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2024
Deputy Secretary for Justice Cheung Kwok-kwan will depart for Urumqi, Xinjiang tomorrow to attend the 8th International Mediation Summit and address its opening ceremony. Mr Cheung will return to Hong Kong on August 23.
The Hong Kong Special Administrative Region Government today said it opposed Bloomberg’s biased report on the submissions made by some organisations on the proposed legislative framework to enhance protection of computer systems of critical infrastructures, taking the views of the submissions out of context. In a statement published tonight, the Hong Kong SAR Government noted that in the one-month consultation that ended on August 1, it received 53 submissions, in which 52 supported the legislation and made constructive suggestions. The supportive submissions came from organisations such as the Asia Internet Coalition, the American Chamber of Commerce in Hong Kong, and the Hong Kong General Chamber of Commerce. The statement pointed out that the proposed legislative framework only concerns protecting the Critical Computer Systems (CCSs) of the Critical Infrastructure Operators (CIOs), which in no way involves the personal data and business information. The Hong Kong SAR Government stressed that relevant legislation already exists in other jurisdictions, such as the Mainland, Macau SAR, the US, the UK, Australia, the European Union and Singapore. It indicated that information technology (IT) is one of the sectors to be regulated under the proposed framework, revealing that IT or IT related sectors are also regarded as critical infrastructures in the relevant legislation in other jurisdictions, such as the US, Australia and Singapore. Only individual organisations, instead of the entire IT sector, having regard to four factors, will be designated as CIOs to be regulated under the new regime, the Hong Kong SAR Government added. These factors are: implications on essential services and important societal and economic activities in Hong Kong if there was damage, loss of functionality, or data leakage; level of dependence on information technology; importance of the data controlled; and degree of control on the critical infrastructure. The Hong Kong SAR Government said that the proposed legislation does not have extraterritorial effect. The Commissioner’s Office will only request information accessible to CIOs and will allow reasonable time for preparation. Furthermore, it stated that CIOs have the responsibility of properly responding to cyberattacks. Only when a CIO is unwilling or unable to respond to an incident on its own would the Commissioner’s Office consider applying to a Magistrate for a warrant to connect to the CCSs or install programmes in the CCSs. Such applications are made in view of necessity, appropriateness, proportionality and public interest. Relevant regulators in other jurisdictions, such as Australia and Singapore, also have similar powers. The Hong Kong SAR Government emphasised that it has been engaging, and will continue to engage all industry stakeholders in formulating the legislative regime and the related Codes of Practice.
Chief Secretary Chan Kwok-ki, Secretary for Security Tang Ping-keung and Commissioner of Police Siu Chak-yee officiated at the Junior Police Call (JPC) Summer Camp 2024 opening ceremony in Pat Heung today. Speaking at the ceremony, Mr Tang said this year marks the 50th anniversary of the JPC's establishment. He recalled different stages of his journey with the JPC, from his initial role as a member participating in activities to his current role as the Honorary Chief President contributing ideas to its development. Mr Tang also noted that in recent years, the JPC had organised a number of activities to provide opportunities for members to learn about the country's history and culture. He was glad to see that the JPC has echoed the country's development direction of new quality productive forces by pursuing innovation and change and organising more technology-related activities for young people, so as to cultivate their awareness of crime prevention and innovative thinking. Mr Tang encouraged the younger generation to live up to the nation’s expectations and pursue their studies with dedication and perseverance. During the opening ceremony, former member of the Hong Kong Fencing Team Cheung Siu-lun shared his experience and demonstrated fencing skills to the audience. After the ceremony, the Chief Secretary and other officiating guests toured the summer camp and chatted with the JPC members. This year, over 220 members participated in a series of competitive events and adventure exercises with elements of policing knowledge and investigation. The camp has been extended from two days, one night to four days, three nights, providing additional opportunities for participants to engage with one another and learn through experience.
