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2023

15/12/2023
The amendment to the implementation rules of the National Security Law took effect upon gazettal today, putting beyond doubt that a notice issued by the Secretary for Security to freeze offence related property is valid while the proceedings to which it relates are pending and remains so until the conclusion of the proceedings, the Government announced. The Chief Executive, in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, has exercised the power given under Article 43 of the security law to make the amendments to the implementation rules. The Government noted that the amendments can more effectively avoid the national security risks arising from improper dealing with offence related property by the defendants of cases concerning offences endangering national security before conclusion of the proceedings. The amendments are technical in nature and the scope is extremely narrow as they only aim to make clear provisions in respect of the validity period of the freezing notice without changing the basis or principle for issuing such a notice, the Government said. If the related proceedings are not yet concluded, it is natural that the freezing notices should remain valid in the meantime. The amendments are therefore a matter of necessity to enable the Government to effectively prevent and suppress acts and activities endangering national security, it added. After the amendment, the property rights of the suspects and defendants of cases concerning national security offences remains protected in accordance with the law. People affected by the freezing notices may apply to the Court of First Instance for revocation of the notices or for the grant of a licence or variation of a licence for dealing with the property under the implementation rules. 
15/12/2023
The Hong Kong Special Administrative Region Government today said it strongly opposes and condemns certain countries and organisations for making irresponsible and unsubstantiated accusations against the lawful actions of Police's National Security Department to put people at large on a wanted list. In a statement, the Hong Kong SAR Government made it clear that endangering national security is a very serious offence and that no country will watch with folded arms acts and activities that endanger national security. It is a common practice of Police and other law enforcement agencies to release information of fugitive offenders who have allegedly committed serious offences and are wanted, and appeal to the public to assist in bringing fugitive offenders to justice. This is also squarely in line with the international practice. Extraterritoriality is a common feature of national security laws in many countries, including the UK and the US. The scope of application of the Hong Kong National Security Law (NSL) fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. Such practice is both necessary and legitimate, and is also in line with those of other countries and regions around the world. “Some countries have chosen to continue to deliberately ignore the extraterritorial effect of their laws in safeguarding national security, and wantonly made unreasonable criticisms and smeared the extraterritorial effect of the NSL and Police's law enforcement actions conducted in accordance with the law time and again. These are clearly typical manipulations tainted with double standards,” the statement noted. The Hong Kong SAR Government also stressed that it is outrageous that wanted people who have absconded overseas allegedly continue to engage in acts and activities endangering national security. The Hong Kong SAR Government will not condone such criminal acts, and will pursue the liability of the fugitives who have absconded overseas and endangered national security to the end by adopting all practicable measures to bring them to justice. No country or organisation should harbour criminals nor exonerate these people with different excuses. “Fugitives should not have any delusion that they could evade legal liabilities by absconding from Hong Kong. Fugitives will be pursued for life unless they turn themselves in.” The Hong Kong SAR Government added that it will continue to uphold the principle of “laws are observed so as to bring offenders to account” and apprehend the fugitive offenders in accordance with the law and will not allow them to evade justice.
14/12/2023
The Buildings Department (BD) said today that following completion of an investigation, it has initiated four prosecutions over a steel segment collapse incident which caused the death of one worker at a Yau Tong construction site.  The incident occurred at a construction site on Tung Yuen Street on December 14, 2022. The subject steel segment was part of the temporary lateral support to facilitate the excavation works for the construction of a basement. After the basement structure was completed, the lateral support including the steel segment would then be dismantled. The department noted that its probe revealed that adequate precautionary measures were not provided by the relevant contractor, sub-contractors and individual persons directly concerned with the incident during dismantling of the steel segment, resulting in its collapse and the fatal incident. After consulting the Department of Justice, the BD has initiated four prosecutions against the contractor, sub-contractors and individuals directly concerned, which involves two companies and two individuals. The hearing is scheduled for January 16, 2024. The BD refused the concerned general building contractor Aggressive Construction Engineering's application for renewal of registration on October 18 and its name was removed from the Register of General Building Contractors on November 16. For the subject case, the Labour Department has initiated prosecution against the relevant duty holders. The trial is adjourned to January 11, 2024.
14/12/2023
Arrest warrants have been issued against five people for alleged contravention of the National Security Law who have absconded overseas and they have been placed on the wanted list, Police’s National Security Department announced today. The five suspects comprise three men - Cheng Man-kit, Fok Ka-chi and Choi Ming-da, and two women - Hui Wing-ting and Joey Siu. Police said they have fled overseas and are alleged to have continued to commit the offences of incitement to secession, incitement to subversion and collusion with a foreign country or with external elements to endanger national security. A reward of $1 million in respect of each wanted person is being offered to those who can provide information on the suspects or the related cases. The Hong Kong Special Administrative Region Government said in a statement that it strongly supports the National Security Department in taking actions in accordance with the law by placing the five suspects on the wanted list, noting that safeguarding national sovereignty, security and development interests is the top priority of the “one country, two systems” principle as well as the responsibility of the Hong Kong SAR. These wanted suspects have repeatedly engaged in acts and activities that endanger national security publicly, including advocating to achieve Hong Kong independence through force and requesting foreign countries to impose so-called “sanctions” on officials of the central government and the Hong Kong SAR Government as well as judicial and law enforcement personnel, the statement said. The Hong Kong SAR Government must fight head-on to fulfil its constitutional duty in safeguarding national security and uphold the principle of “one country, two systems” and the spirit of the rule of law, it added. Expressing support to the Police’s National Security Department, the Security Bureau said the National Security Law has extraterritorial effect and Police have the responsibility to pursue those who have allegedly committed offences under the security law outside Hong Kong. As with the eight suspects who were put on the wanted list earlier, these five suspects have fled overseas and allegedly continued to commit offences under the National Security Law and their malicious acts have been seen through by all, the bureau said. No matter how countries and politicians harbouring these absconders unreasonably smear the action, Police will take all necessary measures steadfastly and fearlessly to prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, upholding the principle that laws are observed so as to bring offenders to account with a view to safeguarding national security, the bureau added. Meanwhile, the National Security Department has arrested two men and two women on suspicion of "providing pecuniary assistance for the commission of secession by other persons" in violation of the National Security Law. Investigations revealed that between December 2020 and November 2023, the arrestees allegedly provided pecuniary assistance via an online crowdfunding platform to two wanted people who have engaged in secessionist activities and absconded overseas, and the amount ranged from $10,000 to $120,000. The four arrested people, aged between 29 and 68, are being detained for further enquiries. The force emphasised that it is an offence to incite, assist in, abet or provide pecuniary or other financial assistance or property to another person, by any means whatsoever including through online platforms, for committing offences endangering national security. Police will take strict enforcement action against such illegal acts and urge members of the public to abide by the law.
13/12/2023
The Hong Kong Special Administrative Region Government today expressed its strong disapproval of and firm opposition to the ministries of foreign affairs of France and Germany for issuing a prize to Chow Hang-tung. Chow has been charged on suspicion of committing offences under the Hong Kong National Security Law (NSL). In a statement, the Hong Kong SAR Government indicated that she faces a criminal prosecution of incitement to subversion and that the case is awaiting trial in the Court of First Instance of the High Court. It added that as the ministries of foreign affairs of France and Germany have issued their prize to Chow in the name of “human rights” and the “rule of law” while judicial proceedings are still ongoing, this is obviously contrary to the spirit of respecting the rule of law. The Hong Kong SAR Government strongly urged these foreign countries to respect the rule of law, abide by international law and the basic norms that govern international relations, and immediately stop interfering in the affairs of Hong Kong. The statement also pointed out that Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers held accountable. It emphasised that Hong Kong’s law enforcement agencies take actions based on evidence and strictly in accordance with the law against those who endanger national security. It added that the Department of Justice is in charge of criminal prosecutions under Article 63 of the Basic Law, with all prosecutorial decisions being made based on an objective analysis of all admissible evidence and applicable laws. Meanwhile, the Judiciary exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence has the right to a fair hearing. The statement also outlined that Hong Kong residents enjoy rights and freedoms under the Basic Law, the Hong Kong Bill of Rights Ordinance and other relevant laws. It added that the NSL clearly stipulates that human rights shall be respected and protected in the safeguarding of national security in the Hong Kong SAR, and that the rights and freedoms Hong Kong residents enjoy under the Basic Law, and under the provisions of the International Covenant on Civil & Political Rights, as well as the International Covenant on Economic, Social & Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. The statement reiterated that the Hong Kong SAR Government will continue to resolutely discharge its responsibility of safeguarding national security, effectively preventing, suppressing and punishing acts and activities that endanger national security, whilst also safeguarding the rights and freedoms enjoyed by Hong Kong people under the law.
13/12/2023
The Court of First Instance of the High Court today struck out China Concrete's civil claim against the Environmental Protection Department on the operation of its concrete batching plant at 22 Tung Yuen Street, Yau Tong. In handing down its decision, the court pointed out that on whether the plant is required to have a Specified Process Licence (SPL) to operate, China Concrete had disclosed no reasonable causes of action and abused the legal process on filing a civil claim against the department. Therefore, the court allowed the Department of Justice's (DoJ) application on striking out China Concrete's claims and ordered the costs of the proceedings be paid by China Concrete. The Environmental Protection Department welcomes the court's decision. China Concrete filed in their claims to the High Court on August 8, 2022, that according to the Air Pollution Control Ordinance, its concrete batching plant at 22 Tung Yuen Street did not require obtaining an SPL to operate. China Concrete believed that the department misinterpreted the definition on silo capacity set out in the ordinance, and requested the court to declare that the plant does not require an SPL to operate and for the department to compensate for the losses caused by the alleged illegal operation of the plant without a licence. The DoJ applied to the High Court on October 28, 2022 on behalf of the depatment to strike out the relevant claims. The High Court conducted a hearing on the striking-out application on June 6, 2023, and handed down the judgment today, striking out China Concrete's relevant claims. The department said it will continue to closely monitor the concrete batching plants at Tung Yuen Street, Yau Tong. If violations and/or operations are found to cause air pollution nuisance, enforcement action will be taken and the evidence collected will be passed onto the DoJ for consideration and appropriate follow-up. Additionally, the department is working on the legislative amendments of the Air Pollution Control Ordinance to enhance enforcement power for closing illegal premises, enabling the department to handle similar cases more efficiently and effectively in the future. The amendments are set to be introduced into the Legislative Council in the first quarter of next year.
08/12/2023
The Electronic Traffic Enforcement (Miscellaneous Amendments) Bill 2023, for establishing a legal framework to allow Police to issue penalty tickets against traffic offences or contraventions by electronic means, was published in the Government Gazette today. The Transport & Logistics Bureau noted that its target is to effect the electronic traffic enforcement regime progressively in 2024. It explained that the existing legislation does not allow the issuance of fixed penalty notices (FPNs) on traffic contraventions by electronic means. As a result, the bureau had to amend the law to allow Police to serve FPNs electronically, such as via SMS or email. It added that modifying the law will also allow the Transport Department to collect mobile phone numbers or email addresses from vehicle owners and drivers for the purpose of traffic enforcement. Issuing electronic FPNs in relation to traffic contraventions is one of the new initiatives to promote Smart Mobility in the Government’s Smart City Blueprint. The Government believes that such a move could increase traffic enforcement efficiency through the application of technology. In the long run, the new regime is also expected to foster a better driving attitude, which is conducive to reducing traffic accidents and illegal parking, so as to enhance road safety and alleviate traffic congestion. Police will launch a dedicated website and a mobile app for citizens to check their FPNs and settle such penalties via electronic payment. The existing mode of payment, however, will be retained. Additionally, corresponding education and publicity efforts will be stepped up to help people to better understand the implementation of electronic FPNs. Electronic Traffic Enforcement (Miscellaneous Amendments) Bill 2023 will be introduced into the Legislative Council for first and second reading on December 13.
08/12/2023
The National Security Department of the Hong Kong Police Force today arrested a 77-year-old man in Cheung Sha Wan on suspicion of attempting or preparing to attempt an act or acts with seditious intention, contravening sections 9 and 10 of the Crimes Ordinance.      Police emphasised that attempting or preparing to attempt an act or acts with seditious intention is a serious crime liable to two years’ imprisonment on first conviction and three years’ imprisonment on subsequent convictions.
08/12/2023
Chief Secretary Chan Kwok-ki today inspected 79 probationary inspectors and 94 probationary officers on parade at the Hong Kong Customs College. Among the officers passing out, six probationary inspectors were members of the Customs Youth Leader Corps. Together with the Guards of Honour, the officers passing out adopted the Chinese-style foot drill to form a bauhinia pattern representing the Hong Kong Special Administrative Region as a symbol of their allegiance to it. They then formed a pattern representing the planet in a demonstration of their support of customs activities relating to the Belt & Road Initiative. The performance concluded with a pattern symbolising the District Council election by way of an appeal to electors to cast their votes.      Mr Chan said that with staunch support at a national level, Hong Kong has been focused on fully implementing the National Security Law and embarking on a new journey from stability to prosperity in the wake of the pandemic. He added that the Customs and Excise Department shoulders four important missions: safeguarding national security and maintaining social stability; capitalising on Hong Kong’s advantages of enjoying the motherland’s support and close connections with the rest of the world; work to benefit people’s livelihoods; and promotion of youth development.      The Chief Secretary urged the officers passing out to fufil the department’s ideal of “connectivity towards security and prosperity”, and to provide a quality service. 

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