Tag Archives: China

     The Government announced today (May 19) the mechanism for the following legal practitioners, arbitrators or mediators providing necessary professional services in arbitration, mediation or litigation proceedings to apply for exemption from the compulsory quarantine arrangement. The Department of Justice (DoJ) has started processing applications today.

     The Compulsory Quarantine of Certain Persons Arriving at Hong Kong (Amendment) (No.2) Regulation 2020 commenced on April 29, 2020, amending the Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap. 599C) (amended Regulation). The expiry date of the amended Regulation has been extended to June 7, 2020. In accordance with the newly added section 4(1)(b) in the amended Regulation, the Chief Secretary for Administration may designate any person or category of persons for exemption from the compulsory quarantine arrangement if he is satisfied that the person’s or persons’ travelling is necessary for purposes relating to the provision of professional services in the interest of Hong Kong’s economic development.

     In accordance with the above-mentioned provision, the Chief Secretary for Administration has exempted the following categories of persons from the compulsory quarantine arrangement:

(i) An arbitrator, mediator or qualified legal practitioner acting as a counsel for a party in arbitration or mediation proceedings administered by a relevant body listed in the Appendix or in litigation proceedings in court, who returns to Hong Kong from the Mainland, Macao or Taiwan after provision of necessary professional services in the aforesaid proceedings there; or

(ii) An arbitrator, mediator or qualified legal practitioner acting as a counsel for a party in arbitration or mediation proceedings administered by a relevant body listed in the Appendix or in litigation proceedings in court, who travels from the Mainland, Macao or Taiwan to Hong Kong to provide necessary professional services in the aforesaid proceedings in Hong Kong.

     An exempted person must only travel to and stay in the area/city where the services are provided for the purpose of provision of the intended services as approved, and must take every precautionary measure to ensure personal hygiene and avoid unnecessary social contact. After arriving in or returning to Hong Kong, the exempted person will be subject to medical surveillance arranged by the Department of Health for a period of 14 days. The person will be required to wear masks and check body temperature daily, and report to the Department of Health on any discomfort.

     Currently, travellers to the Mainland and Macao would still be subject to the 14-day compulsory quarantine requirement imposed by the Mainland and Macao authorities. The Government of the Hong Kong Special Administrative Region is discussing with authorities in the Mainland and Macao on mutual recognition of COVID-19 testing results conducted by recognised medical laboratories, with a view to exempting the quarantine requirement for Hong Kong travellers to these places. Details of the arrangement will be announced when available.

     The details of the exemption arrangement for legal and dispute resolution services providers and the application form are available on the DoJ’s website (www.doj.gov.hk/eng/public/20200519_sjo1.html). Eligible legal practitioners, arbitrators or mediators should submit the completed application form with all required supporting documents to the DoJ by email (idar@doj.gov.hk).

     In processing the applications, the DoJ may consult the relevant legal professional bodies or arbitration or mediation bodies, as well as the relevant government bureaux/departments, when necessary. The DoJ will issue authorisation letters to the exempted persons, setting out the details and conditions of exemption.

     For witnesses (including experts) or other persons involved in the above arbitration, mediation and litigation proceedings, separate applications may be made to the DoJ, which will be considered on a case-by-case basis under the relevant statutory exemption provisions.
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The following is issued on behalf of the Legislative Council Secretariat:

     The Legislative Council (LegCo) will hold a meeting tomorrow (May 20) at 11am in the Chamber of the LegCo Complex. During the meeting, Members will debate six separate proposed resolutions to extend the period for amending subsidiary legislations moved under section 34(4) of the Interpretation and General Clauses Ordinance.

     Mr Luk Chung-hung, Ms Chan Hoi-yan, Mr Chan Han-pan and Mr Frankie Yick will move four separate proposed resolutions to extend the period for amending the Employees Retraining Ordinance (Amendment of Schedule 4) Notice 2020, the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation, the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation, the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) Regulation 2020, the Road Tunnels (Government) Ordinance (Amendment of Schedule 1) Notice 2020, the Road Tunnels (Government) (Amendment) Regulation 2020, the Road Traffic (Public Service Vehicles) (Amendment) Regulation 2020, the Tsing Ma Control Area (Tolls, Fees and Charges) (Amendment) Regulation 2020, the Tsing Ma Control Area (General) (Amendment) Regulation 2020, the Road Traffic (Construction and Maintenance of Vehicles) (Amendment) Regulation 2020 and the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulation 2020 laid on the table of the Council on April 22, 2020 to the meeting of June 10, 2020. The proposed resolutions are set out in Appendices 1-4 respectively.

