Police launch videos and micro-movies to promote anti-drug messages (with photos/video)

     In view of the surge of drug-related cases involving youngsters, which has aroused concerns among various sectors of the community, the Narcotics Bureau of the Hong Kong Police Force will launch a series of short videos and micro-movies starting from today (January 26) to remind youngsters to stay vigilant against the lure of taking drugs and taking part in illegal acts related to drugs, and to promote anti-drug and law-abiding awareness among juveniles. 
      
     The whole series comprises six educational videos, covering six types of common drugs including cannabis, cocaine, ketamine, ice, heroin and ecstasy, will illustrate the harmful effects of drug abuse through animations. These six short videos will be published on the Police's social media platforms every Wednesday from today, while the first episode launched today has highlighted the harmful effects of abusing ketamine. By incorporating the real cases in the micro-movies and promotional videos, the Police, in collaboration with the Correctional Services Department and the Hong Kong Federation of Youth Groups, will interview a youngster who was sentenced for drug trafficking and her family, so as to make the public understand the heavy price to pay for committing drug trafficking.
      
     In addition, this series of short videos and micro-movies will be distributed to local and international schools, parent-teacher associations, non-governmental organisations and community stakeholders, with a view to letting the young people and the general public have a better understanding of the serious consequences of drug abuse and drug trafficking.
      
     The Police will continue to strengthen cooperation with different stakeholders in the society, devote more resources to various anti-drug education and publicity campaigns, and convey anti-drug messages to the general public, especially the youth, with an aim to let the youngsters recognise the harmful effect of drug abuse and make wise decisions to fight against drugs.

Photo  Photo  



Update on monitoring COVID-19 vaccination

     In the preceding week till 11.59pm on January 23, the Department of Health (DH) received 65 reports (Note 1) of adverse events following COVID-19 immunisation. No death case was reported by the Hospital Authority (HA) involving individuals who had received vaccines within 14 days before they passed away and had potential association with vaccination.

     As at 8pm on January 23, over 10.79 million doses of COVID-19 vaccines had been administered for members of the public. Around 5.25 million people had received at least one dose of vaccine, accounting for 77.9 per cent of the population aged 12 or above. The DH received 6 793 reports (Note 1) of adverse events (0.06 per cent of the total vaccine doses administered). Among the death cases concerning persons who had been vaccinated, including 61 cases (Note 2) with vaccination within 14 days before they passed away (0.0006 per cent of the total vaccine doses administered), none of the death cases was associated with vaccination.

     As at January 23, the Expert Committee on Clinical Events Assessment Following COVID-19 Immunisation had concluded that 38 death cases had no causal relationship with vaccination, and preliminarily considered that 15 cases were not associated with vaccination. Eight cases are still pending further information for assessment. The Expert Committee considered that there is no unusual pattern identified so far, and will continue to closely monitor the relevant situation and collect data for assessment.        

     According to information from the HA, during the period from December 27, 2021, to January 23, 2022, the ratio of death cases out of those without a vaccination record was 156.5 cases for every 100 000 people, whereas the ratio of death cases for those with a vaccination record was 10.2 cases for every 100 000 people. The overall death rate is similar to that recorded in the past three years. Out of those without a vaccination record, the ratio of death cases with acute stroke or acute myocardial infarction was 7.5 cases for every 100 000 people, whereas the ratio of death cases under the same category for those with a vaccination record was 0.9 cases for every 100 000 people. Furthermore, the ratio of miscarriage cases out of those without a vaccination record was 36.7 cases for every 100 000 people, whereas the ratio of miscarriage cases for those who had a vaccination record was 11.5 cases for every 100 000 people. Based on the statistical analysis of the above figures, there is no evidence that vaccination increases the risk of death or miscarriage for recipients. The relevant reference statistics will be uploaded to the thematic website for the COVID-19 Vaccination Programme.

     The majority of non-death cases of adverse events received so far are relatively minor cases. The relevant details can be found in the "Report on the Safety Monitoring of COVID-19 Vaccines in Hong Kong" (www.drugoffice.gov.hk/eps/do/en/doc/Safety_Monitoring_of_COVID-19_Vaccines_in_Hong_Kong.pdf).

     "The COVID-19 vaccination rate for the elderly aged 80 or above in Hong Kong is only around 30 per cent at present, meaning that 70 per cent of the elderly in that age group are in a dangerous situation, which is alarming. The Comirnaty and CoronaVac vaccines are highly effective in preventing severe cases and deaths from COVID-19. They can provide effective protection to those vaccinated in preventing serious complications and even death after infection. The Government has expanded the third dose vaccination programme to include all people who have received two doses of vaccines for a period of time. We call on members of the public who are currently eligible for a third dose to get the dose as soon as possible. As for those not yet vaccinated, especially senior citizens, chronic patients and other immunocompromised persons who face a much higher chance of death after COVID-19 infection, they should get vaccinated as early as possible for better self-protection," a Government spokesman said.

Note 1: Provisional figures. In the preceding week till 11.59pm on January 23, the DH did not receive any reports of suspected myocarditis or pericarditis involving adolescents aged 12 to 15.

Note 2: In the preceding week till 11.59pm on January 23, the DH received three death reports involving individuals who had received COVID-19 vaccination within 14 days before passing away. The cases involved two males aged 94 and 70 respectively, and a female aged 91. There is no clinical evidence that the incidents arose from vaccination.




