Author Archives: hksar gov

     The Chief Secretary for Administration, Mr John Lee, today (July 17) made the following statement in response to the latest actions by the United States Government against the Hong Kong Special Administrative Region (HKSAR):

     It is the HKSAR’s constitutional responsibility to safeguard national security. It is evident that the Hong Kong National Security Law (NSL) has played a key role over the past year since its promulgation and implementation. Hong Kong’s stability has been restored and the national security risk has been placed under control, which are developments conducive to maintaining a favourable environment for investment and conducting business, thus enabling a speedy economic recovery and fostering of Hong Kong’s prosperity. The unfounded allegations and the publicity stunt of the United States Government against the business environment of Hong Kong are clear attempts to create trouble out of nothing and intimidate investors.

     The NSL underpins the rights and freedoms of Hong Kong people as well as the high degree of autonomy of the HKSAR. People can continue to legitimately enjoy basic rights and freedoms, and no longer have to be concerned about personal safety, as in the time of social disturbances before the NSL came into force. The NSL clearly stipulates that the HKSAR shall protect the rights and freedoms enjoyed by residents under the Basic Law of the HKSAR of the People’s Republic of China and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong in accordance with the law.

     The United States has once again recklessly adopted such measures as so-called ‘sanctions’ and a ‘business advisory’ to smear and maliciously attack China and the HKSAR, using the protection of human rights as an excuse, completely ignoring the fact that the stability of Hong Kong’s community and business environment has been restored. The United States is only undermining its own credibility again, and will end up reaping the consequences.

     The bullying acts by the United States once again illustrate that it is absolutely necessary and appropriate for us to take resolute actions to safeguard national security. Without national security, there is no stability and prosperity. National security is key to protecting Hong Kong’s business environment. The HKSAR Government will deepen the implementation of the NSL, continue to consolidate the impact of the NSL, and protect the nation and the HKSAR. read more

     The Director of Food and Environmental Hygiene has ordered a fresh provision shop in Kwun Tong to suspend business for 14 days as the operator repeatedly breached the Food Business Regulation (FBR) by extending the business area illegally.

     The shop, located at Shop A on the ground floor of 19-21 Shui Wo Street, Kwun Tong, was ordered to suspend business from today (July 17) to July 30.

     “In January and April this year, two convictions for the above-mentioned breaches were recorded against the shop. A total fine of $4,000 was levied by the court and 30 demerit points were registered against the licensee under the department’s demerit points system. The contraventions resulted in the 14-day licence suspension,” a spokesman for the Food and Environmental Hygiene Department (FEHD) said.

     The licensee of the shop had a record of two convictions for the same offence last December and this January. A total fine of $5,000 was levied and 30 demerit points were also registered. The breaches led to a licence suspension for seven days this May.

     The spokesman reminded the licensees of food premises to comply with the FBR, or their licences could be suspended or cancelled.

     Licensed food premises are required to exhibit a sign, at a conspicuous place near the main entrance, indicating that the premises have been licensed. A list of licensed food premises is available on the FEHD’s website (www.fehd.gov.hk/english/licensing/index.html). read more

     The Census and Statistics Department (C&SD) today (July 17) said that the 2021 Population Census (Census) would proceed to the face-to-face interviewing phase from tomorrow (July 18) until August 4. Census officers, working in pairs, will visit households that have yet to submit the completed questionnaires to collect the required information.

     The Commissioner for Census and Statistics, Ms Marion Chan, said that up to July 16, around 1.63 million households have completed the questionnaires. She appealed to households that have received the notification letters from the C&SD to participate in the Census by completing their questionnaires through online or telephone means as soon as possible, so as to reduce face-to-face contact. For those households that have received paper questionnaires, they may also return the completed questionnaires to the C&SD by post. The census officers will not visit those households that have submitted the questionnaires.
 
     Some households, including those without a clearly identifiable postal address (such as those residing in rural areas using communal letter boxes or those living in non-residential buildings), may not have received a notification letter by post earlier. The C&SD will arrange census officers to visit them to deliver the notification letters directly and conduct face-to-face interviews at the same time. 
 
