Tag Archives: China

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SB strongly condemns article published by online media with false and misleading content on Immigration (Amendment) Bill 2020

     With regard to the false and misleading statement of an article published by an online media and disseminated via social media platforms today (April 21) on the provision in the Immigration (Amendment) Bill 2020 (the Bill) to empower the Secretary for Security to make regulations in relation to the provision of passenger information by carriers, the Security Bureau (SB) expressed strong condemnation.
      
     The spokesman for the SB said, the proposed enabling provision in the Bill is intended for fulfilling the international obligation of the Hong Kong Special Administrative Region (HKSAR) under the “Convention on International Civil Aviation” with a view to implementing the Advance Passenger Information (API) system. The Government has time and again explained clearly to Legislative Council (LegCo) members and the public on the papers submitted to and in the meetings held with the Bills Committee that such system is intended to require the provision of passenger information on flights heading to Hong Kong, rather than departing flights. The right of Hong Kong residents to enter or leave Hong Kong is not affected. The SB strongly condemned individual organisations’ deliberate dissemination of false information and intentional misinterpretation of the legislative purpose and background of the provision, which attempted to spread rumours, mislead members of the public, as well as smear the legislative process. The SB expressed grave dissatisfaction with the act and it is necessary to rebuke the false claims directly.
      
     The spokesman emphasised, “The SB must condemn the rumour mongers for misleading members of the public with ill intentions and set the record straight.”
      
     The spokesman said, “According to the requirements of the Convention on International Civil Aviation, all members should put in place the API system with legal backing. Based on the relevant requirements, airlines need to provide passenger and crew member information to the Immigration Department before flight departure to Hong Kong. It will only apply to flights heading to Hong Kong. So far, over 90 countries already have the API system in place, including the Member States of the European Union, the United States of America, Canada and Australia.”
      
     Introduction of the API system by the International Civil Aviation Organization (ICAO) is to enhance international civil aviation safety and also facilitate the immigration authorities around the world to implement more effective control. The Government’s measures to prevent potential non-refoulement claimants from entering Hong Kong will also be strengthened. In fact, the LegCo has all along been following up on matters related to preventing the abuse of the mechanism of non-refoulement claims, including discussion by the Panel on Security on various occasions and the setting up of a special Subcommittee to review various related matters.

     The spokesman also pointed out, “According to the general practice, the enabling provisions to be stipulated in the main ordinance are usually crafted in more generic terms, while the subsidiary legislation to be made thereunder will set out the operational details with provisions in more specific terms. The making of relevant regulations will also require the scrutiny and passage by the LegCo again. The Government will fully reflect so and set out relevant operational details in the regulations to be formulated at a later stage. In addition, before the implementation of the system, we will consult the aviation sector and different stakeholders, and it is also necessary to seek funding approval from the Finance Committee of LegCo.”
      
     The spokesman emphasised, “The freedom to travel and the right to enter or leave Hong Kong of Hong Kong residents are guaranteed under Article 31 of the Basic Law. Prior to introducing the Bill into LegCo, the Government has assured that the Bill conforms to the Basic Law, including the provisions on human rights. Accordingly, we do not consider it necessary to spell out in the main ordinance that the proposed authority will not affect the rights of Hong Kong residents and persons with the right to enter and stay in Hong Kong.”
      
     The Bills Committee of the LegCo has already undertaken a detailed review on each provision of the Bill and enquired the Government. Meanwhile, in respect of the background and purpose of the system and the proposed provision, the Government has already addressed the questions from LegCo members and individual organisations in detail. The Second Reading of the Bill will be resumed at the LegCo meeting on April 28. If passed by the LegCo, the amended ordinance will take effect on August 1. The Government will also prepare the relevant subsidiary legislation of the API system, and consult stakeholders and the LegCo in due course. read more

Hong Kong Customs seizes products suspected of containing tetrahydro-cannabinol or cannabinol from air parcels (with photo)

     â€‹Hong Kong Customs seized about 12 kilograms of products suspected of containing tetrahydro-cannabinol (THC) or cannabinol (CBN) with an estimated market value of about $20,000 at Hong Kong International Airport (HKIA) on April 15.

     Customs officers on that day inspected two air parcels at HKIA that arrived in Hong Kong from the United States of America which were carrying about 90 items of different products, including candies, personal hygiene products and pet food. The officers found that some of the products were suspected of containing THC or CBN.

