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     Following is a question by the Hon Lam Chun-sing and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (February 12):
 
Question:
 
     The revised Code of Practice for Bamboo Scaffolding Safety (the Code), which officially took effect on October 19 last year, aims to enhance the safety of bamboo scaffolding works. In this connection, will the Government inform this Council:

(1) of the number of industrial accidents involving bamboo scaffolding works recorded by the authorities in each of the years from 2018 to October 18 last year, and since the implementation of the Code on ‍October 19 last year, together with the number of casualties involved in such accidents, and set out in Table 1 a breakdown by nature of works (i.e. (i) new works and (ii) repair, maintenance, alteration and addition works), type of works (i.e. (I) public works and (II) ‍non-‍public works) and type of cases (i.e. (a) fatal cases (the‍ number of fatalities) and (b) non-fatal cases (the number of injuries));
 
Table 1

Date	(i)				(ii)
	(I)		(II)		(I)		(II)
	(a)	(b)	(a)	(b)	(a)	(b)	(a)	(b)
2018
……
From January 1 to October 18, 2024
Since October 19, 2024
Total

(2) of the respective numbers of (i) workplaces inspected by the Government for bamboo scaffolding works, as well as (ii)‍ improvement notices (together with their compliance rates) and (iii) suspension notices (together with their compliance rates) issued by the Government to contractors involved in non-compliances in relation to bamboo scaffolding works, in each of the years from 2018 to ‍October 18 last year, and since the implementation of the Code on ‍October 19 last year, and set out in Table 2 a breakdown by nature of works (i.e. (a) new works and (b) repair, maintenance, alteration and addition works) and type of works (i.e. (I) public works and (II) ‍non-‍public works);
 
Table 2

Date

(i)

(ii)

(iii)

(I)

(II)

(I)

(II)

(I)

(II)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

2018

……

From January 1 to October 18, 2024

Since October 19, 2024

Total

 
(3) in respect of the improvement notices issued by the Government as mentioned in (2)(ii), of (a) the non-compliances primarily involved and (b) the average time taken by contractors to remedy non-‍compliances or cease illegal acts, and set out in Table 3 a breakdown by nature of works (i.e. (i) new works and (ii) repair, maintenance, alteration and addition works);
 
Table 3

Date	(i)		(ii)
	(a)	(b)	(a)	(b)
2018
……
From January 1 to October 18, 2024
Since October 19, 2024

 
(4) in respect of the suspension notices issued by the Government as mentioned in (2)(iii), of (a) the non-compliances primarily involved by contractors and (b) the average time taken for such notices getting revoked by the authorities, and set out in Table 4 a breakdown by nature of works (i.e. (i) new works and (ii) repair, maintenance, alteration and addition works);
 
Table 4

Date	(i)		(ii)
	(a)	(b)	(a)	(b)
2018
……
From January 1 to October 18, 2024
Since October 19, 2024

 
(5) of the respective numbers of prosecutions instituted by the authorities and convictions for non-compliances in respect of bamboo scaffolding works involving contractors, in each of the years from 2018 to October 18 last year, and since the implementation of the Code on October 19 last year, as well as the major non-compliances involved and the average sentences imposed;
 
(6) whether it has compiled statistics on the number of employers who, in each of the past seven years and this year to date, have failed to take out employees’ compensation insurance (commonly known as labour insurance) as required under the Employees’ Compensation Ordinance (Cap. 282) for workers involved in the industrial accidents mentioned in (1), and on the number of employers prosecuted as a result; among such prosecution cases, of the number of convicted cases and the average sentences imposed;
 
(7) of the number of applications for taking out labour insurance received and approved by the Employees’ Compensation Insurance Residual Scheme Bureau from employers in the bamboo scaffolding industry in each of the past seven years and this year to date; what measures the Government has put in place to strengthen assistance for the construction industry in taking out labour insurance for workers engaged in bamboo scaffolding works in order to enhance the protection for these workers;
 
(8) given that at the meeting of the Panel on Manpower of this Council on March 16, 2021, the authorities proposed amending the Construction Sites (Safety) Regulations (Cap. 59I) to include small-‍scale construction works involving higher risks (including truss-out scaffolding works) within the scope of mandatory notification to facilitate the Labour Department in arranging targeted inspections, of the latest progress and the specific timetable for the relevant legislative amendment work; and
 
(9) how the Government will strengthen its promotion of the enhanced application of technology in the industry to enhance the occupational safety and health of frontline workers working on bamboo scaffolds?

