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2024

30/12/2024
The legal departments of Guangdong Province, the Hong Kong Special Administrative Region and the Macao Special Administrative Region today released the consolidated Guangdong-Hong Kong-Macao Greater Bay Area (GBA) Mediator Panel 2024. The consolidated panel, with 146 mediators from Hong Kong, Guangdong and Macau, is available on the Department of Justice's (DoJ) website. The establishment of the GBA Mediator Panel implements the measure in the Action Plan on the Construction of Rule of Law in the GBA released earlier by the DoJ to promote the interface of mediation regulatory frameworks of the three places and wider use of mediation in the GBA. The panel was jointly formulated by the DoJ, the Department of Justice of Guangdong Province and the Office of the Secretary for Administration & Justice of the Macao SAR Government. It has been agreed by the Working Group on the GBA Mediation Platform and endorsed at the GBA Legal Departments Joint Conference. 
28/12/2024
The Department of Justice (DoJ) today updated the “Annotations of the Hong Kong National Security Law & Sedition Offences in the Crimes Ordinance” to cover the developments in the laws relating to safeguarding national security up to June 30, 2024 as well as judgments of individual major cases thereafter. The updated contents have been uploaded to a dedicated website for people to assess. The DoJ launched the English and Chinese versions of the annotations in December last year and June this year respectively. Since the annotations’ launch, there have been important developments in the relevant laws relating to the safeguarding of national security, and the courts have handed down judgments in relevant important cases. The DoJ collated and summarised these important judgments with a view to enabling the public to better understand the National Security Law (NSL) and related laws, and facilitating the legal sector’s research and application of the NSL and related laws. Separately, the DoJ today published the “Proceedings for the National Security Legal Forum ‘Looking Back & Ahead, New Dawn for Development’”, in order to share with the public the fruits of the legal forum that it organised on June 8 this year. The proceedings comprise the relevant speeches and discussions at the forum, compiled and translated by the DoJ, and have already been uploaded to DoJ’s website for public access.
27/12/2024
The Government today announced special boundary-crossing and public transport service arrangements for New Year's Eve and the New Year holidays. An interdepartmental working group on festive arrangements, led by the Chief Secretary, released information on the arrangements after a consensus was reached with relevant departments from Guangdong and Shenzhen. Clearance services at the Shenzhen Bay Control Point, which usually close at midnight, will operate overnight, providing round-the-clock services. Passenger clearance services at the Lo Wu Control Point, which usually close at midnight, will be extended to 2am the next day. The operating hours of the MTR's East Rail Line will be extended, with the departure of the last East Rail Line train from Admiralty to Lo Wu scheduled for 12.56 am. The Hong Kong-Zhuhai-Macao Bridge (HZMB) Port and the Lok Ma Chau/Huanggang (LMC/HG) Port will operate round-the-clock as usual. During the implementation of 24-hour clearance at the Shenzhen Bay Port, only cross-boundary private cars issued with Closed Road Permits for the LMC/HG Control Point will be allowed to cross the control point during the early hours of January 1. Cross-boundary private cars issued with permits for the ports at LMC/HG, Shenzhen Bay, Man Kam To and Sha Tau Kok can use the Shenzhen Bay Port during the early hours. The Government has also worked with cross-boundary coach service operators to arrange additional services, including cross-boundary coaches departing from stations in urban areas such as Wan Chai, Prince Edward, Yau Ma Tei and Jordan, as well as a shuttle bus running between the Lok Ma Chau (San Tin) Public Transport Interchange and the LMC/HG Port (Yellow Bus), and the HZMB shuttle bus (Gold Bus). To tie in with the round-the-clock passenger clearance arrangements at the Shenzhen Bay Control Point on January 1, franchised bus operators will operate two special overnight bus routes, NB2 and NB3, to provide services to and from Yuen Long/Tin Shui Wai and Tuen Mun during the overnight period. In the case of travellers using the MTR's East Rail Line overnight services after the closure of the Lo Wu Control