You are here
RSS list
2024
The Home Affairs Department announced today that the Sai Kung District Office (SKDO) received a report concerning the theft of electronic devices from a sub-district care team yesterday. It stated that the operating organisation of the Sai Kung Hang Hau East Sub-district Care Team, ie the Hang Hau District Festival & Special Event Preparatory Committee, reported to the SKDO that a laptop and a mobile phone had been stolen. The items were locked in a room located at the address of the Hang Hau Rural Committee where the door lock had been broken. The stolen items contain personal data of the service recipients of that sub-district care team. It is estimated that the data involves the names and phone numbers of a few hundred people, some with addresses and identity card numbers. The operating organisation confirmed that they have been complying with the Personal Data (Privacy) Ordinance, and have properly handled and kept confidential the relevant personal data in accordance with the care team's principle of use of data and confidentiality. Both electronic devices and files containing personal data are protected by high-strength passwords. Under such security measures, the risk of data leakage should be relatively low. Police have classified the incident as a burglary case, and the operating organisation has reported the incident to the Office of the Privacy Commissioner for Personal Data. The Hang Hau Rural Committee and the operating organisation are reviewing, and will further strengthen, their security measures. They are also reminding residents and service recipients to be vigilant. The SKDO sincerely apologises to those affected for any inconvenience caused, and has set up a hotline, 6278 0536, for enquiries. Apart from reminding all care teams to stay vigilant and further strengthen security measures, the SKDO stressed that they should continue to handle and keep personal data confidential according to the guidelines.
The General Administration of Customs of the People's Republic of China (GACC) and Hong Kong Customs today launched the Mainland-Hong Kong "Single Submission for Dual Declaration" Scheme on cargo, extending the scheme’s coverage to all land boundary control points connecting the Mainland and Hong Kong. The move enables more enterprises to benefit from the completion of customs declarations for both the Mainland and Hong Kong sides by making a single submission of road cargo information, Hong Kong Customs explained. The two customs administrations recently launched a trial run of the Mainland-Hong Kong "Single Submission for Dual Declaration" Scheme on cargo, involving three participating enterprises, at the Shenzhen Bay and Heung Yuen Wai Boundary control points. These enterprises submitted cargo information to the China International Trade Single Window. The information was then encrypted and automatically sent to the Hong Kong Road Cargo System, from which the enterprises retrieved relevant cargo information for completing a local customs declaration. The participating enterprises noted that the scheme not only ensures the accuracy of cargo information declared for both the Mainland and Hong Kong sides but also saves time and manpower required for declarations and minimises operating costs. Hong Kong Customs said it will work closely with the GACC to further extend the scheme's coverage to cargo exported from Hong Kong to the Mainland, thereby providing comprehensive coverage of road cargo clearance between both places.
