Tag Archives: China

     Regarding certain erroneous comments made online yesterday (July 27) about five lawyers having been assigned by the Legal Aid Department (LAD) to represent Mr Tong Ying-kit in the National Security Law case, the LAD today (July 28) responds as follows:

     The LAD had only assigned one senior counsel and one junior counsel in the case. Another barrister who appeared in the court on a pro bono basis with the court’s approval was not assigned by the LAD. read more

     The Government exercises the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) and publishes in the Gazette a compulsory testing notice, which requires any person who had been present at six specified premises during the specified period (persons subject to compulsory testing) to undergo a COVID-19 nucleic acid test.

     In view of a non-locally confirmed case who had lived in Hong Kong, one specific premises is included in the compulsory testing notice today (July 28). Persons who have completed a COVID-19 vaccination course would be taken to have complied with the requirements set out in the compulsory testing notice.
 
     Furthermore, in relation to a previous case with L452R mutant strain and epidemiological linkage with an imported case, any person who had been present at five specified premises during the specified period has to undergo additional testing. For prudence’s sake, the above compulsory testing requirement applies to those who have completed a COVID-19 vaccination course as well.

     If the tropical cyclone signal No. 3 or above is hoisted, or a red/black rainstorm warning signal or “extreme conditions after super typhoons” announced by the Government is/are in force at any time during the period for undergoing the compulsory testing, the period for undergoing the compulsory testing will be extended for one day.

     Details of the compulsory testing notice are in Annex 1.

     Subsequent to the announcement by the Centre for Health Protection (CHP) on the updated quarantine arrangements of local COVID-19 cases with a mutant strain, persons who resided or worked within the same building as the residence of relevant cases will be subject to compulsory testing on the third, seventh, 12th and 19th days counting from the announcement of the relevant confirmed case by the Department of Health (DH). Relevant persons have to undergo testing on specified dates. They will also be required to undergo self-monitoring until the 21st day (see the details of the buildings and dates of testing at www.coronavirus.gov.hk/pdf/CTN_Specified_premises_and_Dates_of_Testing.pdf). For prudence’s sake, the above compulsory testing requirement applies to those who have completed a COVID-19 vaccination course as well.

     In accordance with the compulsory testing notice issued earlier, all household members of close contacts are required to undergo compulsory testing. Any person who had lived with a person placed under quarantine pursuant to section 22 of the Prevention and Control of Disease Regulation (Cap. 599A) (person under quarantine) in the same residential unit on the date of commencement of quarantine or during the 14 days before that day, and who becomes aware of the quarantine of the person under quarantine when the relevant quarantine has not yet been completed, has to undergo testing within two days of him or her becoming aware that the person under quarantine has been placed under quarantine and report to the Government the result of the test by phone (6275 6901), fax (2530 5872) or email (ct@csb.gov.hk) within three days of undergoing the test. For prudence’s sake, the above compulsory testing requirement applies to those who have completed a COVID-19 vaccination course as well.
 
     Community testing centres (CTCs) provide testing services for the public, including free service for persons subject to compulsory testing. Booking and walk-in services are available. Members of the public only need to provide simple personal information on the 24-hour booking system (www.communitytest.gov.hk/en). The system shows the booking status of the centres for the coming three weeks to facilitate the public’s planning and selection of a suitable testing centre and a time slot for testing. The testing centres will accord priority to serve individuals with advance bookings. As of 6pm today, there were around 25 000 booking places available for tomorrow (July 29) at the CTCs, and around 86 per cent and 92 per cent availability for booking places for the coming seven days and 14 days respectively. Members of the public may call the testing centres for enquiries on the availability of bookings or walk-in quotas before visiting the centres.
 
     The Government will set up a mobile specimen collection station at North Transition Deck, L6, Terminal 1, Hong Kong International Airport tomorrow to provide free testing service for airport staff subject to compulsory testing. Outdoor mobile specimen collection stations will be closed if the Strong Wind Signal No. 3 or Red Rainstorm Warning Signal is hoisted while all mobile specimen collection stations together with all CTCs will be closed when the No. 8 Gale or Storm Signal or higher or Black Rainstorm Warning Signal is hoisted.
 