Point, they can also take a specially arranged bus service, route No. N73, from Sheung Shui MTR Station to Lok Ma Chau (San Tin) Public Transport Interchange, and transfer to the Yellow Bus for their journey to Shenzhen. The Government highlighted that the full support of and co-ordination by leaders and relevant departments in Guangdong and Shenzhen were crucial to implementing the special arrangements. Relevant bureaus and departments in Hong Kong have formulated plans. They have minimised leave for frontline officers and redeployed additional staff from other boundary control points. An Inter-departmental Joint Command Centre set up by Police, the Immigration Department, Customs and other departments will monitor real-time situations at various control points. The command centre will also maintain close liaison with Mainland port authorities and flexibly deploy manpower to ensure smooth operations at control points. The Security Bureau will activate its Emergency Monitoring & Support Centre to closely monitor and co-ordinate public order at various control points, and will facilitate interdepartmental follow-up action where necessary to respond promptly to emergencies. The Transport Department will implement special traffic and transport arrangements on New Year's Eve to facilitate attendance at the fireworks display in Victoria Harbour and other holiday celebration activities. The arrangements will include road closures on Hong Kong Island and in Kowloon.
26/12/2024
The Hong Kong Special Administrative Region Government said today that it strongly disapproves of and firmly rejects the reauthorisation by the US of Sanctions Provisions under its Hong Kong Human Rights & Democracy Act, as incorporated in its National Defense Authorization Act for Fiscal Year 2025. In a statement, the Hong Kong SAR Government said that in accordance with international law and international practice based on the UN Charter, each and every sovereign state has an inherent right to enact laws safeguarding national security. It highlighted that the US itself has at least 21 pieces of legislation safeguarding national security, and is therefore guilty of double standards by pointing the finger at Hong Kong's national security legislation. Moreover, the statement underlined that the Hong Kong National Security Law and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security in Hong Kong. The offences endangering national security that are stipulated in these laws target specific acts with precision, and define the elements and penalties of the offences with clarity, it added, stating also that the offences target only an extremely small minority of people without affecting the basic rights and freedoms lawfully enjoyed by Hong Kong residents. The statement elaborated that the US clamour for “sanctions” is a despicable attempt to intimidate Hong Kong SAR officials who are involved in safeguarding national security, and is a demonstration of political grandstanding. It added that the Hong Kong SAR Government will resolutely continue to discharge its duty of safeguarding national security. In addition, the statement outlined that the Hong Kong SAR Government fully and vigorously enforces sanctions resolutions imposed by the United Nations Security Council (UNSC) in order to fulfill its international obligations. This includes denying entry to vessels sanctioned by the UNSC and other suspicious vessels, and monitoring Hong Kong-based companies to prevent them from participating in activities that might constitute evasion of UNSC sanctions, it said. The statement added that the Hong Kong SAR Government has a comprehensive and robust control regime in place with regard to the import and export of “strategic commodities” and participates in the Chemical Weapons Convention and the Arms Trade Treaty, both of which the central government is a signatory to. The Hong Kong SAR Government said the effectiveness of its work in these areas is well respected and recognised by trading partners and internationally. Noting that the US has substantial economic interests in Hong Kong, the statement said the country had a trade surplus totalling about US$270 billion in relation to Hong Kong over the past decade. It pointed out that the some 1,390 US companies currently operate in the city, stressing that the US government's actions endanger the mutually beneficial relations between Hong Kong and the US, and harm the interests of US companies. The statement reiterated that foreign governments and legislatures should not interfere in any form in the internal affairs of Hong Kong.