Reply:
 
President,
 
     The Government attaches great importance to workplace safety. Pursuant to the risk-based principle and keeping close tabs on the occupational safety and health (OSH) risk levels and trends of various industries (in particular the construction industry), the Labour Department (LD) has been formulating and adjusting the strategies of inspection and enforcement, publicity and promotion, as well as education and training in a timely manner to raise the OSH level in Hong Kong.

     With the objective of enhancing scaffolding safety, the Government held a meeting on “Enhancement of Scaffolding Safety” on January 24, 2025 with relevant organisations and stakeholders. The LD is considering carefully the opinions of the trade representatives and will continue to work closely with relevant organisations and stakeholders to explore ways to enhance the safe use of scaffolds.
 
     My reply to the Hon Lam Chun-sing is as follows:

(1) The numbers of fatal cases and fatalities of industrial accidents (Note 1) involving bamboo scaffolds on construction sites from 2018 to 2025 (as at January 26) are tabulated below. These cases did not involve Public Works Projects (Note 2).
 

Year	Industrial accidents involving bamboo scaffolds
	(i) New Works (Note 3)	(ii) Repair, Maintenance, Alteration, and Addition Works (Note 4)
	Number of fatal cases (number of fatalities)	Number of fatal cases (number of fatalities)
2018	1 (1)	4 (4)
2019	3 (3)	1 (1)
2020	1 (1)	1 (1)
2021	–	4 (4)
2022	–	4 (4)
2023	–	–
2024 (Note 5) (January 1, 2024 – October 18, 2024)	1 (2)	2 (2)
2024 (Note 5) (October 19, 2024 – December 31, 2024)	–	–
2025 (Note 5)	–	–

Note 1: Industrial accidents refer to injuries and deaths arising from industrial activities in industrial undertakings in Hong Kong as defined under the Factories and Industrial Undertakings Ordinance.
Note 2: Public Works Projects refer to construction sites under the Architectural Services Department, Drainage Services Department, Electrical and Mechanical Services Department, Highways Department, Water Supplies Department, and Civil Engineering and Development Department.
Note 3: New Works refer to construction sites where new development or re-development works take place. Such works include building, piling, demolition, site formation and civil engineering works.
Note 4: Repair, Maintenance, Alteration, and Addition Works refer to minor works such as minor alterations, repairs, maintenance and interior decoration of existing buildings, term maintenance or repair contracts (such as roads, water and drainage works).
Note 5: The numbers of fatal cases of industrial accidents of 2024 and 2025 are recorded as at January 26, 2025.

     The LD does not keep the numbers of injury cases and injuries of industrial accidents involving bamboo scaffolds on construction sites.
 
(2) to (5) The enforcement figures related to construction sites by the LD from 2018 to 2024 are tabulated below.

(i) The number of inspections conducted and enforcement figures of new works construction sites from 2018 to 2024

	2018	2019	2020	2021	2022	2023	2024 (Jan – Oct)	2024 (Nov – Dec)
Inspections	27 709	35 202	23 419	29 525	26 664	26 788	25 024	4 781
Prosecutions taken	1 435	1 453	1 101	1 095	1 171	1 494	1 277	272
Improvement notices	1 264	1 954	1 340	2 433	2 103	2 985	2 631	368
Suspension notices	246	124	116	153	351	131	81	31

(ii) The number of inspections conducted and enforcement figures of repair, maintenance, alteration and addition works sites from 2018 to 2024

	2018	2019	2020	2021	2022	2023	2024 (Jan – Oct)	2024 (Nov – Dec)
Inspections	42 928	52 466	34 616	41 538	38 907	44 447	36 965	7 640
Prosecutions taken	1 077	848	910	774	838	828	685	97
Improvement notices	835	1 051	762	851	956	1 158	1 018	240
Suspension notices	353	353	204	284	270	157	132	64

     The LD does not keep the numbers of safety inspections, enforcement figures and convictions breakdown by the bamboo scaffolding trade or works category.
 
     The LD will assess the severity and consequences of the violation of law and take different enforcement means in accordance with the established guidelines and procedures, including the issuance of improvement notices or suspension notices to duty holders, if violation is detected during inspection of construction site.