     Coupled with 18 CTCs, there will be a total of 35 CTCs/mobile specimen collection stations in various districts tomorrow to provide free service for persons subject to compulsory testing. The testing capacity should be sufficient to meet the demand. The opening dates and operating hours of the mobile specimen collection stations in various districts providing free COVID-19 nucleic acid testing services for the general public are stated in Annex 2. Persons subject to compulsory testing and those with the “LeaveHomeSafe” COVID-19 exposure notification or SMS notification from the CHP reminding them to undergo testing as soon as possible may receive free testing at CTCs or mobile specimen collection stations (if the service scope is applicable).
     
     Persons subject to compulsory testing may choose to undergo testing via the following routes:

1. To visit any of the mobile specimen collection stations (see the list and target groups (if applicable) at www.coronavirus.gov.hk/eng/early-testing.html) for testing;
2. To attend any of the CTCs (see the list at www.communitytest.gov.hk/en);
3. To obtain a deep throat saliva specimen collection pack from any of the 121 post offices, vending machines set up at 20 MTR stations or 47 designated general outpatient clinics (GOPCs) of the Hospital Authority and return the specimen to one of the designated specimen collection points (see the distribution points and times, and the specimen collection points and times, at www.coronavirus.gov.hk/eng/early-testing.html);
4. To undergo testing at any of the GOPCs of the Hospital Authority as instructed by a medical professional of the Hospital Authority;
5. To self-arrange testing provided by private laboratories which are recognised by the DH and can issue SMS notifications in respect of test results (see the list at www.coronavirus.gov.hk/pdf/List_of_recognised_laboratories_RTPCR.pdf); or
6. To use a specimen bottle distributed to the relevant specified premises by the CHP (if applicable), and return the specimen bottle with the sample collected as per relevant guidelines.

     A spokesman for the Food and Health Bureau cautioned that testing received at the Accident and Emergency Departments of the Hospital Authority or during hospital stays, or testing provided by private laboratories which cannot issue SMS notifications in respect of test results, does not comply with the requirements of the aforementioned compulsory testing notice.

     “If persons subject to compulsory testing have symptoms, they should seek medical attention immediately and undergo testing as instructed by a medical professional. They should not attend the mobile specimen collection stations or the CTCs.”
 
     Persons subject to compulsory testing must keep the SMS notifications containing the result of the test for checking by a law enforcement officer when the officer requires the persons to provide information about their undergoing the specified test.

     Furthermore, persons subject to testing under the compulsory testing notices should, as far as reasonably practicable, take appropriate personal disease prevention measures including wearing a mask and maintaining hand hygiene, and, unless for the purpose of undergoing the specified test, stay at their place of residence and avoid going out until the test result is ascertained as far as possible.

     Any enquiries on compulsory testing arrangements may be addressed to the hotline at 6275 6901, which operates daily from 9am to 6pm. If persons subject to compulsory testing plan to conduct testing at any of the CTCs, they can check the centre’s appointment status in advance. The hotlines of the CTCs are available at www.communitytest.gov.hk/en/info.

     The Government will continue to trace possibly infected persons who had been to the relevant premises, and seriously verify whether they had complied with the testing notices. Any person who fails to comply with the testing notices commits an offence and may be fined a fixed penalty of $5,000. The person would also be issued with a compulsory testing order requiring him or her to undergo testing within a specified time frame. Failure to comply with the order is an offence and the offender would be liable to a fine at level 4 ($25,000) and imprisonment for six months.

     Relevant officers of different government departments are empowered to perform certain functions under the relevant Regulations under the Prevention and Control of Disease Ordinance (Cap. 599), including requesting individuals to provide information and assistance when necessary. Any person who fails to comply with the relevant request commits an offence and would be liable to a fine at level 3 ($10,000). Collection and use of any personal data for conducting COVID-19 tests must meet the requirements under the Personal Data (Privacy) Ordinance (Cap. 486). Government departments or testing service providers which handle the relevant information may provide the data to the DH or other relevant departments for anti-epidemic purposes as necessary. The workflow does not involve the provision of any personal data to organisations or persons outside Hong Kong.