     Ms Chan Hoi-yan will move a proposed resolution to extend the period for amending the Prevention and Control of Disease Ordinance (Amendment of Schedules 1 and 2) Notice 2020, the Prevention and Control of Disease (Amendment) (No. 2) Regulation 2020, the Compulsory Quarantine of Certain Persons Arriving at Hong Kong (Amendment) (No. 2) Regulation 2020, the Prevention and Control of Disease (Disclosure of Information) (Amendment) Regulation 2020, the Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places (Amendment) Regulation 2020, the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) (Amendment) (No. 2) Regulation 2020 and the Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) Regulation 2020 laid on the table of the Council on April 29, 2020 to the meeting of June 17, 2020. The proposed resolution is set out in Appendix 5.

     Ms Chan Hoi-yan will move another proposed resolution to extend the period for amending the Prevention and Control of Disease (Prohibition on Group Gathering) (Amendment) (No. 2) Regulation 2020 laid on the table of the Council on May 6, 2020 to the meeting of June 24, 2020. The proposed resolution is set out in Appendix 6.

     Meanwhile, Mr Hui Chi-fung will move a proposed resolution under section 34(2) of the Interpretation and General Clauses Ordinance to repeal the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation laid on the table of the Council on April 22, 2020. The proposed resolution is set out in Appendix 7. 

     On other Members’ motions, Ms Yung Hoi-yan and Ms Alice Mak will move separate motions under Rule 49B(1A) of the Rules of Procedure to censure Ms Claudia Mo and Mr Dennis Kwok. The motions are set out in Appendices 8 and 9 respectively.

     Mr Lam Cheuk-ting and Ms Mo will move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Yuen Long Station of West Rail Line of the MTR Corporation Limited on July 21, 2019. The motions are set out in Appendices 10 and 11 respectively.

     Mr Alvin Yeung, Dr Kwok Ka-ki and Mr Kwong Chun-yu will move three separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the incident of assaults occurred in Prince Edward Station of the MTR Corporation Limited on August 31, 2019. The motions are set out in Appendices 12-14 respectively.

     Ms Tanya Chan, Dr Kwok, Dr Fernando Cheung and Mr Kenneth Leung will move seven separate motions under Article 73(5) and (10) of the Basic Law and the Legislative Council (Powers and Privileges) Ordinance, in relation to the Police’s handling of protesters and persons performing duties in the protests during the “anti-extradition to China” movement. The motions are set out in Appendices 15-21 respectively.

     Mr Chung Kwok-pan and Dr Priscilla Leung will move two separate motions under the Legislative Council (Powers and Privileges) Ordinance, in relation to the causes and consequences of the social conflicts or disturbances arising from the amendments to the Fugitive Offenders Ordinance and related matters. The motions are set out in Appendices 22 and 23 respectively. Mr James To will move an amendment to Dr Leung’s motion.

     Mr Charles Mok, Mr Jeremy Tam and Dr Kwok will also move four separate motions under Article 73(5) and (10) of the Basic Law to summon persons concerned to produce papers and testify. The motions are set out in Appendices 24-27 respectively.

     Meanwhile, Mr Kwok will move a motion on no confidence in the Fifth Term Government of the Hong Kong Special Administrative Region as set out in Appendix 28. Ms Mo will move an amendment to Mr Kwok’s motion.

     Mr Ho Kai-ming will move a motion on ensuring children’s right to play for them to grow up happily. The motion is set out in Appendix 29. Mr Ip Kin-yuen, Dr Kwok, Dr Cheung, Dr Chiang Lai-wan and Mr Hui will move separate amendments to Mr Ho’s motion.