     The LD does not keep the statistics of the time required for revoking improvement notices or suspension notices. In general, the LD will take follow up actions in a timely manner in accordance with the established procedures after the notice has been issued. The notice would be revoked when the LD is satisfied that measures have been taken by the duty holders to abate the relevant risks. There is no specified timeframe for revoking a notice, which will be dependent on the attitude of the duty holders and the complexities of the actual work to abate the relevant risks.
 
(6) Among the 22 fatal cases of industrial accidents provided in part (1), five employers were prosecuted by the LD for failing to take out the employees’ compensation insurance (EC insurance) policies at the time of the accidents. Relevant prosecution figures are tabulated below:
 

Year of accidents	Number of summonses heard	Number of summonses convicted	Fine imposed
2018	1	1	$25,000
2019	1	1	$8,000
2020	1	1	$5,000 (Note)
2021	1	1	$3,000
2022	1	1	$6,000

Note: In addition to the fine of $5,000, the employer was concurrently sentenced to 14 days’ imprisonment, suspended for 18 months.

(7) The Employees’ Compensation Insurance Residual Scheme (ECIRS) serves as a market of last resort to assist employers who cannot procure EC insurance in the market, with a view to ensuring that employers can acquire EC insurance. Relevant figures pertaining to the applications by employers in scaffolding industry received and approved by the Employees’ Compensation Insurance Residual Scheme Bureau (ECIRSB) from 2018 to January 2025 are as follows:
 

Year	Number of applications received from the employers (a)	Number of applications approved and provided cover by ECIRSB (b)
2018	15	15
2019	12	12
2020	14	13 (Note 1)
2021	15	15
2022	19	31 (Note 2)
2023	24	23 (Note 1)
2024	25	25
2025 (as at January)	3	2 (Note 3)

Note 1: The figures in column (b) are lower than that in column (a) of the above table as the employers have either taken out EC insurance directly through ECIRS’s member insurers or they did not take out EC insurance through ECIRS eventually.
Note 2: In exercise of its authority under section 35(2)(b) of the Insurance Ordinance, the Insurance Authority appointed Managers to take full control of the affairs, business and property of Target Insurance Company Limited (Target) in 2022. As a participating member of ECIRS, Target jointly underwrote the EC insurance policies issued under ECIRS. Due to Target’s inability to continue operations because of insolvency, ECIRS had to reissue the affected insurance policies to the insured in 2022, including 12 policies specific to the scaffolding industry.
Note 3: One application is under processing.

     The Government is deeply concerned about the procurement of EC insurance by employers in the scaffolding sector. ECIRSB has been offering premium discounts to the employers in the scaffolding sector and implemented flexible arrangements, including short-term EC insurance policies, tailored to the circumstances of the scaffolding industry. The Government will continue to maintain close communication with ECIRSB to assist employers in the scaffolding sector who have implemented enhanced occupational safety measures in qualifying for higher premium discounts, thus ensuring compliance with the requirement to procure EC insurance.

(8) The LD is studying the refinement of statutory notification mechanism for construction works and its feasibility.
 
     At the same time, to enhance the bamboo scaffolding safety, the LD updated the Code of Practice for Bamboo Scaffolding Safety last year, strengthening the regulation against truss-out bamboo scaffold (TOS). This includes requiring workers engaged in TOS works to hold valid certificates issued by the Construction Industry Council (CIC) to bolster safeguards for workers.
 
     In addition, the LD has been actively collaborating with the scaffolding and insurance industries as well as other stakeholders in recent years to improve the occupational safety of bamboo scaffolding industry through various measures. This aims to reduce related insurance premiums, enabling employers in the bamboo scaffolding industry to take out employees’ compensation insurance at relatively reasonable prices, so as to form a virtuous cycle uplifting the overall safety standards of the industry to further lower the premium for labour insurance.
 
(9) The Government supports the construction industry in using innovative technologies to improve site safety. The LD has been working closely with the Development Bureau (DEVB), relevant government departments and organisations to promote the industry to effectively use innovative technologies and expand their scope of application to enhance site safety.
 