     The spokesman said, “The Government urges all individuals who are in doubt about their own health conditions, or individuals with infection risks (such as individuals who visited places with epidemic outbreaks or contacted confirmed cases), to undergo testing promptly for early identification of infected persons.” read more

     The COVID-19 Vaccination Programme has been implemented for 153 days since February 26, 2021.        So far, about 5 464 800 doses of vaccines have been administered under the Vaccination Program… read more

     â€‹The Secretary for Food and Health, Professor Sophia Chan, met with the District Health Centre (DHC) Express operators in 11 districts (namely Central and Western District, Wan Chai District, Eastern District, Yau Tsim Mong District, Kowloon City District, Kwun Tong District, North District, Tai Po District, Sai Kung District, Sha Tin District and Islands District) to share the concept on DHC Express and primary healthcare today (July 28).

     Professor Chan said, “In a bid to shift the emphasis of the present healthcare system and mindset from treatment-oriented to prevention-focused, the Government is enhancing district-based primary healthcare services in all 18 districts gradually. Among other things, the Government aims to introduce the interim DHC Express for 11 districts during the term of the current Government, in advance of the operation of full-fledged DHCs, with a view to building up a critical mass of district-based primary healthcare services throughout the territory as early as practicable.”

     “DHC Express will provide prevention-focused primary healthcare services on different levels, including health promotion and education, health risk factors assessment and chronic disease management.” 

     She said, “Apart from serving as a district health resource hub that links different service providers of various aspects of primary healthcare services in the community, DHC Express will also leverage on a private healthcare network in the community to enable members of the public to receive the necessary care and services when needed. DHC Express in the various districts is targeted to commence services in the fourth quarter this year.”

     At today’s meeting, Professor Chan shared with the DHC Express operators about the mission and vision for primary healthcare development, and the plan of formulating blueprint for the sustainable development of primary healthcare services for Hong Kong. She emphasised that the DHC Scheme was an important part of the whole public healthcare system. She also invited the DHC Express operators to promulgate the initiatives of the Government, including to combat of COVID-19 epidemic, Hong Kong Cancer Strategy, as well as Strategy and Action Plan to Prevent and Control Non-Communicable Diseases in Hong Kong. Besides, the DHC Express operators shared their views on primary healthcare development.

     The Food and Health Bureau will continue to work with health and social sectors to proactively promote the development of primary healthcare in order to improve the health of all citizens and enhance their quality of life.

read more

     The Government announced today (July 28) that, pursuant to the power conferred on him by section 841(2) and (3) of the Companies Ordinance (Cap. 622) (the Ordinance), the Financial Secretary, Mr Paul Chan, has appointed Mr Clement Chan Kam-wing as the Inspector to investigate into the affairs of Next Digital Limited (Stock Exchange of Hong Kong Stock Code: 282) (NDL). 
 
     Under sections 841(2) and (3) of the Ordinance, the Financial Secretary may appoint a person to investigate a company’s affairs, if it appears to him that there are circumstances suggesting the following and he is satisfied that it is in the public interest to appoint the Inspector:

(a) the company’s affairs are being or have been conducted:

1. in a manner unfairly prejudicial to the interests of its members generally or of one or more members;
2. with intent to defraud its creditors or the creditors of any other person; or
3. for any other fraudulent or unlawful purpose; or

(b) the persons concerned with the formation of the company or the management of its affairs have, in relation to the formation or management, engaged in fraud, misfeasance or other misconduct towards it, its members or its creditors.

     In invoking the statutory power to make the appointment, the Financial Secretary has reviewed the relevant facts and circumstances in relation to the affairs of NDL and all the available information. It appears to the Financial Secretary that there are circumstances suggesting the existence of a state of affairs referred to in section 841(2) of the Ordinance in relation to NDL, including, among others, that NDL has been run in a manner unfairly prejudicial to the interests of its shareholders and creditors; that the officers of NDL have used the listed company to conduct unlawful activities and have themselves been involved in various alleged fraud offences and misconduct closely associated with the affairs of NDL; that the senior officers of NDL have breached their fiduciary duties and failed to observe proper standards of care in the performance of their duties; and that the governance of the company had seriously fallen short of that expected of a listed company.
 
