Following is the transcript of remarks by the Secretary for Security, Mr John Lee, on the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the National Security Law) at a media session after attending the joint panel meeting in Legislative Council today (July 7):
 
Reporter: Can you respond to critics who said the Implementation Rules bypass all kinds of scrutiny? What about the new rules now that have granted more powers to the Police? Are there any checks and balances to avoid the abuse of powers?
 
Secretary for Security: The seven measures that were announced yesterday and gazetted, actually among the seven measures, four measures are current practices in Hong Kong laws. For example the power to search, in general situations, it will be conducted under a warrant issued by the court. But in exceptional circumstances, where likely, such as evidence may be destroyed in a short period of time, or the person responsible may have a chance to escape, this situation when the police officers face it, then they can search the premises without applying for a search warrant for reasons as I have mentioned. Such practice actually exists in current laws, such as when the Police have to do the similar thing under the Firearms and Ammunition Ordinance or when the ICAC exercise their powers under their relevant laws. In regard to confiscation, restraint of access, this is already the practice in our Hong Kong law in the Organized and Serious Crimes Ordinance or the United Nations (Anti-Terrorism Measures) Ordinance.
 
     Another measure which requires people to show up at certain place to answer questions and to produce materials, again, it’s a practice currently in the Organized and Serious Crimes Ordinance and the United Nations (Anti-Terrorism Measures) Ordinance. So these are all the current practices which we extended to cover the new offences created by the National Security Law. There is another practice which only ICAC officers have, under the Prevention of Bribery Ordinance, when officers of the ICAC can require a person under investigation to surrender his passport through an application to the court. So we are extending this power, so that in respect of national security offences, then the police officers can apply the law. So all these four measures are measures that are currently in the Hong Kong statutes.
 
     In regard to the interception and covert surveillance, again, this is a measure that is currently in place in Hong Kong. But in regard to potential offences in relation to national security matters, the Chief Executive will be the authorising officer. This is not a practice that is peculiar to Hong Kong. In a lot of jurisdictions including western countries, in matters relating to national security, there are practices that the government officials, such as prime ministers, can issue authorisations for interception or covert surveillance. Each place of course has its own safeguards and scrutiny as regards to the exercise of power. In our case, the exercise of this power will be scrutinised by the National Security Committee, and the National Security Committee may appoint an independent person to assist the National Security Committee to scrutinise the exercise of such power. So this, again, is not entirely new.
 
     In regard to taking down messages on the Internet which may cause occurrence of offences in relation to national security, this also is a practice that is being done in a lot of overseas countries where there are powers to take down messages, in public interests or in relation to various offences.
 
     What we do now is, the Police have to have the reason to believe that such information may cause occurrence of offences in relation to the National Security Law. And the person responsible or the service company that provides the service, then they have a duty to take down. So this is a measure that is being practised by other jurisdictions in different places so as to protect either public interests, various interests and also the national security interests as well.
 
     There is also a measure which requires foreign political organisations or their agents, or Taiwan political organisations or their agents when they have activities in Hong Kong. And the Commissioner of Police believes that for the prevention investigation of offences in relation to national security, then he can require such persons or organisations to provide information. This is to control the relevant activities so as to ensure that in the interest of prevention and detection of offences in relation to national security, then the Police have the required tool. A similar power actually exists in the present Societies Ordinance where the Societies Officer can demand any society to provide information that the Societies Officer considers necessary in the discharge of his duty. So again it’s not entirely new. But what is required in the law is provided that the organisation or the person provide that information, then his responsibility is discharged.
 
     There are checks and balances in all the measures. As I've explained, in some of the measures, such as the search in general is conducted by the court, and the exercise of the OSCO (Organized and Serious Crimes Ordinance) powers and the UNATMO (United Nations (Anti-Terrorism Measures) Ordinance) powers, then they may have to apply for permission from the court. The whole procedures are in compliance with the protection of the human rights and also in compliance with the ICCPR (The International Covenant on Civil and Political Rights). And that has been made very clear in the enactment of the National Security Law and also as a result in our making of the rules.
 
(Please also refer to the Chinese portion of the transcript.)

