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Author Archives: hksar gov

LegCo continues to consider National Anthem Bill

The following is issued on behalf of the Legislative Council Secretariat:

     The Legislative Council (LegCo) will hold a meeting tomorrow (June 3) at 11am in the Chamber of the LegCo Complex. During the meeting, the proceedings of the committee of the whole Council on the National Anthem Bill will resume. After the committee of the whole Council has completed consideration of the Bill and its report is adopted by the Council, the Bill will be set down for the Third Reading.
 
     The Second Reading debate on the Trade Marks (Amendment) Bill 2019, the Inland Revenue (Amendment) (Tax Concessions) Bill 2020, the Inland Revenue (Amendment) (Ship Leasing Tax Concessions) Bill 2020, the Hotel and Guesthouse Accommodation (Amendment) Bill 2018, the Fire Safety (Industrial Buildings) Bill, the Discrimination Legislation (Miscellaneous Amendments) Bill 2018, the Occupational Retirement Schemes (Amendment) Bill 2019, the Copyright (Amendment) Bill 2019 and the Supplementary Appropriation (2018-2019) Bill will also resume. If the Bills are supported by Members and receive their Second Reading, they will stand committed to the committee of the whole Council. After the committee of the whole Council has completed consideration of the Bills and their reports are adopted by the Council, the Bills will be set down for the Third Reading.
 
     On Member’s Bill, the Second Reading debate on the St. John’s College (Amendment) Bill 2019 will resume. If the Bill is supported by Members and receives its Second Reading, it will stand committed to the committee of the whole Council. After the committee of the whole Council has completed consideration of the Bill and its report is adopted by the Council, the Bill will be set down for the Third Reading.
 
     On Government motion, the Secretary for Justice will move a proposed resolution under the Fatal Accidents Ordinance. The motion is set out in Appendix 1.
 
     On Members’ motions, Ms Yung Hoi-yan and Ms Alice Mak will move separate motions under Rule 49B(1A) of the Rules of Procedure to censure Ms Claudia Mo and Mr Dennis Kwok. The motions are set out in Appendices 2 and 3 respectively.
 
     Mr Lam Cheuk-ting and Ms Mo will move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Yuen Long Station of West Rail Line of the MTR Corporation Limited on July 21, 2019. The motions are set out in Appendices 4 and 5 respectively.
 
     Mr Alvin Yeung, Dr Kwok Ka-ki and Mr Kwong Chun-yu will move three separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Prince Edward Station of the MTR Corporation Limited on August 31, 2019. The motions are set out in Appendices 6 to 8 respectively.
 
     Ms Tanya Chan, Dr Kwok, Dr Fernando Cheung and Mr Kenneth Leung will move seven separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the Police’s handling of protesters and persons performing duties in the protests during the “anti-extradition to China” movement. The motions are set out in Appendices 9 to 15 respectively.
 
     Mr Chung Kwok-pan and Dr Priscilla Leung will move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the causes and consequences of the social conflicts or disturbances arising from the amendments to the Fugitive Offenders Ordinance and related matters. The motions are set out in Appendices 16 and 17 respectively. Mr James To will move an amendment to Dr Leung’s motion.
 
     Mr Charles Mok, Mr Jeremy Tam and Dr Kwok will also move four separate motions under Article 73(5) and (10) of the Basic Law to summon persons concerned to produce papers and testify. The motions are set out in Appendices 18 to 21 respectively.
 
     Meanwhile, Mr Kwok will move a motion on no confidence in the Fifth Term Government of the Hong Kong Special Administrative Region as set out in Appendix 22. Ms Mo will move an amendment to Mr Kwok’s motion.
 
     Mr Lam will move a motion on strengthening the combat against parallel trading activities, and tightening the arrangements for Mainland residents visiting Hong Kong. The motion is set out in Appendix 23.
 
     During the meeting, Members will also ask the Government 20 questions on various policy areas, five of which require oral replies.
 
     The agenda of the above meeting can be obtained via the LegCo Website (www.legco.gov.hk). Members of the public can watch or listen to the meeting via the “Webcast” system on the LegCo Website. To observe the proceedings of the meeting at the LegCo Complex, members of the public may call 3919 3399 during office hours to reserve seats read more

An abnormally hot May

     May 2020 was generally fine and hot in the first half of the month, while unsettled weather and occasional heavy showers set in in the latter half. Overall, the month was much hotter than usual. The monthly mean minimum te… read more

Illegal worker jailed

     A Vietnamese illegal worker was jailed by Shatin Magistrates’ Courts yesterday (June 1).

     During operation “Breakthrough” conducted on May 29, Immigration Department (ImmD) investigators raided a restaurant in Shatin. A female Vietnamese, aged 59, was arrested while working as a dish washing worker. An employer suspected of employing the illegal worker was also arrested and the investigation is ongoing.

     The illegal worker was charged at Shatin Magistrates’ Courts yesterday with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. She pleaded guilty to the charge and was sentenced to 15 months’ imprisonment. Meanwhile, she was also charged with one count of using a forged Hong Kong identity card and was sentenced to 15 months’ imprisonment. All sentences are to run concurrently, making a total of 15 months’ imprisonment.

     The ImmD spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months’ imprisonment should be applied in such cases. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years’ imprisonment.

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

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