     Circumstances that have particularly given rise to great concern include, first, on May 26, 2021, NDL made a corporate announcement, effectively indicating that the company had a strong liquidity position that would provide it with sufficient working capital for continued operation for another 18 months from April 1, 2021. However, with only HK$18 million in bank balances held by three of the company’s subsidiaries being frozen by the Secretary for Security on June 17, 2021, NDL announced in less than a week on June 23, 2021 that it had to cease one of its major subsidiaries’ publication businesses on the following day. Second, the Financial Secretary also noticed that NDL had failed to comply with the Listing Rules to publish its preliminary annual results in time, and it subsequently made an announcement on July 22, 2021, revealing for the first time that it had made an early loan repayment of $150 million to its former chairman and major shareholder on April 1, 2021, substantially reducing its cash balance, when the previous financial reports of NDL suggested that there was still considerable time to go before the loan was due. This casts doubt as to whether such repayment was potentially intended to defraud the company’s creditors. Third, the Financial Secretary noticed that the officers of NDL were charged in April 2021 for fraud in relation to the misuse of one of its subsidiaries’ premises by the subsidiary. Fourth, in end-2020 and mid-2021, the senior officers of NDL and the three subsidiaries of NDL were charged for various serious criminal offences under the Hong Kong National Security Law, raising the question of whether the affairs of NDL had been conducted by its officers in pursuit of their personal interests to the detriment of the public shareholders.  
 
     All the circumstances give rise to grave concerns on whether there was serious mismanagement on the part of NDL, in particular the involvement of its senior officers in the alleged criminal offences and/or misconduct and the officers’ failure in their duty to prevent this from happening, and whether the officers of NDL had taken reasonable and adequate steps to protect the interests of its shareholders and creditors.
 
     In view of the above, the Financial Secretary considers it in the public interest to invoke the relevant statutory power to appoint an inspector to investigate into the affairs of NDL. As a leading financial and commercial centre, Hong Kong attaches paramount importance to upholding the integrity and reputation of its corporate sector and the corporate governance regime, which is the hard-earned result of the continuous efforts of the Government, regulators and the business community over the years. Compliance with a high standard of governance by companies, in particular listed companies, is vital to Hong Kong in maintaining the quality, fairness and effectiveness of its market. It is also necessary to ensure that the right of incorporation is not abused and that public confidence in how companies conduct their affairs is maintained. It is therefore important, and in line with international practice, that any suspected serious wrongdoings of a company, in particular a company that is publicly listed, should be investigated if the circumstances so warrant. 
 
     The Inspector appointed is requested to investigate into the affairs of NDL, draw his own conclusions and report on, among others: (i) whether the affairs of NDL are being or have been conducted in a manner unfairly prejudicial to the interests of its members, with intent to defraud any creditors, or for any fraudulent or unlawful purpose; (ii) whether the affairs of NDL have been conducted in the personal interests of any of its senior officers to the detriment of its public shareholders; (iii) whether officers of NDL have engaged in fraud, misfeasance or other misconduct towards NDL, its members or its creditors; (iv) whether full, adequate and timely disclosures were made by NDL to its shareholders; (v) whether any officers of NDL have been in breach of any of their duties or negligent in performing their functions; (vi) whether transactions concerning NDL in relation to loan(s) provided by its former Chairman and/or the repayment(s) were made bona fide, at arm’s length and in the normal course of business; (vii) whether NDL is generally in a healthy state of governance commensurate with that expected of a listed company; and (viii) whether it is expedient in the public interest for the Financial Secretary to consider making an application under section 879(6) of the Ordinance for a disqualification order against any person to be made under section 168J of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32).
 
     The Inspector’s powers in regard of the investigation are clearly set out in the Ordinance. For example, under section 846 of the Ordinance, the Inspector appointed may require the company, an officer or former officer of the company, an agent or former agent of the company and a person in possession of information relevant to the investigation, to produce within the specified time any record or document that may be relevant to the investigation, and attend before the Inspector, at the specified time and place, and answer any questions, whether on oath or otherwise, relating to any matter under investigation that the Inspector may raise. The Inspector would submit a Final Report to the Financial Secretary in six months.  
 
     Mr Clement Chan, the Inspector appointed, is a senior accountant and served as a president of the Hong Kong Institute of Certified Public Accountants (HKICPA). He was also a non-executive director of the Securities and Futures Commission. He has a wealth of experience in public service, being currently a non-executive director or member of several institutions, namely the Hong Kong Mortgage Corporation Limited, the Standing Committee on Company Law Reform, the Inspection Committee of the Financial Reporting Council, the HKICPA’s Audit Committee and Regulatory Oversight Board, and the Independent Police Complaints Council.  read more