The Government today (June 4) gazetted the Telecommunications (Registration of SIM Cards) Regulation (the Regulation) to implement the Real-name Registration Programme for Subscriber Identity Module (SIM) Cards. The Regula… read more
The Government declared by notices in the Gazette today (June 4) the existence of one vacant elected seat each in the Central and Western District Council Water Street Constituency, Chung Wan Constituency and Kennedy Town … read more
The Government will close and alter a portion of Lai Chi Kok Road near Exit A of MTR Mei Foo Station to facilitate the improvement works at the station. Relevant notices were gazetted today (June 4). Part of t… read more
The following is issued on behalf of the Judiciary:
The Judiciary today (June 4) gazetted nine sets of subsidiary legislation related to the Information Technology Strategy Plan (ITSP) to provide the legal framework which would allow court users to transact court business by electronic means in the District Court (DC) and the Summons Courts of the Magistrates’ Courts (MC).
Seven of the nine pieces of subsidiary legislation which were made by the Chief Justice of the Court of Final Appeal on May 25 are:
(a) the Court Proceedings (Electronic Technology) (Specification of e-Courts) Rules;
(b) the Court Proceedings (Electronic Technology) (Magistrates’ Court) Rules;
(c) the Court Proceedings (Electronic Technology) (District Court Civil Proceedings) Rules;
(d) the Court Proceedings (Electronic Technology) (District Court Criminal Proceedings) Rules;
(e) the Court Proceedings (Electronic Technology) (District Court) (Electronic Fees) Rules;
(f) the Court Proceedings (Electronic Technology) (Magistrates’ Court) (Electronic Fees) Rules; and
(g) the Court Proceedings (Electronic Technology) Ordinance (Commencement) Notice.
The remaining two pieces of subsidiary legislation, namely the District Court Civil Procedure (Fees) (Amendment) Rules 2021 and the Rules of the District Court (Amendment) Rules 2021, were made by the District Court Rules Committee on May 25. The nine sets of subsidiary legislation will be tabled at the Legislative Council (LegCo) on June 9 for negative vetting.
Separately, the Chief Justice made the Costs in Criminal Cases (Amendment) Rules 2021 under section 22 of the Costs in Criminal Cases Ordinance (Cap. 492) on May 25. This set of Rules will be submitted to LegCo for approval in due course.
The Judiciary has been making on-going efforts to make use of technology for enhancing the efficiency of court operations. The ITSP is being implemented in two phases, with the first phase being divided into two stages. In Stage 1 of Phase I, the integrated court case management system (iCMS) is being implemented in the DC and the Summons Courts of the MCs. In Stage 2 of Phase I, the iCMS is expected to be extended to the Court of Final Appeal, the High Court, the remaining part of the MCs and the Small Claims Tribunal. For the remaining courts and tribunals, the iCMS is planned to be implemented under Phase II.
To provide an overall legislative framework to enable court-related documents to be handled in electronic form, eventually covering all levels of court, the Court Proceedings (Electronic Technology) Ordinance (Cap. 638) was enacted on July 17, 2020. Its key features include:
(a) electronic filing or sending of documents to the court will generally be allowed;
(b) documents between parties may be served electronically if there is mutual consent to serve and accept documents by electronic means;
(c) signatures other than traditional manual signatures, such as digital signatures and electronic signatures, for court-related documents will generally be allowed; and
(d) provide proper legal status for printouts/copies of printouts for documents issued by the court.
Cap. 638 also provides that the Chief Justice may specify by subsidiary legislation the detailed court and operational procedures for the use of electronic mode. The nine sets of subsidiary legislation are tabled at LegCo to regulate or facilitate the use of electronic technology in Stage 1, Phase I e-Courts (the DC and the Summons Courts of the MCs). Examples of matters provided for in the subsidiary legislation include documents that can be sent electronically through the iCMS, the conditions and requirements for using electronic signature, and the electronic payment of fees and fines.
The Judiciary aims to implement the iCMS for DC civil cases in batches starting from the fourth quarter of 2021, followed by the Summons Courts of MCs and DC criminal cases in 2022. Subject to the completion of the relevant legislative processes, subsidiary legislation related to DC civil cases will come into operation on October 1, 2021. The Court Proceedings (Electronic Technology) (Magistrates’ Court) Rules, the Court Proceedings (Electronic Technology) (District Court Criminal Proceedings) Rules and the Court Proceedings (Electronic Technology) (Magistrates’ Court) (Electronic Fees) Rules will come into operation on a day to be appointed by the Chief Justice by notice published in the Gazette in due course. read more
Hong Kong Customs and the Police today (June 3) conducted a joint operation to combat the illegal import of strategic commodities. A batch of strategic commodities, including 14 gas masks and eight filter canisters, suspected to be imported without a valid licence was seized in Tai Po and Tai Wai. Two persons were arrested.
Law enforcement agencies earlier received information alleging the sale of suspected illegally imported strategic commodities on the Internet. After investigation, Customs and the Police conducted a joint enforcement operation today and seized a batch of strategic commodities suspected to be imported without a valid licence, including 12 gas masks and seven filter canisters, at a residential unit in Tai Po. A 27-year-old man suspected to be connected with the case was arrested. Police also seized seven imitation firearms and two walkie-talkies in the unit and follow-up action will be taken.
Later, law enforcement agencies arrested a 14-year-old male suspected to be in connection with the case in Tai Wai and seized two gas masks as well as one filter canister in his possession.
Investigation is ongoing. The two arrested persons have been released on bail pending further investigation and the likelihood of further arrests is not excluded.
Customs reminds members of the public, and youths in particular, to abide by the law. Under the Import and Export Ordinance (IEO), any person who imports or exports gas masks, filter canisters or helmets in the control list of strategic commodities under the Import and Export (Strategic Commodities) Regulations without a valid import or export licence commits an offence and is liable to an unlimited fine and to imprisonment for seven years on conviction.
Members of the public may report any suspected violation of the IEO to Customs’ 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).