     The LD is collaborating with the DEVB to promote the implementation of the Smart Site Safety System (4S) in more construction projects to enhance monitoring and risk management of construction sites, and further improve the overall site safety standards. The LD has also actively participated in the work of the Task Force on Smart Site Safety System Standardisation set up by CIC, and will continue to keep in view the development of various advanced technology and encourage the industry to adopt appropriate technological equipment for preventing accidents.
 
     In addition, the LD, in collaboration with the Occupational Safety and Health Council, organised the first OSH Innovation and Technology Expo in March 2024 to introduce and showcase innovative solutions, products and technologies in the field of OSH for promoting innovative developments in this area. Meanwhile, the LD will provide advice on OSH legislation for technology products developed by industries to facilitate the introduction and application of more such products.
 
     At the meeting of “Enhancement of Scaffolding Safety” on January 24, 2025, the LD has discussed with the industry and other relevant stakeholders to explore measures from various aspects (including the application of technology) to enhance the bamboo scaffolding safety.
 
     However, we must point out that technology is merely an auxiliary tool. It is more important to address the issue at the root by enhancing the overall OSH culture in the construction industry, as well as raising workers’ safety awareness. The Government will continue to strive for promoting OSH culture through the adoption of multi-pronged strategies, including promotion, education and training, inspections and enforcement as well as the application of technologies, to help reduce accidents. read more

     Following is a question by the Hon Paul Tse and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (February 12):

Question:

     It is learnt that the Government has yet to confirm the commencement date of the reclamation project for the Kau Yi Chau Artificial Islands under the Lantau Tomorrow Vision. According to a paper submitted by the Government to the Panel on Development of this Council on December ‍29, 2022, the Government’s target was to commence the reclamation works for the Artificial Islands at the end of 2025. The Government subsequently indicated that the reclamation works “would be slightly deferred”. At the meeting of the Panel on Development of this Council on October 22 last year, the Secretary for Development advised that hopefully the reclamation works could commence within the current term of the Government (i.e. by June 30, 2027). On the 7th of last month, the Secretary for Development remarked that at present there was no need to fix a date for the commencement of the reclamation works; while a commentary article “The Lantau Tomorrow Vision is yesterday’s dream” published on the Ta Kung Wen Wei website on the same day pointed out that the Government had no choice but to slow down the pace of creating artificial land by reclamation under the Lantau Tomorrow Vision or even shelve the development plan, highlighting that the Lantau Tomorrow Vision has become “a thing of the past”. In this connection, will the Government inform this Council:

(1) as there are views that the Government has been procrastinating on the commencement date of the works for the Lantau Tomorrow Vision, and the subsequent remark made by the Secretary for Development that at present there is no need to fix a date for the commencement of the reclamation works is entirely different from the remark in the commentary article “The Lantau Tomorrow Vision is yesterday’s dream” on the Ta Kung Wen Wei website, of the latest update of the project;
      
(2) whether the principal officials in charge of the Lantau Tomorrow Vision will formally and publicly give an account of the retention or otherwise of the project; and

(3) given that the aforesaid commentary article has highlighted that “the Lantau Tomorrow Vision has become a thing of the past”, of the detailed expenditures incurred by the Government to date on the preliminary studies, design and consultancy work relating to the Lantau Tomorrow Vision; whether the Government will immediately suspend or freeze such work in order to minimise unnecessary expenditures; if so, of the estimated amount of expenditures that can be saved; if not, the reasons for that?

Reply:

President,

     According to the findings of the study “Hong Kong 2030+: Towards a Planning Vision and Strategy Transcending 2030”, the target for supply of developed land in the 30 years from 2019 to 2048 is about 7 000 hectares, of which 1 000 hectares of land will come from the proposed Kau Yi Chau Artificial Islands (KYCAI) project. This 1 000 hectares of newly reclaimed land, geographically located at a strategical position, will expand the scope and capacity of the development of Hong Kong and provide transport infrastructures connecting the Northern Metropolis and Lantau Island. It helps to support Hong Kong’s sustainable development in the medium to long term.

     The replies to various parts of Hon Paul Tse’s questions are as follows:

(1) The article cited in this question was contributed by an individual to the relevant media. It is understood that it does not represent the position of the media, let alone the position of the Government.

(2) The KYCAI is a project necessary for Hong Kong’s long-term development. The Government is taking forward the project in a steady and prudent manner, and will formulate the project implementation strategy in light of the progress of various studies of the project, as well as the priority and overall deployment of the Government’s various land creation and infrastructure projects.