     Following is the speech by the Chief Executive, Mrs Carrie Lam, at the online conference of StartmeupHK Festival 2020: Startup Impact Summit today (July 7):

Ladies and gentlemen,

     Good morning. Hello from Hong Kong and welcome to the fifth edition of the StartmeupHK Festival. This year, the Festival has to go virtual due to the epidemic. However, it remains an annual innovation and start-up extravaganza, offering a lot of inspiration to all of us. For that, my thanks to the six individual conference organisers, the event's many sponsors and the overall Festival organiser, Invest Hong Kong, for putting together another signature event.

     Establishing a start-up is no small decision and I believe entrepreneurs will take into account a host of factors. Business and living environment as well as prospects and opportunities are no doubt crucial. In the light of the fact that Hong Kong has been hitting local and overseas news headlines recently, I feel obliged to give you an update on our city, which I hope will help dispel some misrepresentations.

     Hong Kong has been traumatised by some unprecedented social disruptions characterised by escalating violence, vandalised shops, acts and activities calling for independence of Hong Kong, intimidation of people holding a different political view and threats and doxxing against thousands of police officers on the social media. In short, our reputation as a safe city has been tarnished and the normal business operation has been severely hampered. 

     For Hong Kong which is an inalienable part of China and a local administration enjoying a high degree of autonomy directly under the Central People's Government, threats posed to national security simply could not be tolerated. Hong Kong is supposed to enact local legislation to safeguard national security but we have not been able to do so after 23 years since our return to the Motherland. It is against this background and for the sake of countering the present "defenceless" situation, the Standing Committee of the National People's Congress, the highest organ of state power in China, has enacted a national law to safeguard national security in Hong Kong. This resolute decision of the Central Government is supported by the HKSAR Government and some three million Hong Kong people who took part in a signature campaign over a period of just eight days. Safeguarding national security through legislation at the state level is in line with international practice and has been put in place in many countries around the world. There is simply no valid reason why China alone should be inhibited from enacting national security legislation to protect its territory and its nationals.

     Unlike national security laws in many countries which are wide-ranging, this particular National Security Law only criminalises four types of acts and activities. They are secession, subversion of state power, terrorist activities and collusion with a foreign country or with external elements to undermine national security. It will only target a very small minority of people who have committed those offences, while the life and property, basic rights and freedoms of the overwhelming majority of Hong Kong residents will be protected. Stability will be restored and Hong Kong will provide the environment conducive for businesses to flourish. 

      I am not going into the details of the law save to impress upon you that the legitimate rights and freedoms currently enjoyed by Hong Kong people will not be affected. Hong Kong will continue to be a free and open society. The rule of law including an independent judiciary will be as robust as ever. In short, the favourable factors of Hong Kong in attracting start-ups remain unchanged. Indeed, the number of startups in Hong Kong has doubled over the past five years from about 1 500 to over 3 000.

     Of course, for all things to resume normal, we will have to conquer COVID-19 first, something the world as a whole has not yet succeeded. However, Hong Kong has responded to the challenge quite admirably, if I may say so. To date, our multi-pronged strategy has been among the most effective in the region and well beyond. And I am glad to tell you that innovation and technology has played an important role, which underlines our potential in this area.

     To give you some examples, a monitoring system using Bluetooth low-energy wristbands paired with a dedicated mobile app and geo-fencing technology has enabled the monitoring of over 200 000 individuals under home quarantine here in Hong Kong up to now. An interactive digital map and dashboard has been created to keep the public informed of the pandemic situation. Open data in machine-readable format and application programming interfaces are also available for those looking to conduct their own analysis or develop websites, mobile apps and other programmes. We are also distributing a reusable face mask, known as the CuMask+, free to every Hong Kong resident. Developed and patented by the Hong Kong Research Institute of Textiles and Apparel, the CuMask+ won a Gold Medal at the 2018 International Exhibition of Inventions of Geneva for its groundbreaking technology and its ergonomic design. 

