Hong Kong-Serbia tax treaty in force

     The Comprehensive Avoidance of Double Taxation Agreement (CDTA) with Serbia signed in August this year came into force on December 30, 2020, after the completion of the relevant ratification procedures. The CDTA will have effect in respect of Hong Kong tax for any year of assessment beginning on or after April 1, 2021, a Government spokesman said today (December 31).
      
     Serbia participates in the Belt and Road initiative, and was the 89th largest trading partner of Hong Kong in 2019. The CDTA will bring a greater degree of certainty on tax liabilities for those who engage in cross-border business activities, and help promote bilateral trade and investment activities.




Labour Department reminds foreign domestic helpers to comply with social distancing measures

     The Labour Department (LD) today (December 31) again reminded foreign domestic helpers (FDHs) to comply with social distancing measures announced by the Government.
 
     An LD spokesman said, "The Government had amended the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G) to prohibit group gatherings of more than two persons in public places. A person who participates in a prohibited group gathering may be charged a fixed penalty, the amount of which has been raised to $5,000. At the same time, the fixed penalty charged against a person who fails to wear a mask in accordance with the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I) has also been raised to $5,000. The Government will conduct mobile broadcasts in multiple languages and joint operations for three consecutive days at popular FDH gathering places starting tomorrow (January 1, 2021) across the territory to call upon FDHs to comply with the relevant requirements, exercise self-discipline and abide by the law. Relevant departments will take enforcement action against those who still refuse to abide by the regulations after repeated reminders.
 
     "We remind FDHs to strictly observe the requirements and appeal to them to avoid gatherings (including in boarding facilities), food sharing and other social activities on their rest days and stay at home for rest as far as possible to safeguard their personal health. We also encourage employers and FDHs to discuss rest day arrangements, so as to minimise the health risk of participating in social activities."
 
     At the same time, employers are reminded that they must not compel their FDHs to work on a rest day. An employer who compels his or her FDH to work on a rest day without the agreement of the FDH or fails to grant rest days to the FDH is in breach of the Employment Ordinance and is liable to prosecution and, upon conviction, to a maximum fine of $50,000.
 
     Should FDHs and their employers have any enquiries on employment matters, they may contact the LD through the dedicated FDH hotline at 2157 9537 (manned by 1823), by email to fdh-enquiry@labour.gov.hk or through the online form on the dedicated portal (www.fdh.labour.gov.hk). 




Appointments to Law Reform Commission

The following is issued on behalf of the Law Reform Commission:

     The Law Reform Commission (LRC) today (December 31) announced that Professor Fu Hualing, Mr Stephen Hung Wan-shun and Mrs Janice Choi Kwan Wing-kum have been appointed by the Chief Executive as new members of the LRC for three years. The appointments of Professor Fu and Mr Hung will take effect on January 1, 2021, while Mrs Choi's appointment will commence on March 1, 2021.

     Professor Fu is the Dean of Faculty of Law of the University of Hong Kong and his research interests include human rights and public law. The LRC believes that the expertise of the legal scholar will benefit the LRC in law reform.

     Mr Hung was the President of the Law Society of Hong Kong from 2014 to 2016. Specialising in criminal law, he is a current member of the LRC Sub-committee on Causing or Allowing the Death of a Child or Vulnerable Adult. His professional standing and substantial expertise in criminal law will certainly be conducive to the LRC's future studies in this regard.

     Mrs Choi is the Advisor and Legal Director of Sunwah Group and a current Standing Committee Member of the Chinese General Chamber of Commerce, Hong Kong. The LRC believes that Mrs Choi's legal background and extensive experience in the commercial sector will sustain the LRC's broad expertise in delivering effective law reform.

     The Secretary for Justice, Ms Teresa Cheng, SC, who is also the Chairman of the LRC, expressed her heartfelt thanks to the outgoing members, namely Professor Michael Hor, Mr Robert Pang, SC, and Mr Allan Leung, for their valuable contributions and advice to the LRC during their two consecutive terms.

     With these latest appointments, the LRC will comprise the following members:

The Secretary for Justice (Chairman)
The Chief Justice of the Court of Final Appeal (ex-officio member)
The Law Draftsman (ex-officio member)
Mr Justice Andrew Cheung Kui-nung
Ms Alexandra Lo
Ms Melissa Wu
Ms Winnie Tam, SC
Ms May Chan Suk-mei
Professor Tan Cheng-han
Professor Lutz-Christian Wolff
Professor Fu Hualing
Mr Stephen Hung Wan-shun
Mrs Janice Choi Kwan Wing-kum




Test launch of Green Minibus Real-time Arrival Information System on three Hong Kong Island green minibus routes

     The Transport Department (TD) announced today (December 31) that a test launch of the Green Minibus (GMB) Real-time Arrival Information System is being conducted on three Hong Kong Island GMB routes, namely Nos. 69 (Cyberport – Quarry Bay (Shipyard Lane)), 69A (Cyberport – Aberdeen) and 69X (Cyberport – Causeway Bay (Lockhart Road)), with effect from today to facilitate passengers' trip planning.
 
     Passengers can check the estimated arrival times of the next three GMBs that will arrive at GMB stops (including the termini and specified en-route stops) of the above routes through the TD's mobile application "HKeMobility". The relevant data will also be released in machine-readable format via Public Sector Information Portal (data.gov.hk) for public use free of charge. Current users of "HKeMobility" have to update the mobile application in order to access the relevant information.
 
     A spokesman for the TD said, "Opening up data is an important government policy initiative to promote innovation and technological development. At present, major public transport operators have already provided passengers with real-time arrival information. The GMB Real-time Arrival Information System can meet passengers' needs so as to facilitate their commuting and trip planning. It can also enhance the image and competitiveness of the GMB trades."
 
     The TD has posted publicity materials at the termini and inside the GMB compartments of the GMB routes concerned to inform passengers of the test-launch arrangements. The system contractor will also arrange for service ambassadors to be at the Cyberport and Causeway Bay GMB termini at designated periods to assist passengers in checking the estimated arrival times of the routes concerned through "HKeMobility".
 
     The TD and the system contractor are closely monitoring the operation of the System. Subject to the system performance, extending the dissemination of real-time arrival information to the first batch of about 70 GMB routes is targeted for March 2021.
 
     The GMB Real-time Arrival Information System was one of the initiatives promulgated in the Chief Executive's 2018 Policy Address. Apart from facilitating passengers' trip planning, the System also enables GMB operators to make use of the data for fleet management so as to enhance operational efficiency. The TD will extend the dissemination of real-time arrival information to the rest of the GMBs in phases, with a view to achieving full implementation in 2022.
 
     For details, please visit the TD's website (www.td.gov.hk).
 




Commencement notice for Freight Containers (Safety) (Amendment) Ordinance 2020 gazetted

     The Freight Containers (Safety) (Amendment) Ordinance 2020 (Commencement) Notice was gazetted today (December 31).
 
     The Secretary for Transport and Housing has appointed March 1, 2021, as the day on which the Freight Containers (Safety) (Amendment) Ordinance 2020 (the Amendment Ordinance) comes into operation.
 
     After the commencement of the Amendment Ordinance, the latest requirements of the International Convention for Safe Containers, as promulgated by the International Maritime Organization, relating to the manufacture, use and examination of freight containers and the marking and fixing of safety approval plates, will be implemented in Hong Kong. The Amendment Ordinance was enacted by the Legislative Council earlier on.
 
     The commencement notice will be tabled at the Legislative Council for negative vetting on January 6, 2021.