The Department of Justice held the first “Greater Bay Area (GBA) Mediator Training Course of Hong Kong” today, attracting about 400 participants. Mediation experts from Guangdong and Macau were invited to introduce the respective mediation systems and cultures of the two places. They also explored the latest developments in cross-boundary dispute mediation in the bay area and the integration of mediation practices between Guangdong, Hong Kong and Macau. Delivering opening remarks, Deputy Secretary for Justice Cheung Kwok-kwan outlined that the bay area enjoys the unique legal environment of “one country, two systems and three jurisdictions” and plays a key strategic role in the overall development of the country. He added that the bay area is the best entry point for Hong Kong, as the only common law jurisdiction in the country, to proactively align with national development strategies. Mr Cheung highlighted that the department released its “Action Plan on the Construction of Rule of Law in the Guangdong-Hong Kong-Macao Greater Bay Area” earlier this year. He explained that it aims to promote connectivity of hardware and software in constructing the bay area’s rule of law by means of “three interfaces”: mechanisms, regulatory frameworks and talent. In turning the “differences” among its constituent legal systems into “benefits”, the goal of “One GBA” will be achieved through collaboration, he stressed. The deputy justice secretary also emphasised the good progress being made on the “three interfaces”. He noted that Guangdong, Hong Kong and Macau all implemented accreditation rules for bay area mediators in March, and are striving to process their respective accreditations this year to form a consolidated panel of mediators upon confirmation by the GBA Legal Departments Joint Conference. As the number of registered participants for today’s course far exceeded the maximum capacity of the event venue, an online platform was added to accommodate more participants. By completing the course, participants attained one of the accreditation requirements under the Guangdong-Hong Kong-Macao Greater Bay Area Mediator Accreditation Rules (Hong Kong Special Administrative Region). After attaining the other accreditation requirements, they can apply for “GBA Mediator Accreditation of Hong Kong” when it launches for the first time later this year.
Police today alerted the public to four fraudulent websites purporting to be the force's website. The websites are in English only and offer three fake services: Case Status, Launch Case and Officer Directory, in order to obtain personal data or criminal information, such as names, dates of birth, addresses and phone numbers. The four fraudulent websites are https://96o.1ss5623.com, https://joshhyoung.icu, https://amylfraser.xyz and https://tiaflowe.icu. Police have no connection with the websites. The case is being investigated and followed up, and includes the fraudulent websites being taken down by its Cyber Security & Technology Crime Bureau. The Police Force's genuine website is https://www.police.gov.hk. Citizens are advised to stay alert and refrain from visiting suspicious websites or disclosing any personal information. Anyone who has provided personal information to the fraudulent websites should report the matter to Police as soon as possible.
More than 20 students holding the new Mainland Travel Permit for Hong Kong & Macao Residents (non-Chinese Citizens) returned from a three-day Greater Bay Area exchange tour organised by a local group. Having activated their cards for self-service clearance, they could complete the immigration clearance process by simply scanning their permit and fingerprint. Returning to Hong Kong via the Shenzhen Bay Port, the students described the immigration clearance process as faster and more efficient than before, as there was no longer any need to apply for a separate visa to enter the Mainland. From July 10, non-Chinese Hong Kong permanent residents became eligible for the travel permit. The exchange tour for 20 non-Chinese students included stops in Guangzhou, Panyu and Foshan. During the trip, they visited various attractions and took part in activities such as a Chinese calligraphy class where they created a greetings card for Chief Executive John Lee. The students appreciated the opportunity to gain a deeper understanding of Chinese culture through joining the tour. “I really enjoyed the Chinese calligraphy. It is fun, beautiful and creative. I have understood more about Chinese culture and arts,” student Zane Dangal said. While fellow exchange tour participant Maeson Limbu enjoyed the added convenience of using the travel permit. The tour organiser thanked the central government for making it more convenient for non-Chinese permanent residents of Hong Kong to travel to the Mainland. He noted that the permit allows multiple entries into the Mainland within a five-year validity period, which provides more exchange opportunities for students who were not eligible to apply for tours in the past. The organiser added that it was the first time for some of the students to travel to the Mainland and they were so impressed that they would like to visit again soon.
In view of a megaquake advisory for parts of Japan, the Hong Kong Special Administrative Region Government today reminded Hong Kong residents who are already there or intend to visit Japan to exercise caution. The Japanese authorities issued a megaquake advisory for parts of Japan following a magnitude 7.1 earthquake that occurred recently off the coast of Miyazaki Prefecture. Given that it is now the peak summer travel season and that Japan is a popular travel destination for Hong Kong residents, the Hong Kong SAR Government advised those travelling to the country to exercise caution, mind their personal safety and monitor local announcements. The Security Bureau has updated its Outbound Travel Alert webpage, and said it will continue to monitor the situation in Japan closely. Updates will be issued via the media, the bureau’s mobile application and the webpage. Hong Kong residents in Japan who need assistance can ring the Immigration Department’s 24-hour hotline at (852) 1868, call the 1868 hotline using network data or use the 1868 Chatbot via the Immigration Department Mobile Application. Alternatively, they can send a message to the 1868 WhatsApp assistance hotline or the 1868 WeChat assistance hotline, submit an online assistance request form or call the Chinese Embassy in Japan’s consular protection hotline at +81 3 6450 2195. Hong Kong residents are encouraged to use the online Registration of Outbound Travel Information service to register their contact details and itinerary while outside Hong Kong. The data provided will allow the Immigration Department to send them practical information on a timely basis when necessary.