     As remote working or service has become a new trend during the epidemic, we launched the Distance Business Programme to support enterprises to continue their business and services during the epidemic by adopting IT solutions. We have recently decided to triple the financial commitment to the Programme to about US$200 million in view of the positive response to the Programme. These and other coronavirus-inspired developments underline my Government's commitment to innovation and technology. In my three years as Chief Executive of the Hong Kong Special Administrative Region, we have allocated more than US$13 billion dollars to support innovation and technology (I&T) initiatives and programmes. 

     I believe Government support is instrumental in expanding our start-up base. That's evident in the diversity of programmes we offer. For financing, there's the US$260 million Innovation and Technology Venture Fund. Working together with venture capital funds, it invests in local I&T startups at a ratio of about one to two – with the latter coming from our venture capital investors. To date, we've partnered with six venture capital funds, closing 16 deals totalling more than US$10 million. 

     Start-ups are also involved in a number of programmes under the Innovation and Technology Fund. The Public Sector Trial Scheme, for example, provides funding support of about US$130,000 per project for public-sector trials inspired by promising research and development (R&D). We are expanding the Scheme: all technology companies conducting R&D activities in Hong Kong will soon be eligible to apply.

     Within Government, we encourage start-ups and SMEs through our pro-innovation procurement policy. It opens up public data for research, encouraging departments to apply technology and technology-driven solutions more vigorously.

     Innovative technology can be deployed to great effect in delivering public services and smart-city applications. To that end, we launched the Smart Government Innovation Lab earlier this year. It connects government to innovative companies. The initiative helps match suggested products to service needs, enabling proof-of-concept and accelerating Hong Kong's smart-city path.

     Our flagship I&T centres, Hong Kong Science Park and Cyberport, continue to be Government's preeminent partners in promoting start-ups. 

     Looking to the future – and I'm talking here about the Greater Bay Area – we are developing a major innovation and technology park in concert with the Shenzhen Government. The Hong Kong-based park, rising near the boundary with Shenzhen, will serve as a regional and international base for cooperation in scientific research. To date, US$2.6 billion has been set aside for initial development, with the first batch of I&T buildings scheduled for completion by 2023. Soon after, start-up companies with an R&D focus will find themselves with ready access to the Mainland.

     We certainly have what it takes to seize the far-reaching promise of the Greater Bay Area, thanks to our world-class financial and professional services sectors, our R&D strengths, world-class universities and intellectual property protection regime. No less important, our One Country, Two Systems connectivity will smooth the way for companies in the Greater Bay Area, throughout the region and around the world. I understand that the Startup Impact Summit will get going soon and it will spotlight the Greater Bay Area, together with a variety of overseas markets, promoting investor matching, start-up services and pitch sessions. I am sure you will enjoy it.

     Ladies and gentlemen, wherever you are, however you're connected, whatever your business and goals may be, I know you will enjoy and profit from this year's StartmeupHK Festival. And I look forward to seeing you in person, right here in Hong Kong, at next year's Festival.

     Thank you.

  

     â€‹A Government spokesman said today (July 7) that disbursement of subsidy under the Subsidy Scheme for Beauty Parlours, Massage Establishments and Party Rooms (the Scheme) under the second round of the Anti-epidemic Fund was in progress. Of the 14 000-plus applications received, the Government has already approved over 9 000 applications, involving about $370 million in subsidies.

     The Government is now processing some 5 000 remaining applications, including applications from chain operators running multiple business premises or those involving applicants requesting to revise the reported number of workers. The Scheme's secretariat is carefully scrutinising these applications and will seek further information from the applicant and/or the practising accountant engaged by the applicant for verification if needed. Depending on progress, it is expected that the vetting work of the Scheme can be largely completed within this month.

     During the vetting process, the secretariat referred individual suspected cases of fraud to the Police Force for follow-up as appropriate. The secretariat will fully assist in the relevant investigation.

     Applicants can check the status of the processing of their application online at enquiry.bmpsubsidy.gov.hk. For other enquiries, applicants may call the telephone hotline (1836 188) during office hours (Monday to Friday from 9am to 6pm, except public holidays) or send an email to enquiry@bmpsubsidy.hk.