     The Civil Engineering and Development Department (CEDD) submitted the Environmental Impact Assessment (EIA) report for the reclamation part to the Environmental Protection Department on December 31 last year, with the target of completing the approval work within 2025. In addition to the EIA report for the reclamation part, the CEDD still needs to complete a series of tasks, including completing the EIA for the strategic roads and land development, and progressively commencing a series of detailed engineering studies (including formulating specific design and construction requirements for key infrastructure projects, and conducting relevant financial studies and analysis). The Government announced its forecast for the supply of developed land in the next 10 years in October last year, including 300 hectares of reclaimed land from the KYCAI project. At that time, it was expected that such land would only become available in the later stage of the decade. For such large-scale land development project, the current priority is to prudently complete the necessary preparatory work in the study and planning stages so that construction work can commence as quickly as possible at the appropriate time in the future.

     The Government has reiterated the above position in the 2024 Policy Address, the Legislative Council’s Panel on Development’s Policy Address briefing, media interviews for the Secretary for Development, social media, and the KYCAI project’s dedicated website. When we applied for the block vote funding from the Legislative Council’s Public Works Subcommittee in January this year, we also explained the contents of the detailed engineering studies to Members.
      
(3) At its meeting on December 4, 2020, the Legislative Council’s Finance Committee approved a funding of $550.4 million for the ongoing planning and engineering study on the KYCAI (i.e. PWP Item No. 768CL “Studies related to artificial islands in the Central Waters”) to engage a consultant to carry out the relevant study and related site investigation works for KYCAI. By the end of the 2024/2025 financial year, the CEDD projects an expenditure of about $400 million. As explained in the reply in Part (2) above, the Government is taking forward the project in a steady and prudent manner, including continuing with the statutory EIA work and necessary studies. read more

     â€‹Following is a question by the Hon Tang Fei and a reply by the Secretary for Culture, Sports and Tourism, Miss Rosanna Law, in the Legislative Council today (February 12):
 
     There are views that educational tours, which integrate education with tourism, will not only enhance travel experiences, but also promote cultural exchanges and knowledge dissemination, thereby driving the growth of the local tourism, catering, accommodation and related industries and further stimulating the economic development of Hong Kong. In this connection, will the Government inform this Council:
 
(1) whether it has plans to make dedicated efforts to promote educational tours by bringing together Hong Kong’s historical and cultural resources, technology and innovative facilities as well as renowned academic institutions to attract student groups from the Mainland and overseas to Hong Kong to conduct study exchanges; if so, of the specific targets, promotion strategies and expected benefits; if not, the reasons for that, and whether it will formulate relevant plans in the future;
 
(2) whether it will consider launching dedicated educational tour itineraries targeting different age groups and catering for different needs, such as innovation and technology itineraries focusing on visits to universities and scientific research institutions, cultural exploration itineraries featuring tours around museums and historic buildings, ecological experience itineraries on nature education and red itineraries on patriotism education; if so, of the specific plans; if not, the reasons for that; and
 
(3) whether it has considered collaborating with local enterprises to introduce supporting services and concessionary measures specifically for educational tours; if so, of the specific plans; if not, the reasons for that?
 
Reply: 
 
President,
 
     In respect of the question raised by the Hon Tang Fei, the reply is as follows:
      
     The Culture, Sports and Tourism Bureau (CSTB) promulgated the Development Blueprint for Hong Kong’s Tourism Industry 2.0 (Blueprint 2.0) on December 30,2024, setting out four major development strategies covering four areas of work including product development, expanding visitor source markets, technology innovation and enhancing services. In terms of expansion of visitor source, Blueprint 2.0 proposes to examine the travel needs of silver-haired, family, study tour and youth visitor segments in detail. The CSTB, together with the Hong Kong Tourism Board (HKTB), will promote the development of inbound study tours to Hong Kong through three areas, namely product development, enhancing promotion and upgrading support services.
 
     In terms of product development, Hong Kong has world-class resources in the areas of culture, sports and ecology, etc., which are suitable for integration into study tours. Through exploring and consolidating resources, the CSTB and the HKTB will encourage the trade to develop more study tour itineraries and products with Hong Kong characteristics so as to satisfy the needs of students and parents of different age groups and learning needs.
      