The Government welcomed the Court of Final Appeal's (CFA) judgment today unanimously dismissing the appeals of seven appellants including Lai Chee-ying arising out of their knowingly taking part in an unauthorised assembly on August 18, 2019. The CFA reiterated that the defendants' applications for leave to appeal on the grounds of challenging the trial judge's factual findings had been refused. The court also stated in its judgment that the appellants' constitutional challenges against the Public Order Ordinance had failed, and they had not raised any constitutional challenge against the Commissioner of Police's decision to ban the march, and that was not to suggest that such a challenge would have succeeded as there were compelling reasons to accept that the Commissioner of Police's decision had been constitutionally sound and proportionate. The CFA has explained and modified the legal concept of “operational proportionality”, placing it in the well-established framework for constitutional challenges in this jurisdiction. In view of the differences between the respective frameworks for human rights challenges in Hong Kong and the UK, the court also held that the decisions of the two UK cases should not be followed in Hong Kong, and rejected the appellants' argument that each of a defendant's arrest, prosecution, conviction and sentence must be separately justified as proportionate. The Government reiterated that Hong Kong citizens have the rights to peaceful assembly and procession conducted in accordance with the law. That said, these rights must be exercised in conformity with the relevant legislation to ensure the safeguarding of national security, public order, public safety and the protection of the rights and freedom of others. The impact of such public events on the public should also be minimised. The Government said Hong Kong residents have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region, adding that equality before the law is one of the fundamental facets of the rule of law, and all people, regardless of race, rank, politics or religion, are subject to the laws of the land.
The number of crimes reported in the first half of 2024 was 45,315 cases, a 5.6% increase over the same period in 2023, while the overall detection rate was 26.3%. The number of deception cases increased 6.2% to 19,897 in the first half of 2024, of which 62.3% were Internet-related. Deception cases accounted for 43.9% of the total number of crimes and the amount involved was $4.48 billion. The loss incurred from investment fraud accounted for 34.5% of the total. With respect to enforcement, 5,693 people were arrested for deception cases and related money laundering offences in the first half of 2024, a 40% increase over the same period last year. More than 4,000 of them were stooge account holders. Apart from expediting prosecution, Police also apply to the court for enhanced sentencing. As of June, the force succeeded in enhancing the sentence of 11 stooge account holders in nine cases by three to 12 months, resulting in 26 to 75 months of imprisonment. Although the rise in deception cases in the first half of 2024 has slowed down compared with the same periods of the previous two years, the number of cases is still high and the amount of loss involved is substantial. As a result, Police will step up efforts to combat deception and appeal to the public to convey anti-deception messages to their family and friends. Meanwhile, there were 1,821 cases of wounding and serious assault, a slight increase of 1.4% over the same period last year. The number of robberies dropped 25.4% while burglary cases rose by 19.6%. Regarding the closed-circuit television (CCTV) installation scheme aimed at combatting various crimes, Police completed the installation of CCTV cameras at 15 locations in Mong Kok in April for testing the technicality. Since June, the force began installing other CCTV cameras in phases, with a target of installing 615 sets in various districts within this year. With the assistance of the newly installed CCTV cameras, Police have detected 17 cases involving serious crimes as at July 31, including homicide, robbery, wounding and possession of imitation firearm, and a total of 27 people have been arrested, showcasing the effectiveness of CCTVs in fighting crime. As for the enforcement of the National Security Law, as at June 30 this year, Police arrested a total of 300 people, and among them, around 60% have been charged.
Secretary for Justice Paul Lam and his delegation concluded their visit to Foshan by meeting Foshan Federation of Industry & Commerce representatives and touring a local company today. During the meeting this morning, Mr Lam and the delegation gained a better understanding of the business developments there as well as the demand for cross-boundary legal services. They also discussed how Hong Kong's comprehensive legal and dispute resolution services could facilitate the development of enterprises in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA). The justice chief then attended a luncheon with the federation and gave a keynote speech. In the afternoon, Mr Lam and his delegation visited the Keda Industrial Group Company to learn more about its diverse global businesses, and how Hong Kong, as a centre for international legal and dispute resolution services in the Asia-Pacific region, can further promote GBA development under the auspices of the Belt & Road Initiative by providing high-quality one-stop legal services to enterprises in the region. Leading a delegation of about 20 people comprising representatives from the Hong Kong Bar Association, the Law Society of Hong Kong and related sectors, Mr Lam arrived in Foshan yesterday afternoon and attended a dinner with Foshan Mayor Bai Tao. Mr Lam and his delegation returned to Hong Kong this afternoon.