     Forty-four field centres have been set up for the Census in various districts. Ms Chan visited the field centre in Wan Chai today to learn more about the work of the census officers and give them encouragement. Ms Chan called for the public’s support for the Census and co-operation with the census officers. The census officers will normally visit households between 1pm to 10pm from Monday to Sunday. Households may make a prior appointment for a face-to-face interview by calling the Census hotline at 18 2021.
 
     Ms Chan said, “The census officers can be easily recognised as they will wear a purple T-shirt uniform with a 2021 Population Census badge and carry a red satchel with the 2021 Population Census logo. They will also identify themselves with a Census Officer Certificate of Identity issued by the C&SD.” She reminded the public to check carefully the identity of census officers before admitting them to their premises or providing data to them. In case of doubt, households might call the Census hotline at 18 2021 to verify their identity.
 
     Ms Chan stressed that data collected regarding individuals and households would be kept strictly confidential. Such information would only be used for compiling statistics but not for other purposes. All census officers had also signed a declaration not to disclose to any unauthorised persons any information that they have become aware of in the course of their duties.
 
     The Census is conducted under section 9 of the Census and Statistics Ordinance (Cap. 316). All persons specified are obliged to provide the required information to the C&SD. It is an offence if any person contravenes the legal requirement for completing the Census questionnaire. All questionnaires will be destroyed within 12 months after the commencement of the Census.

    

     Responding to the US Administration’s so-called “advisory” to US businesses and individuals operating in Hong Kong, the Department of Justice (DoJ) today (July 17) issued the following statement:
      
     The National Security Law (NSL) is in line with the international practice of safeguarding national security. It is appalling to see that a number of western countries have launched groundless attacks on the NSL with a deliberate attempt to mislead the international community.
      
     The NSL clearly stipulates that the Hong Kong Special Administrative Region (HKSAR) shall protect the rights and freedoms enjoyed by residents under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong in accordance with the law. However, such rights and freedoms are not absolute. It must be borne in mind that the ICCPR expressly states that they may be subject to restrictions as prescribed by law if it is necessary in the interests of national security, public safety, public order or the rights and freedoms of others, etc.
      
     In handling cases of endangering national security, DoJ’s prosecutors must act in accordance with the NSL and local law. All prosecutorial decisions are based on admissible evidence and applicable laws. Cases will never be handled any differently owing to the political beliefs or background of the persons involved. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction. The DoJ has been carrying out this constitutional duty in a professional and fair manner.
      
     Extraterritorial application vested with the NSL is in line with the well-recognised international law principle of “protective jurisdiction”. If foreigners commit crimes abroad against a sovereign State that endanger its security or its vital interests, the sovereign State can adopt laws with extraterritorial effects to exercise prescriptive criminal jurisdiction. Extraterritoriality is in fact a common feature of national security laws in many countries. For instance, the United States Code, the Logan Act of the United States, the Terrorism (Suppression of bombings) Act of Singapore, the German Criminal Code, etc. Undoubtedly, the extraterritorial effect provided for in the NSL aligns with the principles of international law and international practice.
      
     In the HKSAR, the only criteria upon which judges are appointed is their judicial and professional quality, and their appointment by the Chief Executive is upon the recommendation of an independent statutory commission. When adjudicating cases under the NSL, judges remain independent and impartial in performing their judicial duties, free from any interference. The arrangement on the designation of judges under the NSL does not undermine the highly respected judicial independence of the HKSAR. The HKSAR has been entrusted with the responsibility under the NSL to exercise jurisdiction over most of the cases, save for only three specified situations.
      
     Sovereign equality is a basic norm of international relations and a fundamental principle of international law, with the Charter of the United Nations (UN) expressly setting out this principle. The principle of non-intervention is an important concept central to sovereign equality. Further, the International Court of Justice in its judgment in 1986 reiterated non-intervention as a principle of customary international law.
      