     An example of resource exploration is that the Ocean Park Corporation (the Park) has become the only entity outside the Mainland to be successfully certified by the Guangdong Study Travel Association and the Education Bureau of Guangzhou Municipality as a “Study Tour Base in Guangdong Province” and the “Fourth Batch of Study Tours Base for Primary and Secondary School Students in Guangzhou” respectively last year. These achievements further solidified the Ocean Park’s leading role in the field of conservation and education (C&E) in the region and enhanced Hong Kong’s appeal as a destination for study tours. We will continue to facilitate the Ocean Park to organise familiarisation tours and seminars for educational institutions in the Mainland as well as participate in exchange activities in the Mainland and overseas with a view to further promoting the Park’s C&E programmes and activities. Currently, the Ocean Park is actively exchanging views with study tour organisations in various provinces/municipalities in the Mainland and Southeast Asia to explore the possibility of arranging their students to visit the Ocean Park for study tours.
      
     As for the consolidation of resources, there are many landmarks and attractions suitable for study tours in various districts of Hong Kong, such as the Hong Kong Intangible Cultural Heritage Centre, the Tai Kwun, the Hong Kong Sha Tau Kok Anti-war Memorial Hall and the Mai Po Nature Reserve. The HKTB has consolidated the relevant information and combined them into nine major tourism themes, namely Hong Kong’s Past and Present, Revitalisation and Conservation, Cultural Arts, Hong Kong Intangible Cultural Heritage, Natural Ecology, Environmental Protection, Technological Development, Public Services and Red Tourism. The list of tourism resources has been distributed to trade representatives, offering Mainland and overseas inbound study tours with information and reference materials for a wide range of learning experiences and activities to facilitate planning for suitable itineraries and routes.
      
     On enhancing promotion, the HKTB held an online briefing in August last year to introduce the relevant themes, landmarks and attractions for study tours to travel trade and related sectors in Hong Kong. Subsequently, the HKTB invited delegation of Mainland study tour travel agents and educational institutions to Hong Kong for a five-day familiarisation trip for meeting and exchange with Hong Kong travel trade partners and experience Hong Kong’s rich study tour resources, products and services first-hand, including visits to the Hong Kong Museum of the War of Resistance and Coastal Defence, the Hong Kong Monetary Authority Information Centre, the Police Museum, WEEE · PARK at Tuen Mun EcoPark, social enterprise restaurants and docent tours organised by the Mills, as well as participation in Hong Kong’s traditional dim sum workshops.
      
     In future, the HKTB will continue to actively develop study tour market segment and promote Hong Kong tourism targeting the youth and study tour groups in the Mainland and overseas markets, including organising briefings for trade and inviting representatives of relevant groups and organisations from overseas and the Mainland to visit Hong Kong, with a view to deepening their understanding of Hong Kong’s resources for developing study tours.
      
     In terms of enhancement of supporting facilities, it is very important to ensure the product quality and service standard, as well as to improve the management system as study tour is targeted at the youth segment. In this regard, Blueprint 2.0 proposed holistically a series of measures to enhance the service quality and standard of supporting facilities of the tourism industry. Based on the operational characteristics of study tours, the CSTB will examine whether the supporting facilities, such as accommodation and tourist guides, could meet the development needs of the industry and reach out to organisations with potential to develop into study tour destinations, so as to comprehensively enhance Hong Kong’s ability in exploring the source markets for study tours.
      
     Thank you, President. read more

     Miss Jeanne Cheng will assume the post of District Officer (Central and Western) tomorrow (February 13), succeeding Mr David Leung.
 
     Since joining the Administrative Service in 2002, Miss Cheng has served in various bureaux and departments, including the Home Affairs Department, the then Economic Development and Labour Bureau, the Constitutional and Mainland Affairs Bureau, the Education Bureau, the then Food and Health Bureau, and the Chief Executive’s Office.
 
     She was the Principal Assistant Secretary for Labour and Welfare (Children) at the Labour and Welfare Bureau before taking up the new post of District Officer (Central and Western).

read more

     With effect from March 1, 2025, the Government will regularise the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong with refinements. Upon regularisation, the Scheme will be named the Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings in Hong Kong.
 