It has been 20 years since Hong Kong last hosted a regional conference of the International Association of Prosecutors, and it is an honour to do so again this year. Hong Kong, I want you to know, has come a long, good way over these past two decades. For the next few minutes, I am happy to update you on Hong Kong, and how our distinguished legal sector is working to protect the people of Hong Kong in this age of technology – and technology crime. Under the "one country, two systems" principle, Hong Kong enjoys a unique status, unparalleled by other jurisdictions in many ways. We are a special administrative region within the People's Republic of China, our country. At the same time, Hong Kong flourishes as a major international financial and legal hub, with deep and long-standing connections to the rest of the world. We are a city characterised by unrivalled connectivity and a free flow of information, capital, goods and people. Under the Basic Law, our constitutional document, Hong Kong may make appropriate arrangements with foreign states, for reciprocal juridical assistance. We may, using the title "Hong Kong, China", participate in international organisations and international trade agreements; and develop relations with foreign states and regions in such fields as trade, financial, shipping, communications and sports. Representatives of the Hong Kong Special Administrative Region Government may, also, participate in international organisations and conferences, as members of Chinese delegations. Hong Kong is China's only common law jurisdiction. Our legal system, resembling that of many major global financial centres, is supported by a long and established practice of the rule of law. Our courts exercise their judicial power independently, free from any interference. Also free from any interference, as prescribed by the Basic Law, is the conduct of criminal prosecutions by our Department of Justice. Our prosecutors pursue justice with integrity, professionalism and passion. And we are deeply committed to international co-operation in the fight against crime. This three-day regional conference of the International Association of Prosecutors, is hosted by the Prosecutions Division of the Hong Kong SAR Government's Department of Justice. With nearly 100 high-profile prosecutors and senior legal professionals here from 25 countries and regions, this conference is testament to Hong Kong's determination to work with the world – with you – in combatting crime. The conference theme, "Effective Prosecution Service in the Technological Age", highlights the critical importance of maintaining an innovative, connected and efficient public prosecution service in today's digital, ever-changing world. That demands that our public prosecution departments and offices, and everyone in them, be kept abreast of the latest developments in the law, as well as society. Cross-jurisdictional sharing of best practices and experience gained can make a decided difference in tackling technology crime, on an international level. In Hong Kong, a highly-developed international financial centre where technology is easily accessible by all, criminals are increasingly turning to the use of cryptocurrencies, virtual assets, and technology in committing traditional crime. And crimes executed solely through technology are also on the rise. That is why Hong Kong places great emphasis on the security of cyber infrastructure, in fighting technology crime, locally and internationally. The Law Reform Commission of Hong Kong's Cybercrime Sub-committee has published a consultation paper, on "Cyber-Dependent Crimes & Jurisdictional Issues". The sub-committee's law reform proposals centre on cyber-dependent crimes, ranging from the illegal interference and interception of computer data and systems, to possessing devices for committing a crime. The recommendations, which are in varying stages of progress, are part of an ongoing, multistage focus on cybercrime and related matters. They were created to better protect individual rights, in the face of rapid developments in information technology and the Internet, and the potential for our citizens to be criminally exploited. Last year, the Prosecutions Division of our Department of Justice established a Technology Crime Sub-Division. Its dedicated team of prosecutors specialise in handling and prosecuting technology crimes. The prosecutors work closely with cyber and forensic experts, and Police's Cyber Security & Technology Crime Bureau, to combat technology crime in the city. Hong Kong has been equally active in international outreach. Last September, we hosted the International Symposium on Cyber Policing, bringing together police leaders and officers from the Mainland, Macau, Interpol and 35 international jurisdictions, together with scholars and experts, all focused on cybersecurity. And, just last month, we participated in the 14th China-ASEAN (Association of Southeast Asian Nations) Prosecutors-General Conference in Singapore, as part of China's delegation to the conference. We took part in discussions, alongside Mainland colleagues, on issues related to today's technology, as well as financial crime and its effective prosecution. Ladies and gentlemen, I would like to take a moment to pay tribute to our prosecutors, from home and beyond. In the pursuit of justice, you uphold the principles of fairness, impartiality and, most importantly, the rule of law. You stay committed to safeguarding the public interest in spite of formidable challenges. I take pride in Hong Kong's excellent prosecutors. Hong Kong will continue to pursue the highest prosecutorial standards, bringing to the world stage a dedicated prosecution service, working with other jurisdictions to take on the heightened challenges of our technological age. My thanks to the International Association of Prosecutors for hosting this year's Asia and Pacific Regional Conference here in Hong Kong. I am grateful, too, to the Department of Justice for its dedicated efforts in organising this essential international gathering. Chief Executive John Lee gave these remarks at the opening ceremony of the 11th Asia & Pacific Regional Conference of the International Association of Prosecutors on November 28.