     At its meeting today (July 7), the Land and Development Advisory Committee (LDAC) was briefed by the Development Bureau on the refinements to the Pilot Scheme for Arbitration on Land Premium (Pilot Scheme) and by the Buildings Department and its Consultant on recommendations to improve the current arrangement of requiring private development projects to be registered for certification under the BEAM Plus (Building Environmental Assessment Method Plus) as a prerequisite for application for gross floor area concession for its green, amenity features and non-essential/non-mandatory plant room and services (GFA concession).
      
     Members noted that premium negotiation between lease modification/land exchange applicants and the Government could be a protracted process, indirectly leading to idling of land resources and adversely affecting land supply. The Pilot Scheme was introduced in October 2014, with the objective of encouraging the use of arbitration to expedite the discussion between the applicants and the Government on premium payable. However, there has been only one completed case since the introduction of the Pilot Scheme. Members were briefed on the refinement measures to be introduced by the Government in order to promote the use of the Pilot Scheme, including a new mechanism of setting upper and lower limits for premium payable for cases resorting to arbitration. The upper and lower limits will be set and agreed by both parties prior to the commencement of the arbitration process, which are the last premium offers made respectively by the Government and the applicant before the signing of Arbitration Agreement. The upper and lower limits will not be disclosed to the Arbitral Tribunal in order not to affect the Arbitral Tribunal's independent judgement. If the amount awarded by the Arbitral Tribunal is within the upper and lower limits, the premium payable will be the amount awarded by the Arbitral Tribunal; if the amount awarded by the Arbitral Tribunal is higher than the upper limit or lower than the lower limit, the premium payable will be the pre-determined upper limit or lower limit.  Members noted that the Pilot Scheme would be extended for two years to October 2022, and that the refinements were expected to take effect next month.
      
     Members agreed that, with the continuing shortage of land supply, there was a need to continue to promote the use of arbitration to resolve disagreement over premium payable for lease modification and land exchange applications to expedite land supply. Members noted that the arrangement of setting upper and lower limits on premium payable was formulated with the objective of enhancing the certainty of land transaction amount under the arbitration mechanism and the attractiveness of the Pilot Scheme, without affecting the independent assessment of the Arbitration Tribunal. Members recognised the measure as a worthy step to incentivise the use of arbitration and build up experience under the Pilot Scheme, and suggested that the Government explore if there was room for further improvements to facilitate the process of premium negotiation with more implementation experience accumulated during the extended trial period.
      
     The Buildings Department's Consultant briefed Members on the recommendations arising from a review of the GFA concession mechanism. While maintaining the current uniform level of 10 per cent cap for the GFA concession for new private development projects, the review recommended that new projects would have to achieve a specific rating under the BEAM Plus in order to apply for GFA concession. If a project could only achieve a lower rating, it had to demonstrate compliance with one or more new specific standard(s) which promote a quality built environment in order to apply for GFA concession, examples of which include greenery application, elderly-friendly facilities and interior natural ventilation. While supporting the framework of the proposed mechanism, Members offered suggestions on the implementation of the new mechanism, including the operational aspects of the BEAM Plus assessment, the formulation and benchmarking of the specific standards, the possibility of making certain specific standards mandatory in the long run, etc. The Government would continue to communicate with stakeholders through the established consultation platforms to prepare for the new GFA concession mechanism targeted to be launched by mid-2021.

The following is issued on behalf of the Hospital Authority:

     The spokesperson for Yan Chai Hospital (YCH) made the following announcement today (July 7):
      
     Two asymptomatic patients (aged 91 and 72), who were admitted to male medical ward on June 11 and June 24 respectively, were confirmed to carry Candida auris in an earlier screening exercise on July 3. The patients are now treated under isolation with stable condition. In accordance with prevailing guidelines, YCH has commenced contact tracing for patients who might have had close contact with the index patients.
      
     The hospital has reported the cases to the Hospital Authority Head Office and the Centre for Health Protection (CHP). The following enhanced infection control measures have already been adopted:
 

1. Thorough cleansing and disinfection of the wards concerned;
2. Enhance patient and environmental screening procedures; and
3. Apply stringent contact precautions and enhance hand hygiene of staff and patients.

 
     The hospital will continue to closely monitor the situation of the patients and follow up the cases with concerned departments and the CHP.