LCQ22: Proposed Culture, Sports and Tourism Bureau

     Following is a question by the Hon Kenneth Fok and a written reply by the Acting Secretary for Home Affairs, Mr Jack Chan, in the Legislative Council today (January 26):

Question:

     The Chief Executive announced on the 12th of this month the proposal of reorganising the government structure, under which a new Culture, Sports and Tourism Bureau (CSTB) is proposed to be set up by the next-term Government. Given that the "Outline of the 14th Five‑Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035" has expressed clear support for the development of Hong Kong as an East‑meets‑West centre for international cultural exchange, the establishment of CSTB will be conducive to promoting the development of the relevant industries and realising the relevant ways forward. In this connection, will the Government inform this Council:

(1) of the proposed structure and staffing establishment of CSTB; whether the Government will consider inviting industry players to take up key positions; if so, of the details, and how the Government will ensure that they have sufficient industry knowledge, professional qualifications and experience to take up such key positions; if not, the reasons for that;

(2) whether CSTB will (i) proactively approach the cultural, sports and tourism sectors to conduct a comprehensive survey of the industries concerned with a view to formulating long-term cultural and sports policies for Hong Kong, and (ii) conduct annual surveys on these sectors and provide them with channels to voice their concerns, so as to understand the difficulties and worries of the sectors for the formulation of appropriate policies; if so, of the details; if not, the reasons for that;

(3) how CSTB will promote cooperation and mutual recognition of professional qualifications in related industries between Hong Kong and the various Mainland cities in the Guangdong‑Hong Kong‑Macao Greater Bay Area (GBA); whether CSTB will consider collaborating with the GBA Mainland cities in developing tourism routes, co-organising major cultural and sports events, establishing mechanisms for mutual sharing of sports venues, as well as working together in nurturing talents for the sectors, etc; if so, of the details; if not, the reasons for that;

(4) as there are different interactions among the cultural, arts, sports, film, creative industries and tourism affairs under the purview of CSTB, and synergy effects may even be created through combining with other areas such as creative technology and the media (e.g. promoting media digitalisation can help increase the coverage of arts and cultural programmes), whether the Government has any plans to foster inter-departmental cooperation after the establishment of CSTB, so as to facilitate the smooth implementation of policies; if so, of the details; if not, the reasons for that;

(5) how CSTB will promote the arts and culture of the East and the West; whether the Government will consider, upon drawing reference from the practice of the Korea Creative Content Agency in its external promotion of the Korean culture, setting up a branch office under CSTB to promote Chinese culture through digital technology and assist enterprises in promoting Hong Kong's cultural industries; if so, of the details; if not, the reasons for that; and

(6) whether the Government will, prior to the establishment of CSTB, consider allocating more resources to Hong Kong Economic and Trade Offices overseas to help culture to "go global"; if so, of the details; if not, the reasons for that?

Reply:

President,

     In consultation with the Commerce and Economic Development Bureau (CEDB), my reply to the various parts of the questions is as follows:

(1) The Chief Executive (CE) has put forward the possible proposal on the re-organisation of the Government structure to the Legislative Council (LegCo) at the CE's Question and Answer Session on January 12, 2022, including the proposal to set up a new Culture, Sports and Tourism Bureau (CSTB) to consolidate the culture, sports and tourism portfolios currently under the purview of different bureaux, to better steer and promote the development of cultural affairs of Hong Kong. The CE said that the proposal, together with the views of the Members of the LegCo, will be submitted to the CE-elect, to be elected on March 27, 2022, for consideration whether it should be implemented by the next term of the Government.

(2) Regarding the arts and cultural sector, the Government has maintained close liaison with the sector through relevant departments and advisory and statutory bodies (ASBs), including the Leisure and Cultural Services Department (LCSD), the Hong Kong Arts Development Council (HKADC), the Hong Kong Academy for Performing Arts, the West Kowloon Cultural District Authority and the Advisory Committee on Arts Development, to gauge the views and needs of the sector when formulating suitable policies. Government officials take part in the meetings of these ASBs and their sub-committees as members or observers. Apart from that, the HKADC has been conducting the "Hong Kong Annual Arts Survey" annually since 2008, which collects data on performing arts, visual arts, film arts and literary art, including the number of programmes, attendance figures, number of screenings and box office records during the year. The surveys are published on website for the reference of the Government and the public. The Government will continue to listen carefully to the arts and cultural sector, and formulate policies that suit the ecology and needs of the sector.

     Regarding the creative industries, CEDB and Create Hong Kong (CreateHK) under the bureau have been supporting the long-term development of the sector through the CreateSmart Initiative (CSI) and Film Development Fund (FDF), sponsoring the trade in nurturing talents and facilitating start-ups, exploring markets, and fostering a creative atmosphere in the community. We have and will continue to liaise with relevant trade organisations and stakeholders (such as the Hong Kong Design Centre, the Hong Kong International Film Festival Society, the Hong Kong Film Development Council, etc), and make reference to feedback from various project organisers of the two aforementioned funds as well as relevant international good practices, with a view to formulating appropriate policies and measures that foster the sustainable development of the creative industries.