The 11th Asia & Pacific Regional Conference of the International Association of Prosecutors, co-hosted by the association and the Department of Justice, commenced today in Hong Kong, gathering around 240 local and overseas guests, senior government officials, legal professionals and experts. Chief Executive John Lee and Secretary for Justice Paul Lam delivered welcome speeches to mark the beginning of a series of discussions on strengthening international efforts against technology-related crimes. As new technologies have emerged in recent years, the world is facing unprecedented challenges posed by technology crimes. The three-day conference, with related programmes starting yesterday, is themed “Effective Prosecution Service in the Technological Age” and aims to address the challenges posed by the rapid evolution of technology in criminal activities and to enhance prosecutors’ ability to advance evidence against such criminals. The conference will cover a range of pertinent topics, including the challenges posed by decentralisation in the technological age, the handling of digital evidence, and the impact of technological advancements on criminal evidence and procedure. Participants will have the opportunity to share knowledge and experiences to stay ahead of cybercriminals and enhance prosecutorial capabilities.
The Hong Kong Special Administrative Region Government today strongly opposed and condemned the US for its so-called travel advisory which once again confuses the public and maliciously smears Hong Kong. A highly international city, Hong Kong has frequent exchanges with other countries, regions and international organisations, and such normal exchange activities are protected by the Basic Law and the laws of Hong Kong, the Hong Kong SAR Government said in a press statement. Meanwhile, the National Security Law and other relevant laws regulate the use of Hong Kong by foreign countries or external elements to carry out acts and activities endangering national security, which is obviously different from normal exchange activities, it explained. The Hong Kong SAR Government also pointed that as the laws related to national security provide a clear definition to the offences, and no one, including tourists, will unwittingly breach the law. The US has manipulated its foreign travel advisory into a political instrument, creating the illusion that all tourists coming to Hong Kong will be regarded as culprits endangering national security, thereby affecting travel. Such action, which bears ulterior motives, is extremely appalling and irresponsible. It also reiterated that the Safeguarding National Security Ordinance and the National Security Law form a comprehensive legal system and enforcement mechanism for safeguarding national security, allowing Hong Kong people to regain the enjoyment of rights and freedoms which many of them were unable to enjoy during the period of serious violence and Hong Kong version of a “colour revolution” in 2019. The Hong Kong SAR Government solemnly urged the US to discern fact from fallacy, and stop its wanton slanders and smears against the city.
The Judiciary today announced that its existing e-Appointment services will be extended to self-bankruptcy petitions and probate applications in the High Court on Friday. Unrepresented court users can make online appointments for attending the High Court Registry to file petitions for their own bankruptcy. Registered users of "iAM Smart" may use the auto form-filling function to provide relevant personal data for making online appointments. The auto form-filling function will gradually be included in other e-Appointment services in light of operational experience, the Judiciary said. In addition, the Probate Registry e-Appointment service for applications for grant will be extended to cover probate applications. Unrepresented litigants can make online appointments for submitting applications for a grant with a will. Apart from noting that its other e-Appointment services introduced earlier have generally been well received so far, the Judiciary emphasised that such services have saved court users' time by reducing the need to queue.
The Government said it respects the Court of Final Appeal's (CFA) judgment today of a judicial case concerning the inheritance rights of same-sex spouses, adding that it will seek the Department of Justice’s advice for follow-up actions. The CFA handed down the judgment in the Li Yik Ho, in substitution for the deceased Edgar Ng verses Secretary for Justice (SJ) case. It is a judicial review lodged by the applicant concerning the inheritance rights of same-sex couples lawfully married overseas under the Intestates' Estates Ordinance and the Inheritance (Provision for Family & Dependants) Ordinance. Dismissing the SJ's appeal, the CFA maintained the lower courts' judgments that the exclusion of same-sex couples lawfully married overseas from certain provisions of the two ordinances amounts to unlawful discrimination and is unconstitutional. While respecting the CFA's judgment, the Government said it will study the judgment thoroughly and seek legal advice from the Department of Justice for appropriate actions.