     On Member’s Bill, the Second Reading debate on the Professional Accountants (Amendment) Bill 2018 will resume. If the Bill is supported by Members and receives its Second Reading, it will stand committed to the committee of the whole Council. After the committee of the whole Council has completed consideration of the Bill and its report is adopted by the Council, the Bill will be set down for the Third Reading.

     During the meeting, Members will also ask the Government 21 questions on various policy areas, six of which require oral replies.

     The agenda of the above meeting can be obtained via the LegCo Website (www.legco.gov.hk). Members of the public can watch or listen to the meeting via the “Webcast” system on the LegCo Website. To observe the proceedings of the meeting at the LegCo Complex, members of the public may call 3919 3399 during office hours to reserve seats. read more

     The Lands Department announced today (May 19) that the tender for a site, Lot No. 1069 in Survey District No. 3, off Anderson Road, Kwun Tong, Kowloon, has been awarded to the highest tenderer, Art Champion Investment Limi… read more

     In response to media enquiries on the Communications Authority (CA)’s decision regarding complaints against the Radio Television Hong Kong (RTHK) TV programme “Headliner”, a spokesman for the Commerce and Economic Development Bureau (CEDB) said the following today (May 19):
 
     “The CA held that the complaints against an episode of the RTHK TV programme ‘Headliner’ broadcast on February 14 this year was in breach of various provisions in the Generic Code of Practice on Television Programme Standards (the Code). The CA decided that RTHK should be warned to observe more closely the relevant provisions.

     “The CEDB took the view that the situation is very serious given that RTHK, as a public service broadcaster, has been repeatedly ruled to have breached the various provisions in the Code, including failure to ensure the accuracy of the factual contents in the programme; remarks and content regarded as hate speech, denigrating and insulting the Police; and failure to include a sufficiently broad range of views in the personal view programme. The CEDB has asked RTHK to undertake the following:
 
(1) To state clearly that RTHK fully accepts the CA’s decision regarding complaints against the programme ‘Headliner’ and to offer an apology;
(2) To examine whether there is any negligence and error committed by staff and personnel in the course of the programme production and editorial processes, and, if so, to follow up or take disciplinary actions; and
(3) To conduct a full review of the programme production and editorial system in order to ensure that all RTHK programmes fulfil in full the public purposes and mission specified in the Charter of RTHK.

     “The Secretary for Commerce and Economic Development has been stressing that RTHK must fully abide by the Charter of RTHK, duly meet its responsibility as a public service broadcaster and strictly comply with the relevant codes of practice issued by the CA. RTHK should address the concerns raised by different stakeholders on its programmes, management and governance. It should take positive and proactive follow-up actions and give an account to the public,” the spokesman said. read more

     A man and a woman were each fined $3,000 at the Eastern Magistrates’ Courts today (May 19) for contravening the Hotel and Guesthouse Accommodation Ordinance.

     The court heard that in October last year, officers of the Office of the Licensing Authority (OLA) from the Home Affairs Department, when searching the Internet for intelligence about unlicensed guesthouse activities, identified a suspected unlicensed guesthouse on Ying Hong Street in Tung Chung. The OLA officers posed as lodgers and successfully rented a room in the guesthouse on a daily basis through an Internet platform.

     According to the OLA’s records, the guesthouse did not possess a licence under the Ordinance on the day of lodging. The man and woman responsible for operating and managing the premises were charged with contravening section 5(1) of the Ordinance.

     A department spokesman stressed that operating or managing an unlicensed guesthouse is a criminal offence and can lead to a criminal record. Upon conviction, the offender is liable to a maximum fine of $200,000 and two years’ imprisonment. Guesthouse licensees may advertise or offer to provide sleeping accommodation on the Internet. To assist the public and tourists to identify licensed guesthouses, the licensees should indicate clearly “Licensed guesthouse” in all promotional materials or advertisements related to the guesthouse.

     The spokesman appealed to anyone with information about suspected unlicensed guesthouses to report it to the OLA by the hotline (Tel: 2881 7498), by email (hadlaenq@had.gov.hk), by fax (2504 5805) using the report form downloaded from the OLA website (www.hadla.gov.hk), or through the mobile application “Hong Kong Licensed Hotels and Guesthouses”. read more