     Regarding the sports sector, the Government has maintained close liaison with the sector through relevant departments, ASBs and related sports organisation, including the LCSD, the Sports Commission, the Sports Federation and Olympic Committee of Hong Kong, China (SF&OC), the Hong Kong Paralympic Committee & Sports Association for the Physically Disabled, the Hong Kong Sports Institute and national sports associations (NSAs), to gauge the views and needs of the sector when formulating policies. The Government has also been collecting data on the NSAs' work in promoting and developing their respective sports under the LCSD's Sports Subvention Schemes, and has been publishing information on NSAs' community sports programmes and major events online for the public's information. In addition to the existing policy objectives of supporting elite sports, maintaining Hong Kong as a centre for major international sports events and promoting sports in the community, we will explore ways, in consultation with the business and sports sectors, to further promote sports development in Hong Kong through enhanced professionalism in sports sector and development of sports as an industry. The Government will continue to listen carefully to the sports sector, and formulate policies to further the development of sports in Hong Kong.

(3) Regarding arts and culture, the Ministry of Culture and Tourism, the Office of the Leading Group for the Development of the Guangdong-Hong Kong-Macao Greater Bay Area and the People's Government of Guangdong Province jointly promulgated the Culture and Tourism Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area (the Plan) in December 2020, which sets out the directions for the overall cultural and tourism development of the Greater Bay Area (GBA). Since the publication of the Plan, the Hong Kong Special Administrative Region (HKSAR) Government has closely worked with relevant Mainland authorities to jointly develop a world-class bay area for culture and leisure as enshrined in the Plan.

     Apart from that, Guangdong Province, Hong Kong and Macao have established a cultural co-operation framework since 2003. Since then, the three parties have taken turns to organise annual cultural co-operation meetings to follow up on recommendations for co-operation in different arts areas. The Government will continue to fully utilise this framework to foster cultural exchange and co-operation within the GBA.

     An additional funding of $140 million has been allocated to LCSD to support Hong Kong arts groups and artists for cultural exchange in the GBA from 2018-19 to 2022-23. In the past three financial years, LCSD supported 40 local productions of various arts form organised in seven cities in the GBA. The LCSD has also built up a collaboration network and regular communication mechanism with venue operators in the GBA for mutual exchange. Due to the epidemic, the touring programmes scheduled for 2020-22 have either been postponed or conducted online. In this connection, four online programmes were rolled out in end-October 2020 and were well received by the audience with click rate reaching over 3.1 million. The LCSD will support local arts groups and artists to carry out physical performances and cultural exchange in the GBA as soon as the epidemic stabilises.

     CreateHK has organised visits to relevant authorities in the Mainland together with the creative sectors, such as a visit to Beijing in 2019. Once the travel restrictions are lifted, we will again arrange face-to-face exchanges. Meanwhile, we are maintaining collaborations and contact through virtual means. For example, we are staging a Hong Kong Film Festival in three GBA cities from December 2021 to January 2022.

     Regarding sports, the Plan supports the GBA in organising international sports events and taking forward integrated development of sports and culture. The HKSAR is grateful for the trust and support of the Central Government in allowing Guangdong Province, Hong Kong and Macao to co-host the 15th National Games in 2025. We will spare no effort to work closely with the relevant ministries of the Central Government, and the governments of the Guangdong Province and Macao Special Administrative Region (SAR) to organise the 15th National Games, which will be "simple, safe and wonderful". In addition, the HKSAR Government will continue to support the SF&OC and NSAs in organising sports exchange programmes in the GBA in collaboration with relevant Mainland organisations through funding and venue support.

     Regarding tourism, the Government has been strengthening co-operation and exchanges with other GBA cities through active participation in various platforms, including the Tourism Federation of Cities in the Guangdong-Hong Kong-Macao Greater Bay Area and the Joint Regulatory Alliance of the Tourism Market of 9+2 Cities in the Guangdong-Hong Kong-Macao Greater Bay Area. The Government will also continue to support the Hong Kong Tourism Board to enhance joint publicity with tourism promotion bodies of Guangdong and Macao after the resumption of cross-boundary travel, with a view to attracting more overseas and high value-added overnight tourists to embark on GBA multi-destination journeys via Hong Kong, strengthening the positions of Hong Kong as a core demonstration zone for multi-destination tourism and an international tourism hub, and promoting the overall tourism development within the GBA.

(4) The Government has all along collaborated with different policy bureaux, departments and ASBs to take forward the implementation policies on arts and culture, creative industries, sports and tourism. Regardless of the re-organisation of the Government structure, the Government will continue to ensure the smooth implementation of various policies.

(5) As set out above, this term of Government will submit the proposal to re-organise government structure to the CE-elect and next term of Government for consideration. At this stage, the HKSAR Government will continue with the existing measures in the promotion of the development of arts and culture. The 14th Five-Year Plan sets out clear support for Hong Kong to develop into an East-meets-West centre for international cultural exchange. The CE announced in the 2021 Policy Address (2021 PA) that the Government will seize upon Hong Kong's unique creative atmosphere where Chinese and Western cultures meet to position Hong Kong as Asia's city of culture and creativity. To realise our new cultural positioning, the Government will adopt a multi-pronged approach, including (1) developing world-class cultural facilities and pluralistic cultural environment; (2) strengthening links with overseas arts and culture organisations; (3) strengthening cultural exchange and co-operation with the Mainland; (4) leveraging technology and (5) nurturing talents.

     In terms of hardware, various world-class arts and cultural facilities have been commissioned in a gradual manner. The M+ Museum of the West Kowloon Cultural District (WKCD) was opened in November 2021 and the Hong Kong Palace Museum will be opened in mid-2022, showcasing to visitors contemporary visual culture and exquisite collections of the Palace Museum. The East Kowloon Cultural Centre will be opened by phases in 2023 and become a major venue and incubator for arts technology. The Lyric Theatre Complex of WKCD, expected to be completed in 2024, will be another top-class performance venue for dance and theatre.

     In terms of software, we are seeking to maintain and strengthen links with overseas arts and culture organisations, including expanding the diversity and contents of popular culture brands like Hong Kong Arts Festivals. Following the successful organisation of the "Hong Kong Week@Guangzhou" from April to June 2021 in a hybrid of in-venue and online format, we will continue to showcase the arts and cultural achievements of Hong Kong and promote cultural exchanges in the format of Hong Kong Week and similar activities, as well as to co-operate with Mainland and overseas cultural institutions to solicit exhibition of their precious cultural relics in Hong Kong and to loan out Hong Kong's arts and cultural collections. We will also further expand Hong Kong's cultural links with the Mainland and overseas and strengthen co-operation between different theatres in Hong Kong and the GBA, with a view to providing more performance opportunities for local arts groups and broadening the audience of Hong Kong's arts and cultural programmes. The Government is also committed to encouraging Hong Kong young people to take part in arts and cultural exchanges in the Mainland. We have collaborated with the Palace Museum and Dunhuang Academy to organise the "Thematic Youth Internship Programmes to the Mainland", providing Hong Kong young people who are aspired to pursue a career in the arts and culture industry with unique, in-depth and valuable internship opportunities. We will also continue to organise the "Guangdong-Hong Kong-Macao Youth Cultural Exchange Programme" with the Department of Culture and Tourism of Guangdong Province and the Education and Youth Development Bureau of the Macao SAR, to facilitate mutual understanding among young people and enhancing their understanding of the cultures of the three places. Moreover, we are actively preparing for various international conferences and forums to be held in Hong Kong this year, including the Hong Kong 2022 International Society for the Performing Arts Congress, the Asia Cultural Co-operation Forum and the International Museum Summit, so as to provide platforms for cultural and arts exchange at the international level.

     We will continue to make good use of the CSI and FDF in supporting our creative industries in their long-term development and meeting challenges under the new normal. Other than encouraging the trade to fully utilise both online and offline modes to maximise impact and audience reach of activities, we shall organise seminars, visits, trainings, demonstration and testing sessions for promoting the integration of technologies in film production.

     In terms of nurturing of talents, we will enhance our efforts in talent grooming and exchanges in diverse areas such as arts administration, arts technology and script production. The CE announced in the 2021 PA that we would expand the scope of some existing professions on the Talent List of Hong Kong to include experts of, among others, "arts technology" category with a view to complementing Hong Kong's future policy direction to develop the key area of arts and culture. Apart from that, in respect of Cantonese opera, we will provide additional support for training of young talents and enable the continued professional development of practitioners, as well as encourage and support the production of new scripts with community appeal especially to younger audience. The Government has also been supporting various local and non-local training and internship programmes under the CSI and FDF to nurture talents for the creative sectors.

(6) Currently, the Government has reserved $50 million per annum for cultural exchange purposes. The Home Affairs Bureau (HAB) will provide financial resources for our offices in the Mainland and our overseas Hong Kong Economic and Trade Offices (ETOs) to co-operate with Hong Kong arts groups and arrange these arts groups to tour in the Mainland and overseas. When the epidemic subsides, the Government will continue to provide resources to encourage Hong Kong arts groups to resume cultural co-operation with the Mainland and the overseas, thereby leveraging Hong Kong's roles of "bringing in" and "going out" as an East-meets-West centre for international cultural exchange.

     In fact, ETOs have always been closely cooperating with bureaux and departments, different cultural groups and related entities to actively pursue diverse collaboration opportunities, with a view to facilitating overseas promotion of Hong Kong and the "going out" of Hong Kong culture through various means and channels. Apart from lining-up Hong Kong organisations with their counterparts in respective countries, ETOs also sponsor and promote a wide range of arts and cultural projects including exchange tours, dragon boat racing, dramas, and "Hong Kong Arts Month", etc to overseas audience to get a taste of the vibrancy of Hong Kong. ETOs have also been supporting Hong Kong films to participate in international film festivals, pushing forward the screening of Hong Kong's brand new film productions on the international arena. As mentioned in the 2021 PA, ETOs will play a role in promoting the cultural industries of Hong Kong. Under the leadership of the HAB, ETOs will further promote Hong Kong's new cultural positioning and step up the effort in overseas cultural promotion.




Speech by SJ at Law Society of Hong Kong’s Leadership Insights Session (English only)

     Following is the speech by the Secretary for Justice, Ms Teresa Cheng, SC, at the Law Society of Hong Kong's Leadership Insights Session on the opportunities for international lawyers to participate in the development of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) today (January 26):

Mr C M Chan (President of the Law Society of Hong Kong), learned bar leaders and presidents of law societies, distinguished guests, ladies and gentlemen,

     It gives me great pleasure to join you today at this year's Law Society Leadership Insights Session. I am pleased to learn that speakers from around the world are together here with us virtually and in person, sharing their insights.