     Under the Pilot Scheme, relevant individuals are allowed to participate in arbitral proceedings in Hong Kong as visitors without the need to obtain an employment visa if they are in possession of a letter of proof (Letter) issued by a designated arbitral and dispute resolution institution or venue provider proving that they are eligible persons participating in arbitral proceedings in Hong Kong.
 
     As an international centre for legal and dispute resolution services in the Asia-Pacific region, Hong Kong is and has always been one of the most preferred seats and destinations of arbitration in the world. Catering for the needs of arbitrations taking place in Hong Kong, the Government launched the Pilot Scheme on June 29, 2020, to provide immigration facilitation for eligible visitors participating in arbitral proceedings in Hong Kong on a short-term basis. The arbitration community has been supportive of the Pilot Scheme since its launch, finding it conducive to maintaining Hong Kong’s competitiveness as an international legal and dispute resolution services centre. This is in line with the National 14th Five-Year Plan, the Belt and Road Initiative and the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area. 
 
     After a review and having regard to feedback from the industry on the developing needs of parties in arbitrations, the Pilot Scheme will be regularised with the following refinements:
 
(a) The scope of eligible persons will be expanded to five categories to include persons who are directly related to or involved in the arbitrations taking place in Hong Kong such as tribunal secretaries, tribunal-appointed experts. Upon such refinement, the Scheme will cover five categories of persons (Eligible Persons), namely, (i) arbitrators; (ii) expert and factual witnesses; (iii) counsel in the arbitration; (iv) parties to the arbitration; and (v) other persons directly related to or involved in the arbitration such as tribunal secretaries, tribunal-appointed experts. 

(b) The Scheme will cover all arbitrations physically taking place in Hong Kong, including those in which parties opt to, as a matter of law, have the “seat of arbitration” elsewhere.

     After regularisation, persons who seek to benefit from the Scheme shall continue to, prior to their entry into Hong Kong, obtain the Letter confirming that they are Eligible Persons participating in arbitral proceedings in Hong Kong:
 
(a) For arbitrations administered by an arbitral institution, the Letter shall be issued by one of those designated arbitral and dispute resolution institutions and permanent offices in Hong Kong, which satisfies the criteria set out under Article 2(1) of the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR”. For details of the list of institutions and permanent offices and their contact details, please visit the Department of Justice (DoJ) website (www.doj.gov.hk/en/legal_dispute/pdf/Immigration_Facilitation_Scheme_contact_list_en.pdf).
 
(b) For ad hoc arbitrations (i.e. arbitrations not administered by an arbitral institution), the Letter shall be issued by reputable venue(s) with established and well-equipped hearing facilities. For details of the list of venue providers, please visit the DoJ website (www.doj.gov.hk/en/legal_dispute/pdf/list_of_venue_providers_en.pdf).
 
     For the avoidance of doubt, users of the Scheme are still required to apply for the requisite visit visa or entry permit in order to enter Hong Kong where applicable. Eligible Persons are permitted to stay in Hong Kong for participating in arbitral proceedings for a period not exceeding the period for which they are permitted to remain in Hong Kong as a visitor. They shall produce the Letter upon inspection by the Immigration Department or the relevant authorities, if required. The DoJ will issue a Guidance Note on the Scheme to the above-mentioned arbitral and dispute resolution institutions. 

     Hong Kong has ranked among the most preferred seats for arbitration globally in recent years. Nationals of many countries may visit the city without a visit visa or entry permit. Hong Kong is also an international aviation hub located in the heart of Asia and well-connected to various regions. The Scheme will thus synergise with Hong Kong’s many unique strengths as an ideal venue for arbitrations. With a pool of top professional services talent, there are no legal restrictions on who may act as arbitrator, and parties to arbitral proceedings may retain counsel or advisers without restrictions as to their nationalities and professional qualifications in Hong Kong. Additionally, Hong Kong is the first and only common law jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by designated arbitral institutions would be able to apply to the Mainland courts for preservation measures. Arbitral awards made in Hong Kong are generally upheld by local courts and enforceable in over 170 Contracting Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). An award creditor of a Hong Kong arbitral award can make simultaneous enforcement applications to both the Mainland and Hong Kong courts. 
 
     A spokesman for the DoJ said, “The regularisation and refinement of the Scheme offer parties and practitioners high convenience and a broad choice of international and local legal experts and related professionals, further enhancing Hong Kong’s attractiveness as a seat or destination for arbitrations.” read more