     Under the principles of State sovereignty and non-intervention, sanctions should be brought only in very limited circumstances, such as dealing with terrorism or nuclear proliferation, and in an appropriate forum, which is the UN Security Council. Other so-called “sanctions”, known as unilateral coercive measures, are contrary to international law and the UN framework, and most importantly violate the principle of non-intervention under international law.
      
     Unilateral coercive measures are at odds with the international law principle of non-intervention, unbecoming of any civilised nation, and is a hindrance to international peace and stability. In the face of international illegal acts, countries are justified in deploying countermeasures as a response to a breach of the principle of non-intervention against itself. Therefore, the countermeasures adopted by the Central People’s Government are legitimate and an accepted practice under international law.
      
     The enactment of the NSL is in line with the international practice of safeguarding national security and the sovereign rights of our country. Hong Kong’s legal system and rule of law remain robust with law and order restored. Hong Kong’s financial market continues to grow after 2019. This evidences the benefits and importance of the NSL to the stability and prosperity of Hong Kong. read more

     Hong Kong – with its prime location, unrivalled connections to China, East Asia, the Association of Southeast Asian Nations, and stability restored – is the best place in Asia for business and for investment, the Secretary for Commerce and Economic Development, Mr Edward Yau, said today (July 17).

     “We consider the US Administration’s so-called ‘advisory’ to US businesses and individuals operating in Hong Kong a blatant interference of Hong Kong’s affairs and intrusion of international business practices. The so-called warnings are biased, self-serving, of double standard and not fact-based,” Mr Yau said.

     “Hong Kong has always been the most welcoming place for doing business and popular among multinational firms for they see Hong Kong offering rules-based, open and competitive trading environment to all. These are well protected and not being eroded. Since the introduction of the National Security Law (NSL), the Hong Kong Special Administrative Region Government has been helping companies to better understand the law. Like similar legislation in place in most if not all jurisdictions round the world, the NSL would not affect business unless their acts contravene the law, and we have independent judiciary to handle such contraventions. We vehemently object to the accusations made by the US which are of double standard and have no foundation in facts,” he continued.

     “We engage closely the international business community through regular dialogue and exchanges and we take account of their views. The overwhelming view from them is that they remain positive towards the environment they are operating in, especially after law and order has been restored after the riots and unrest in 2019 through the enactment of the NSL,” he added.

     Despite the geopolitical tension, and the rising protectionism initiated by the US to which Hong Kong strongly objects, international businesses, including those from the US, have been enjoying the friendly and free trading environment in Hong Kong. Comments including those from the American Chamber of Commerce in Hong Kong reaffirm the fact that Hong Kong remains a critical and vibrant facilitator of trade and financial flow between the East and West.

     “At present, about 9 000 Mainland and overseas companies have set up offices in Hong Kong, of which more than 40 per cent use Hong Kong as a regional headquarters or regional offices. Hong Kong also ranked the third largest recipient of foreign direct investment in 2020 according to the World Investment Report 2021 released by the United Nations Conference on Trade and Development. These are loud and clear testimonies that Hong Kong remains an attractive business and investment location.”

     “Corporations and business people are most interested in the opportunities arising from the 14th Five-Year Plan and the Guangdong-Hong Kong-Macao Greater Bay Area. International chambers of commerce have also recently reaffirmed their confidence in Hong Kong’s future potential and its position as an excellent place to do business. The words and deeds of foreign business leaders fully demonstrate that the business environment in Hong Kong has not been undermined after the implementation of the NSL. On the contrary, it has become even better,” Mr Yau said.

     Mr Yau stressed that Hong Kong will continue to strive to help businesses, both local and international, grasp the tremendous opportunities arising from the development of the Mainland of China as well as its integration with the region and the global market. “We will achieve this by leveraging our unique advantages under the ‘one country, two systems’ and the international connectivity brought about by our upholding all the pillars that make Hong Kong tick,” he said.  read more