The Greater Bay Area

     The Guangdong-Hong Kong-Macao Greater Bay Area comprises the two Special Administrative Regions of Hong Kong and Macao, and the nine municipalities of Guangzhou, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan, Zhongshan, Jiangmen and Zhaoqing in Guangdong Province.

     With a total land area of 56,000 square kilometres, which corresponds to the total land area of Croatia, the GBA has a population of over 86 million. This population is larger than that of the United Kingdom, Italy or South Africa. As compared to other bay areas, the population is larger than the 40 million in the greater Tokyo Bay area and the 10 million in the San Francisco Bay Area.

     The GDP of the GBA was US$1,668.8 billion in 2020 (Note 1) and, as an economic region, it ranks the 12th largest economy in the world. This GDP is more than that of Australia and ranks almost on par with South Korea.

     The GBA is the home for around 20 Fortune 500 companies, representing their highest concentration in China. It is also home for most of the Chinese innovative technology companies like Huawei, ZTE, DJI and Tencent, etc. Undoubtedly, the GBA is and will continue to be the economic powerhouse for China, serving as the new engine driving China's economic recovery post-COVID-19.

     The GBA development is a key development strategy in our country's reform and opening up in a new era. Its objectives are to further deepen co-operation amongst Guangdong, Hong Kong and Macao, fully leveraging on the composite advantages of the three places, facilitating in-depth integration within the region, and promoting co-ordinated regional economic development and international competitiveness for the benefit of all three jurisdictions.

     The GBA is also significant for the Belt and Road Initiative and is the major market carrier for China's "dual circulation" development pattern, which emphasises on economic circulation, with domestic and external markets complementing each other.

     The 2019 GBA Outline Development Plan, an important document outlining China's national strategy regarding the GBA, emphasises six basic principles. Among them are "To open up and co-operate and achieve a win-win outcome" and "To adhere to 'one country, two systems' and act in accordance with the law". More specifically, the GBA Outline Development Plan aims to speed up the establishment of a legal system that is commensurate with the development of an open economy, expedite the development of legal services industry, and encourage and promote the development of the legal services in the region in providing services for the businesses involved in the Belt and Road Initiative and for Mainland enterprises "going global" (Note 2). As of December 6, 2021, there were more than 3,000 Mainland law firms located in the GBA, while there were 12 partnership associations set up between Hong Kong and Mainland law firms.

     In fact, policy measures are in place for strengthening the building of the GBA as an international innovation and technology hub with enhanced infrastructural connectivity supported by a globally competitive industrial system. Enterprises within the GBA will therefore be more inclined to "go global" – enhancing their overseas operations and expand their overseas market. On the other hand, more investments in the GBA by foreign enterprises are also expected.

     It is envisaged that the innovation-driven development of this international bay area will attract global businesses and investors and open up immense opportunities for different sectors, in particular the legal and dispute resolution services sector. The demand for international – and, indeed, cross-jurisdictional – legal and dispute resolution services on a wide spectrum of practice areas, ranging from technology and infrastructure financing to intellectual property and cross-border dispute resolution, is bound to increase.

     The GBA is the only bay area in the world that has three legal systems in place and what can be aptly described as the unique characteristic of "one country, two systems and three jurisdictions". Hong Kong is the only common law jurisdiction within the GBA and indeed in the whole of China. As will be described in more detail below, the opportunities for the legal sector, domestic and foreign lawyers, are immense and the scope for development unlimited.

Hong Kong as the springboard to the GBA

     As the only common law jurisdiction within China, Hong Kong is ideally placed to utilise the unique advantages under the "one country, two systems and three jurisdictions" within the GBA.

     Hong Kong's common law system has a history of 150 years with ample legal precedents. Judicial authorities of Hong Kong courts are frequently cited in overseas jurisprudence, demonstrating the trust placed by the international legal community to our judiciary and legal system, which are internationally renowned for their independence, efficacy and quality.

     Hong Kong also possesses a pool of high-quality legal and dispute resolution talents with strong business acumen. Many of them are professionally qualified in multiple jurisdictions. There are also over 1,400 registered foreign lawyers from over 30 jurisdictions currently present in Hong Kong. The Hong Kong Legal Hub, officially opened in November 2020, is home to various renowned regional and international legal and dispute resolution institutions, including the newly established AALCO (Asian-African Legal Consultative Organization) Hong Kong Regional Arbitration Centre, which will soon commence operation.

     Hong Kong's position as the leading centre for international legal and dispute resolution services is also firmly supported by national policy. For instance, both the National 14th Five-Year Plan and the GBA Outline Development Plan explicitly support Hong Kong as the centre for international legal and dispute resolution services in the Asia-Pacific region, and transform Hong Kong's service sector into a high value-added industry.

     The success of Hong Kong's arbitration services is also internationally recognised. Hong Kong has been continuously ranked amongst the top five preferred seats for arbitration globally since 2015 according to the International Arbitration Surveys conducted by Queen Mary University of London. In 2015, Hong Kong ranked third; in 2018, fourth; and last year, Hong Kong was ranked the third again, surpassing Paris.

     Under the interim measures arrangement signed with the Mainland in 2019, parties to arbitral proceedings seated in Hong Kong and administered by one of the six arbitral institutions would be able to apply to the Mainland courts, covering all courts in the GBA, for interim measures. Hong Kong is the first and only jurisdiction in the world outside the Mainland where this is possible. This has enhanced Hong Kong's competitiveness as a seat of arbitration and the development of Hong Kong's legal and dispute resolution services in the GBA, attracting more international lawyers to participate in Hong Kong-seated arbitrations.

     The Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong signed in November 2020 has refined the mechanism of mutual recognition of arbitral awards by allowing parties to make simultaneous applications to both the courts of the Mainland and Hong Kong for enforcement of an arbitral award. This has been duly implemented through local legislation in May last year.

     In the area of deal-making, Hong Kong has been ranked as the world's top initial public offering, IPO, venue for seven out of 12 years. In the securities market, the average daily turnover for the first six months of 2021 was HK$188.2 billion, representing an increase of 60 per cent when compared with HK$117.5 billion for the same period in 2020. Additionally, there has been a steady rise in total deposits in our banking system, which had reached HK$14.86 trillion by the end of May 2021. All of these reflect the strong confidence in Hong Kong placed by international investors, fortifying Hong Kong's status as one of the world's leading deal-making hubs.

     In the area of insolvency and debt restructuring, a Record of Meeting was signed last May to facilitate mutual recognition of and assistance to insolvency proceedings between the courts of Mainland and Hong Kong. This allows Hong Kong liquidators and provisional liquidators to apply to designated courts in the Mainland, that is Shenzhen, Shanghai and Xiamen, for recognition and assistance. Likewise, the Mainland's bankruptcy administrators may apply to Hong Kong's High Court for recognition of the Mainland's bankruptcy proceedings according to common law principles. This will ensure that the creditors' interests are protected whilst respecting those of the debtors. Further, by allowing debt restructuring orders to be implemented, the need to wind up a company is reduced. This arrangement provides for a fair and efficient market for investment, thereby enhancing Hong Kong's role as the regional and even international hub for deal-making. I am pleased to note that, in a recent decision (Note 3), the Shenzhen Intermediate People's Court has ordered formal recognition in the Mainland for liquidators to be appointed pursuant to a Hong Kong court order, with the relevant assistance granted to them in dealing with assets located in the Mainland.

Ample opportunities

     Against the context of the GBA development and the unique characteristic of "one country, two systems and three jurisdictions", ample opportunities are present for international lawyers who may wish to make good use of Hong Kong as a springboard to the GBA, for the provision of deal-making and dispute resolution services.

     Foreign law firms can establish in Hong Kong to provide better and more timeous advice to businesses from their own jurisdictions who are capitalising on the opportunities in the GBA.

     Under CEPA (Mainland and Hong Kong Closer Economic Partnership Arrangement), liberalisation measures are in place for Hong Kong law firms to set up partnership associations with Mainland law firms. Foreign lawyers registered in Hong Kong can be employed by Hong Kong law firms of the partnership associations set up in the GBA (Note 4). Besides, international lawyers can also work in close conjunction with the Hong Kong law firms of such partnership associations when handling cross-border cases to provide clients with efficient cross-jurisdictional legal services of high quality and seamlessly connect Hong Kong's professional legal services with the Mainland for multinational corporate needs.

     In July last year, we saw the successful conclusion of the inaugural GBA Legal Professional Examination. After passing the examination and obtaining the relevant practice certificate, eligible Hong Kong legal practitioners would be allowed to provide legal services in the nine Mainland municipalities in the Greater Bay Area on specified civil and commercial matters to which Chinese law applies. These legal practitioners will be able to provide comprehensive legal services to enterprises investing in the Greater Bay Area. This entails that international lawyers can collaborate with Hong Kong local lawyers to provide enterprises within the GBA a one-stop shop for cross-border and cross-jurisdictional legal services, offering a holistic regional approach taking into account relevant legal requirements of different jurisdictions. Riding on the success of the inaugural GBA Legal Professional Examination, the second GBA Legal Professional Examination will be held on June 11, 2022.

     A pilot measure (Note 5) has also been implemented in Qianhai to allow Hong Kong, Macao, Taiwan and foreign enterprises registered in Qianhai to adopt non-Mainland law as the applicable law, even in the absence of "foreign-related elements", when entering into civil and commercial contracts. With the expansion of the geographic area of Qianhai by eight times as announced last year, it is hoped that more enterprises can benefit from the above-mentioned measure.

     In terms of arbitration, as provided for in the Supreme People's Court Opinions, Hong Kong and foreign enterprises set up in Pilot Free Trade Zones such as Nansha can agree to have their disputes resolved in Hong Kong in the absence of "foreign-related elements".

     The Department of Justice is actively seeking the support of the Central Government and the relevant local government to expand the application of this Qianhai initiative and the Supreme People's Court Opinions to Shenzhen, and hopefully the entire GBA. This will mean that foreign enterprises can by agreement choose Hong Kong law as the applicable law and choose Hong Kong as the seat of arbitration in the absence of "foreign-related elements".

     Further development in the field of arbitration in the GBA is also under way. In the third annual Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference held in December 2021, the three legal departments have agreed to set up the Working Group on GBA Arbitration to establish a list of GBA arbitrators to promote the development of arbitration in the GBA.

     There are also vast opportunities for the provision of mediation services in the GBA. A GBA Mediation Working Group was recently set up by the Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference as an authoritative platform for high-level exchange and co-operation, promulgating mediation standards for reference and voluntary adoption by mediation institutions and mediators, with a view to promoting the wider use of mediation within the GBA. The GBA Mediator Accreditation Standards and GBA Mediator Code of Conduct Best Practice were promulgated in December 2021, and the GBA Mediation Working Group is now working towards the promulgation of GBA Mediation Rules for cross-boundary disputes and the establishment of local panels of qualified GBA mediators.

Use of lawtech

     Apart from the traditional way of providing legal and dispute resolution services, international lawyers and parties can benefit from the use of online dispute resolution (ODR) services developed in Hong Kong, pursuant to a policy of the Hong Kong Government to promote lawtech.

     In Hong Kong, eBRAM Centre was established in 2018, formed by enthusiastic legal and dispute resolution practitioners and technology experts to develop a platform for online dispute resolution and deal-making. It aims to provide a one-stop platform for international commercial parties, with the latest technologies such as blockchain and artificial intelligence utilised. eBRAM Centre recently launched the APEC (Asia-Pacific Economic Cooperation) Online Dispute Resolution procedural rules tailor-made for the APEC Collaborative Framework for ODR of Cross-Border Business to Business Disputes, which aims to provide a fast and affordable resort to resolving commercial disputes among the APEC economies in particular for the micro, small and medium-sized enterprises.

Concluding remarks

     Ladies and gentlemen, the "dual circulation" development pattern of China as well as the unique position of Hong Kong as a major connector bridging the Mainland and global markets entail vast opportunities for the international legal and dispute resolution sector to further advance in Hong Kong. Given the ample opportunities available in the GBA and the unique position of Hong Kong, I would encourage and welcome all international lawyers to make good use of Hong Kong as an entry point for the GBA market.

     May I conclude by thanking the Law Society of Hong Kong for arranging this Leadership Insights Session to bring together leaders of the international legal and dispute resolution community. I am certain that today's session will be inspirational, facilitating meaningful dialogues and exchanges.

     Thank you very much.

Note 1: www.bayarea.gov.hk/en/about/overview.html
Note 2: See Section 1, Chapter Ten "Jointly Developing Guangdong-Hong Kong-Macao Cooperation Platforms", Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area
Note 3: On September 1, 2021, the liquidators' application was formally accepted by the Shenzhen Intermediate People's Court.
Note 4: As of January 17, 2022, 12 partnership associations have been set up in the GBA. Hong Kong solicitors can be hired by the partnership as their seconded lawyers or in the name of the partnership association. Hong Kong partner law firms provide legal services principally on Hong Kong law.
Note 5: Regulations of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of the Shenzhen Special Economic Zone




LCQ2: Espionage activities conducted by foreign governments in Hong Kong

     Following is a question by Ir the Hon Lee Chun-keung and a reply by the Secretary for Security, Mr Tang Ping-keung, in the Legislative Council today (January 26):
 
Question:
 
     It is reported that given Hong Kong's special political and geographical environment, a large number of foreign spies are doing their work in the territory. Furthermore, the Central Intelligence Agency of the United States has earlier announced the establishment of a "China Mission Center" to conduct intelligence work targeted at China and geopolitics. In this connection, will the Government inform this Council:
 
(1) whether the Government has communicated with the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region and the Hong Kong Police Force's National Security Department with regard to strengthening anti-espionage and intelligence gathering efforts; if so, of the details (including the number of cases detected); if not, the reasons for that, and whether the relevant efforts will be stepped up;
 
(2) given that the local legislation for combating espionage offences was enacted many years ago, what means are currently used by the Government to combat the espionage activities conducted in Hong Kong by foreign governments; whether the relevant legislation will be amended to step up efforts in combating espionage offences, thereby safeguarding the security of the Country and Hong Kong; and
 
(3) whether it will target espionage offences committed by foreign governments in Hong Kong by way of enacting legislation on Article 23 of the Basic Law; if so, of the details; if not, the reasons for that?

Reply:
 
President,
 
     Our country has been undergoing rapid development since its reform and opening up. As China's economy and national strength continue to grow, western countries led by the United States seek to maintain their hegemony based on a zero-sum mentality, and openly treat China as a target to fight against in various areas. The underlying cause is that the United States and western countries do not have the positive mindset to understand the concepts of peaceful coexistence such as a community with a share future for mankind, peaceful development and prospering together as advocated by our country. The politicians in the United States and western countries have deliberately ganged up under the guise of the "China Threat Theory" in an attempt to bring the world back to a Cold War-style standoff. To achieve the goal of suppressing the development of China, the Central Intelligence Agency (CIA) of the United States has even set up a "China Mission Centre" last year to "address the global challenge posed by the People's Republic of China" as it so claimed. It has also alleged that with China being the most important geopolitical threat faced by the United States, the CIA has to consolidate various resources and capability it possesses in its work against China, and especially recruit and train up Mandarin-speaking agents. Furthermore, the Chief of the Secret Intelligence Service (also known as MI6) of the United Kingdom has publicly mentioned that MI6 recruits clandestine agents (i.e. "spies" from the eyes of the public) from countries and organisations all over the world; is deepening its understanding of China (i.e. "infiltration" from the eyes of the public); and makes things happen that would otherwise be impossible to achieve by operating in secrecy everywhere within the worldwide surveillance web.
 
