conflicts between the US and China, as well as the external uncertainties like the situations in some emerging markets and in Europe, in particular Brexit. So I would urge investors to exercise caution in managing their investment and risks.

(Please also refer to the Chinese portion of the transcript.)




Illegal worker jailed

     A Bangladeshi illegal worker holding a recognisance form was jailed by Shatin Magistrates' Courts yesterday (September 26).

     During a joint operation conducted by the Immigration Department (ImmD) and the Hong Kong Police Force codenamed "Champion" on June 20, one male Bangladeshi illegal worker, aged 25, was arrested in Mong Kok. When intercepted he was conveying goods. Upon identity checking he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking employment. Further investigation revealed that he was a non-refoulement claimant. An employer suspected of employing the illegal worker was arrested and the legal proceedings are ongoing.

     The illegal worker was charged at Shatin Magistrates' Courts yesterday with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. He pleaded guilty to the charge and was sentenced to 16 months and 26 days' imprisonment.

     The ImmD spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months' imprisonment should be applied in such cases.

     The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.

     Under the existing mechanism, the ImmD will, as a standard procedure, conduct initial screening on vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation, with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threat and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent interference, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments.