Contractors fined for violation of safety legislation

     Tysan Foundation Limited and Kit Kee Engineering Limited were each fined $46,000 at Eastern Magistrates' Courts today (October 25) for violation of the Factories and Industrial Undertakings Ordinance and the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations. The prosecutions were launched by the Labour Department.
           
     The case involved a fatal accident that occurred on January 13, 2020, at a building construction site in Quarry Bay. When a crawler-mounted crane slewed in a lifting operation, a worker nearby was trapped between the rear part of the crane and a metal railing. The worker sustained severe injuries and passed away on the same day.




Village house owner given eight months’ jail sentence for persistently failing to comply with removal orders

     An owner was sentenced to eight months' imprisonment at the Fanling Magistrates' Courts last week for persistently not complying with two removal orders issued by the Buildings Department (BD) under the Buildings Ordinance (BO) (Cap. 123), requiring the demolition of two adjoining unauthorised four-storey village houses. This is so far the heaviest sentence imposed among similar cases.
      
     The unauthorised village houses concerned owned by two co-owners are located at Pan Chung Village, Tai Po. They were found under construction during inspections conducted by staff of the BD. Since the Lands Department has not granted any approval to the buildings, they are not New Territories Exempted Houses under the BO (Application to the New Territories) Ordinance (Cap. 121). As the buildings were constructed without prior approval and consent from the BD, they are unauthorised building works (UBWs). Two removal orders were then issued to the two co-owners of the buildings under section 24(1) of the BO.
      
     As the owners failed to comply with the orders, they were prosecuted by the BD. One of the co-owners was given a jail sentence of 12 weeks upon conviction at the Fanling Magistrates' Courts in January 2019 in the sixth prosecution. As the other co-owner failed to appear in court, the court issued a warrant for arrest, which is still valid.
      
     Inspection conducted by staff of the BD in July this year revealed that the unauthorised village houses had still not been removed. The BD instigated prosecution for the seventh time and the co-owner pleaded guilty at the Fanling Magistrates' Courts on October 5. Considering the seriousness of the case given the owner's previous conviction records, the court imposed an eight months' imprisonment sentence on October 19.
      
     A spokesman for the BD said today (October 25), "UBWs may adversely affect the structural and fire safety of a building, leading to serious consequences. Owners must comply with the removal orders without delay. The BD will continue to take enforcement action against owners who have failed to comply with the removal orders (including instigation of prosecution) so as to ensure building safety."
      
     Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is one year's imprisonment and a fine of $200,000, and a further fine of $20,000 for each day that the offence continues. Land owners must not defy the law and should bear full responsibility to ensure the safety of their buildings.




Hong Kong Customs detects case of attempting to illegally export suspected controlled medicines and involving money laundering (with photos)

     â€‹Hong Kong Customs seized a total of about 1.6 million tablets of suspected controlled medicines with an estimated market value of about $55 million, among which over 70 per cent were controlled virility products, at Hong Kong International Airport (HKIA), in Hung Hom and in Sheung Wan from September 28 to October 5.

     Through risk assessment, Customs officers on September 28 selected and inspected a batch of outbound air parcels destined for Spain from Hong Kong at HKIA. About 40 000 tablets of suspected controlled medicines were found inside the parcels.

     After investigation, Customs officers on September 30 arrested a 39-year-old woman suspected to be in connection with the case at the post office in Hung Hom and seized about 60 000 tablets of suspected controlled medicines in the outbound air parcels mailed by her. The officers raided an industrial unit in Hung Hom on the same day. About 1.31 million tablets of suspected controlled medicines were found in the unit and a 41-year-old woman suspected to be connected to the case was arrested. 

     Upon follow-up investigation, Customs officers further seized about 190 000 tablets of suspected controlled medicines at HKIA and a logistics centre in Sheung Wan from October 2 to 5. A 34-year-old man and a 27-year-old woman suspected to be connected to the case were arrested in Tsing Yi and North Point on October 5 and 6 respectively.

     Later, Customs officers conducted a financial investigation into the above-mentioned case. It has been initially revealed that the arrested persons were suspected to have laundered the crime proceeds through fund transfers via bank accounts and money service operators to conceal suspected crime proceeds from overseas areas.

     After investigation, Customs officers on October 22 arrested a 41-year-old man suspected to be in connection with money laundering in Tseung Kwan O.

     Investigation is ongoing. Customs will carry out in-depth investigation in the aspects of dealing with crime proceeds and money laundering. All of the arrested persons have been released on bail pending further investigation and the likelihood of further arrests is not ruled out.

     Customs believes that the operation has smashed a syndicate that was attempting to illegally export controlled medicines, which also involved money laundering of about $20 million in crime proceeds. The department will continue to maintain stringent law enforcement and close contact with relevant government departments and the logistics industry to combat illegal export of controlled medicines.

     Under the Import and Export Ordinance, any person who exports pharmaceutical products and medicines without a valid export licence commits an offence. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for two years.

     Under the Pharmacy and Poisons Ordinance, any person who possesses any poison included in Part 1 of the Poisons List other than in accordance with provisions commits an offence. The maximum penalty upon conviction is a fine of $100,000 and imprisonment for two years.

     Under the Organized and Serious Crimes Ordinance, a person commits an offence if he or she deals with any property knowing or having reasonable grounds to believe that such property in whole or in part directly or indirectly represents any person's proceeds of an indictable offence. The maximum penalty upon conviction is a fine of $5 million and imprisonment for 14 years while the crime proceeds are also subject to confiscation.

     Members of the public may report any suspected violation of the above-mentioned ordinances to Customs' 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).

Photo  Photo  Photo  Photo  



Government updates list of places of recognised vaccination records

     The Government announced today (October 25) that it has concluded discussions with the Government of Cambodia to accept vaccination records issued by the country as recognised vaccination records for Hong Kong residents who have stayed in Group A specified places under the mechanism. The Government will also accept the vaccination records issued by non-Group A specified places including Kazakhstan and British Virgin Islands for boarding flights for Hong Kong by Hong Kong residents who have stayed in Group A specified places. The relevant arrangements will take effect at 0.00am on October 27 (Wednesday).

     From 0.00am on October 27, Hong Kong residents who hold vaccination records issued by the relevant authority of Cambodia in the prescribed format can board a flight for Hong Kong from Group A specified places. The vaccines administered for the relevant travellers have to be vaccines listed on the Government's List of COVID-19 Vaccines Recognised for Specified Purposes.
      
     The Government has also concluded discussions with the relevant Governments on the arrangements regarding the recognition of vaccination records of Kazakhstan and British Virgin Islands, which will also take effect at 0.00am on October 27. Although these places are currently not Group A specified places, the relevant arrangements will enable Hong Kong residents who hold vaccination records issued by the relevant authorities of these places in the prescribed format to board a flight for Hong Kong from Group A specified places.

     The Government has implemented stringent inbound prevention and control measures for travellers arriving at Hong Kong from overseas places. Travellers who have stayed in Group A specified places on the day of boarding or in the 21 days before that day can only board a flight for Hong Kong if they are Hong Kong residents who are fully vaccinated and holding recognised vaccination records. Recognised vaccination records include those issued by Hong Kong, Mainland or Macao authorities or an institution recognised by Mainland or Macao authorities, an authority or recognised institution of a country where its national regulatory authority is designated by the World Health Organization as a stringent regulatory authority, or a relevant authority or recognised institution of a country with which Hong Kong has reached a recognition agreement arrangement with its government.

     The list of places that are accepted for issuing recognised vaccination records is set out in the Annex, and will be uploaded to the Government's COVID-19 thematic website.
      
     The Government will continue to discuss with other places on the arrangements for the recognition of vaccination records, and will update the list as recognition arrangements are agreed with these places.




Sustainable Development Fund invites applications

The following is issued on behalf of the Council for Sustainable Development:

     The Council for Sustainable Development (SDC) is now inviting applications for grants from groups and individuals to undertake projects that will raise public awareness of sustainable development and promote sustainable practices in Hong Kong.
 
     An SDC spokesperson said today (October 25), "In this round of applications, projects that aim to actively promote a low-carbon lifestyle to the general public, with a view to instigating behavioural changes, will receive particular consideration. We support publicity and education programmes for households, small and medium enterprises and youth in the community for inducing behavioural changes in aspects of low-carbon living, particularly focusing on energy saving and waste reduction and recycling. The launching of the new round of applications can help set the scene for meeting the carbon neutrality goal as laid down in the recently announced Hong Kong's Climate Action Plan 2050. Other projects that are generally consistent with the overall objectives of the Sustainable Development Fund will also be welcome."

     Details of the priority area, application forms and application guidelines are available online (www.enb.gov.hk/en/susdev/sdf). Application documents (including both original hard copy and soft copy) should reach the Sustainable Development Fund Secretariat (with the original hard copy to be sent to 5/F, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong; and soft copy to be emailed to sdf@epd.gov.hk) by 6pm on December 24, 2021.

     An online briefing session will be held on November 16 to brief interested parties on details of the Sustainable Development Fund and points to note in preparing applications. Persons who would like to attend the briefing session are requested to register through the e-form (docs.google.com/forms/d/e/1FAIpQLSdyH2xwcSFH5XlTT2A605LDGuxC6uN0vKeuwpud7LJFmfDpLQ/viewform) by November 9.

     Enquiries can be directed to the Secretariat at 2835 1026 or sdf@epd.gov.hk.

     The Sustainable Development Fund was set up in 2003 to provide financial support for initiatives that will help enhance public awareness of sustainable development and encourage sustainable practices in Hong Kong. Since then, 13 rounds of applications have been processed with 74 projects approved involving a total grant of about $76 million.