     It can thus be seen that spies constitute an important part in the covert operation of these organisations. Spies, as we know it, achieve the goal of gaining for their countries' benefits or influence in geopolitics usually through means such as infiltrating important state authorities, probing intelligence and state secrets, inciting disaffection of public servants, paying and grooming agents, with a view to stirring up troubles, intensifying social conflicts, advocating anti-government beliefs or even overthrowing state powers through violence and other means. As a matter of fact, the Snowden incident which occurred earlier revealed that the United States had conducted worldwide surveillance through the Prism programme. A Hong Kong journalist reported that Snowden had shown her documents which disclosed that the United States had been hacking hundreds of computers on the Mainland and in Hong Kong. These acts of espionage present a significant threat to our national security.
 
     As a special administrative region of the People's Republic of China, Hong Kong has been implementing the principles of "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy. Therefore, it differs from the Mainland in areas such as immigration policy, regulation of economic activities and socio-cultural environment. Making use of the unique environment of Hong Kong, certain countries have been attempting to engage in activities endangering our national security, or even to foment a "colour revolution" in Hong Kong. The serious violence since June 2019 is a vivid example of this. In fact, an organisation named Open Technology Fund, which receives grants from the U.S. Agency for Global Media as part of the United States Government, openly admitted in a Congress hearing in September 2020 that it had funded the development of secure communication technologies used by activists in Hong Kong. As reported by the Time magazine of the United States, rioters in Hong Kong used relevant technologies in encrypting their communication content. The Open Technology Fund also made several payouts to groups in Hong Kong since June 2019. Separately, there were members of organisations outside Hong Kong (including a council member of the "New Power Party" which is a "pro-independence" party in Taiwan) openly raising funds for the rioters or donating to them supplies and equipment, including helmets, gas masks and filter cartridges, etc.
 
     What makes Hong Kong people discern the truth is that in a court case concerning offences endangering national security which hearing had commenced, a person committed to trial revealed that a former overseas intelligence agent and Jimmy Lai Chee-ying, former chairman of the Board of Next Media, were the masterminds as well as the financial backers behind an anti-China group "Stand with Hong Kong Fight for Freedom". The group had been continuously urging foreign countries to impose sanctions on Hong Kong and Mainland officials.
 
     The above incidents represent only the tip of the iceberg. The Ministry of Foreign Affairs earlier published the "Fact Sheet: U.S. Interference in Hong Kong Affairs and Support for Anti-China, Destabilising Forces", listing 102 examples which clearly reflect the malicious acts of the United States over the years in colluding with anti-China, destabilising forces to seriously endanger national security. In view of this, the HKSAR Government must handle acts and offences of an espionage nature in a targeted manner to prevent incidents endangering national security from occurring in Hong Kong again.
 
     My consolidated reply to Ir the Hon Lee Chun-keung's question is as follows:
 
     Part II of the existing Official Secrets Ordinance provides for the regulation of "espionage", which covers the prohibition of, among others, acts to approach, inspect, pass over, enter or be in the neighbourhood of a prohibited place; compile information that is useful to an enemy; and obtain, collect, record or publish official secrets that are useful to an enemy. Part III of the Official Secrets Ordinance also prohibits the unlawful disclosure of protected information.
 
     In addition, Article 29 of the Hong Kong National Security Law (HKNSL) also stipulates that a person who steals, spies, obtains with payment, or unlawfully provides State secrets or intelligence concerning national security for a foreign country or an institution, organisation or individual outside the mainland, Hong Kong, and Macao of the People's Republic of China shall be guilty of an offence.
 
     The long-standing position of the HKSAR Government is to combat espionage activities endangering national security in Hong Kong in accordance with the law. Specifically, given that these spies and their agents are all backed by rivals of a national level, actions must be taken to minimise the risks which they may bring about. To avoid impacting investigation work and necessary enforcement actions to be taken in future, we should not disclose further details of our actions. Yet, I can assure Members that the Police have all along been and will keep on collecting and analysing intelligence concerning threats to national security in a proactive manner, as well as investigating cases endangering national security rigorously in collaboration with other relevant law enforcement agencies, including conducting intelligence-led operations. Besides, the HKSAR Government will continue to enhance information sharing and operations coordination with the Office for Safeguarding National Security of the Central People's Government in the HKSAR pursuant to the mechanism established under Article 53 of the HKNSL.
 
     Although the law enforcement agencies of the HKSAR are committed to combating acts and offences of an espionage nature, as pointed out by Ir the Hon Lee Chun-keung in his question, the relevant local legislation was enacted many years ago and cannot fully address the criminal acts of espionage and theft of state secrets at present.
    
     In this regard, we are now actively studying with the Department of Justice on enhancing the Official Secrets Ordinance in the context of legislation on Article 23 of the Basic Law, so as to better prevent acts of espionage and theft of state secrets.
 
     We seek to commence consultation before the end of the current term of the Government, and to introduce the Bill to the Legislative Council for scrutiny in the second half of this year. I hope that you will support our legislative proposals, including those related to "espionage offences", then, so as to better safeguarding national security.
 
     Thank you, President.