To boost Hong Kong as an international legal and dispute resolution services centre, the Department of Justice (DoJ) nurtures legal talent to empower them to become well-versed in international law via secondment programmes. Hong Kong practising barrister Kevin Lau, who has developed a broad civil practice and a deep interest in international law, embarked on a unique professional journey through the DoJ’s secondment programme last year. “As a private legal practitioner in Hong Kong, it is actually not that easy to find many opportunities to work consistently on international law. So, when the opportunity for the secondment arose, I simply took the plunge and clicked the 'yes' button,” he said. Mr Lau served as a legal officer at the International Institute for the Unification of Private Law, or UNIDROIT, in Rome, Italy. Throughout his six-month secondment, he concentrated on conducting legal research, co-ordinating work meetings, and navigating a steep learning curve. Widening horizons Assigned to UNIDROIT Deputy Secretary-General Anna Veneziano, Mr Lau focused on the Best Practices for Effective Enforcement project. He portrayed it as an interesting research task because he had the unique opportunity of exploring the laws of different jurisdictions on enforcing court judgments. Mr Lau noted that UNIDROIT works in many different fields, dealing with concepts and issues that may not be familiar to lawyers in Hong Kong, such as laws related to agricultural development. “Like the law concerning agricultural products and how they are stored in warehouses and how the warehouse receipts can be commoditised. “So, there is a lot of very quick catch up that you have to do in order not to get lost when you are thrown into the crucible,” he explained. Mr Lau expressed that there were colleagues from diverse nationalities, for example the US, Brazil and Germany, describing the work environment as huge cultural exchanges. He saw the greatest benefit of the secondment as broadening horizons, believing it is beneficial for both career and personal growth. “It is just the whole perspective of trying to come to grips with the values, or how people see things in Italy. My Italian friends really taught me about the value of being still and chill. “There is really no universally better practice, right? So, there is always something you can learn from one another,” he added. Mr Lau also paid more attention to the latest dynamics worldwide, such as the popular legal debates across Europe, which he believes will help him to excel in his practice in Hong Kong. Significant contributions On the day of this interview, Mr Lau moderated a panel discussion, at Hong Kong Legal Week 2024, with one of the guest speakers being UNIDROIT Secretary-General Ignacio Tirado, whom he worked under during his secondment. Prof Tirado hailed the secondment arrangement with the DoJ as a success, recognising the contributions made by Hong Kong legal professionals. “Their abilities are fantastic, and they have helped us so much in very different projects, from the enforcement of the Cape Town Convention to international commercial contracts to digital assets. “They can bring their expertise from one of the world's leading legal and financial centres. They bring a common law culture, which is also used to grappling with the differences of other legal communities, like civil law cultures as well,” Prof Tirado explained as he expressed his wish to welcome more secondees from Hong Kong in future.” Dream-fulfilling experience “When I was very young, my father took me to visit international organisations such as the United Nations in Switzerland. So, this seed of a dream has been rooted in my heart since then.” Hong Kong solicitor Beryl Wu realised her childhood aspiration when she became the first private practitioner seconded to the Permanent Bureau of the Hague Conference on Private International Law, or HCCH, in The Hague, the Netherlands. She described the six-month journey as a valuable experience as she immersed herself in the transnational litigation team's work and jurisdiction projects. “Members from different countries come together to discuss the provisions for future conventions in relation to parallel litigations in commercial matters. “For private practice lawyers, it is a rare opportunity for us to observe the workings behind the drafting and negotiation of an international convention. So, this has been an eye-opening experience for myself.” Crucial opportunity The DoJ’s secondment programmes to UNIDROIT and HCCH are open to legal professionals from both the public and private sectors. It also has secondment arrangements with the United Nations Commission on International Trade Law, or UNCITRAL, and the Asian Infrastructure Investment Bank, or AIIB, exclusively for government counsels. Department of Justice Legal Enhancement & Development Office Assistant Principal Government Counsel Kwok Hin, a secondee to UNCITRAL and AIIB, worked in Incheon, Korea, and Beijing. She provided legal advice and participated in negotiations on legislative amendments to international commercial transactions as well as the Bank's internal legal framework. Miss Kwok said the secondment experience has enhanced her adaptability and communication skills, helping her to quickly integrate into new tasks and effectively express opinions in a multicultural setting. “Most importantly, the secondment has pushed me out of my comfort zone to explore new possibilities.” Miss Kwok emphasised the department’s commitment to promoting secondment programmes, nurturing local legal professionals, and offering continuous training. “So far, over 20 local legal talents have participated in the secondment programmes. “By participating in the work of these organisations, local legal talent could gain invaluable knowledge of the operation of international organisations, broaden their horizons through working with international law experts, and insert a Hong Kong perspective in shaping the development of international law.”
The Government announced that it published in the Gazette today the Courts (Remote Hearing) Bill, which aims to enhance judicial efficiency and flexibility. The Government explained that the bill seeks to provide a clear legal basis for judges and judicial officers to order remote hearings for court proceedings at various levels of courts and tribunals where appropriate, having regard to all relevant factors, as well as the dual requirements of open justice and fair hearing. The Courts (Remote Hearing) Bill covers the details of making a remote hearing order, including the factors to be considered by the court and the operation of remote hearings, including the powers of judges, attendance of participants, as well as transmission of documents, presentation of objects and signing of documents. The bill’s other major provisions include the scope and exceptions to the use of remote hearings; the safeguards for open justice in remote hearings and the proposed new offences to criminalise unauthorised recording, publishing and broadcasting of court proceedings conducted through both physical and remote hearings. The Government said that taking into account limitations, risks and concerns in remote hearings for some court proceedings having regard to the paramount consideration of ensuring administration of justice, the bill sets out express exceptions to the use of remote hearings, including hearings of all proceedings relating to national security and criminal trials in all other cases. As the lack of a physical setting may render remote hearing more susceptible to unauthorised recording and publishing of court proceedings, the bill contains new offences to criminalise such conduct which may prejudice or interfere with court proceedings, it added. In response to rising expectations from court users and the community, the Judiciary has been taking proactive measures in making greater use of technology to enhance the efficiency of court operations, with remote hearing as one of the key initiatives in this regard. In line with established practice, the court will direct the use of remote hearings only if it is fair and just to do so, having regard to a host of relevant considerations. It is a case management decision of the court in the exercise of its existing case management powers. Consultations on the draft bill were conducted in February 2021 and June 2022. In general, public response to the use of remote hearings for civil and criminal proceedings in court, and the proposed legislative exercise has been positive. Additionally, key stakeholders including the Hong Kong Bar Association, the Law Society of Hong Kong and law enforcement agencies have indicated support for the proposed legislation on remote hearings.
Chief Secretary and Chairman of the Fight Crime Committee (FCC) Chan Kwok-ki today led members of the FCC and chairpersons of the District Fight Crime Committees (DFCC) on a study and exchange tour in Guangzhou. The delegation comprised 30 members, including Commissioner of Police Siu Chak-yee, Commissioner of Correctional Services Wong Kwok-hing and Secretary for Security Tang Ping-keung. Upon arriving in Guangzhou, the delegation watched a minimum emergency unit drill in the Tianhe City Central Business District in Tianhe District and visited the Huale Police Station of the Guangzhou Municipal Public Security Bureau. Afterwards, while meeting Guangdong Provincial Public Security Department (GDPSD) Director Liu Guozhou, Mr Chan expressed gratitude for the GDPSD’s hospitality and introduced the work of the FCC and DFCC. Noting that the GDPSD and the Hong Kong Special Administrative Region’s law enforcement agencies have long maintained close co-operation in combatting cross-border crimes, particularly cross-border deception cases, the Chief Secretary conveyed the hope that both sides would deepen co-operation to safeguard social security and stability. The delegates also visited the integrated service hall of the Guangzhou Municipal Public Security Bureau to learn about the facility's one-stop services to the public, as well as the police history museum of the GDPSD.