     After follow-up investigation, Customs officers today (April 21) arrested a 37-year-old man suspected to be in connection with the case at HKIA.

     An investigation is ongoing.

     Customs will continue to maintain close contact with Hongkong Post and the logistics industries to step up action against drug trafficking through postal parcels or express courier channels.

     Customs reminds members of the public that THC and CBN are classified as dangerous drugs under the Dangerous Drugs Ordinance (DDO). Importation of products (including food or drinks) containing THC or CBN into Hong Kong is prohibited unless the relevant provisions in the DDO are complied with. In order to avoid breaching the law inadvertently, special attention should be paid to the packaging labels of relevant products.

     Under the DDO, trafficking in a dangerous drug is a serious offence. The maximum penalty upon conviction is a fine of $5 million and life imprisonment.

     Members of the public may report any suspected drug trafficking activities to Customs’ 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).

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Government to gazette compulsory testing notice

     The Government will exercise the power under the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J) and publish 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.
 
     Currently, in all districts in Hong Kong, if one or more new confirmed cases are found in the residential buildings (including buildings for both commercial and residential uses), or there are sewage samples tested positive, or there are other factors which implied possible infection risks, the buildings will be included in the compulsory testing notice. 

     In view of the preliminary positive cases recorded today (April 21), two premises fulfilling the above criteria are included in the compulsory testing notice. Also, Oi Fai House (Block 3) of Yau Oi Estate, 10 Yau Oi Road, Tuen Mun was included in the compulsory testing notices on April 7 and April 14, 2021. Since the incubation period of the virus could be long, the relevant persons have to undergo a third test. In addition, since there were outbreaks of upper respiratory tract infection (URTI) in three schools, and the symptoms of URTI are similar to those of COVID-19, for prudence’s sake, the three schools are also covered in the compulsory testing notice.
 
     Details of the compulsory testing notice are as follows:
 
1. Any person who had been present at any specified premises listed in Part A of Annex 1 for more than two hours at any time during the period from April 8 to April 21, 2021 (including but not limited to residents, visitors and workers), has to undergo testing by April 23, 2021. If persons subject to compulsory testing have previously undergone testing between April 19 and April 21, 2021, they would be taken to have complied with the requirements set out in the compulsory testing notice.   
 
2. Any person who had been present at any specified premises listed in Part B of Annex 1 for more than two hours at any time during the period from March 25 to April 21, 2021 (including but not limited to residents, visitors and workers), has to undergo testing by April 23, 2021. 

3. Any person who had been present at any specified premises listed in Part C of Annex 1 for more than two hours at any time during the period from April 8 to April 21, 2021 (including but not limited to full-time, part-time and relief staff, students and visitors), has to undergo testing by April 23, 2021. If persons subject to compulsory testing choose to undergo testing using the specimen bottles distributed by the Centre for Health Protection (CHP), they have to return the specimen bottle with the sample by April 25, 2021. If persons subject to compulsory testing have previously undergone testing between April 19 and April 21, 2021, they would be taken to have complied with the requirements set out in the compulsory testing notice.

     A spokesman for the Food and Health Bureau reminded the public that 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 (at 6275 6901), fax (at 2530 5872) or email (ct@csb.gov.hk) within three days of undergoing the test.
     
     The Government has set up a mobile specimen collection station at Nina Hotel Tsuen Wan West today for staff and visitors subject to compulsory testing, and will set up mobile specimen collection stations at the following locations tomorrow (April 22) for persons subject to compulsory testing:
 
•       Open space outside G/F, Oi Fai House (Block 3), Yau Oi Estate, Tuen Mun
•       Tennis court, podium of La Cite Noble, Hang Hau, Tseung Kwan O
 
     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. Apart from mobile specimen collection stations, persons subject to compulsory testing can also choose to attend any of the community testing centres in all districts to receive testing free of charge. Persons with “LeaveHomeSafe” COVID-19 exposure notification or SMS notification from the Centre for Health Protection reminding them to undergo testing as soon as possible may receive free testing at community testing centres 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 community testing centres (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 Department of Health (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.

     The spokesman cautioned that testing received at 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 community testing centres.”

     Persons subject to compulsory testing must keep the SMS notification 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 community testing centres, they can check the centre’s appointment status in advance. The hotlines of the community testing centres 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