24/12/2024
The Secretary for Security today exercised the powers conferred by the Safeguarding National Security Ordinance to specify seven individuals who have absconded to the US and Australia and are subject to warrants of arrest on suspicion of having committed offences endangering national security, and describe the measures to be applied against them by notices published in the Government Gazette. The specified absconders include four men, namely Yuan Gong-yi, Kwok Wing-hang, Hui Chi-fung and Yam Kevin. The three female absconders are Kwok Fung-yee, Hui Wing-ting and Siu Joey. The four measures applicable to all seven absconders include: "prohibition against making available funds etc or dealing with funds etc", "prohibition against certain activities in connection with immovable property", "prohibition in connection with joint ventures or partnerships with relevant absconders", and "cancellation of Hong Kong Special Administrative Region passports etc". Moreover, two additional measures - "suspension of qualification to practise" and "temporary removal from office of director", are applicable to individual relevant absconders. The Government noted that the seven wanted criminals continue to blatantly engage in activities endangering national security, inciting secession and subversion, and requesting foreign countries to impose “sanctions” or blockade and engage in other hostile activities against the People's Republic of China and Hong Kong. To a greater extent, they continue to collude with external forces to be covered for their evil deeds, and it is necessary to take measures to strongly combat the acts of abscondment, it added. The Government also pointed out that time had been given for them to return to Hong Kong for law enforcement and legal proceedings before the measures were taken, but they did not cherish the opportunity and did not return to surrender themselves. Police reminded the public that except under the authority of a licence granted by the Secretary for Security, any person, whether directly or indirectly, making available any funds or other financial assets or economic resources to a relevant absconder, commits an offence and is liable on conviction to imprisonment for seven years. Meanwhile, legal proceedings will also be initiated against Hui Chi-fung to confiscate his proceeds of crime. The Government explained that he had committed numerous heinous crimes, with a number of criminal charges laid against him. According to the Implementation Rules for Article 43 of the National Security Law, Police today published a notice of legal proceedings in respect of the arrest warrant against him. Hui Chi-fung was charged in 2020 with contempt of the Legislative Council, criminal damage, attempting to pervert the course of justice, access to computer with dishonest intent, and administering to any other person a noxious thing with intent to injure, aggrieve, or annoy such person', etc. In the same year, he conspired with foreign politicians to forge documents and deceived the court with false information to obtain the court's permission to leave Hong Kong while on bail. Hui Chi-fung pretended to go on an official visit to Denmark, but in fact he jumped bail and absconded overseas to evade criminal responsibility. The Government indicated that upon investigation, sufficient evidence was found to prove that he had committed and profited from offences endangering national security, and had transferred some of his assets to his wife and mother. The Government emphasised that it is necessary to take further measures to confiscate the proceeds of Hui Chi-fung's criminal acts and prevent his use of the proceeds in further acts and activities endangering national security. Noting that endangering national security is a very serious offence, the Government stressed that it has the responsibility to pursue the legal liabilities of those who have committed the relevant offence.
24/12/2024
Police's National Security Department today said that six people who have absconded overseas and are suspected to have committed offences under the National Security Law have been placed on the wanted list. The court has, upon application by Police, issued arrest warrants against the individuals at large. The six people comprise four men, namely Chung Hon-lam, Chung Kim-wah, Ho Leung-mau Victor, Joseph Tay, and two women, Lau Ka-man and Cheung Hei-ching Chloe. The department indicated that the suspects, who have fled overseas, are alleged to have committed offences under the National Security Law. Such offences include incitement to secession, subversion, as well as collusion with a foreign country or with external elements to endanger national security. Police applied to the court for the arrest warrants in accordance with the law and put the suspects on the wanted list. Given that Police have attached great concern to the case, a reward of $1 million in respect of each wanted person is being offered by Police to any member of the public who can provide information about such individuals or the related cases. Separately, taking into account the need for safeguarding national security, the Secretary for Security exercised the powers conferred by the Safeguarding National Security Ordinance today to specify seven individuals who have absconded overseas as absconders, including four men, namely Hui Chi-fung, Yuan Gong-yi, Kwok Wing-hang and Yam Kevin, and three women, Kwok Fung-yee, Hui Wing-ting and Siu Joey. The Secretary for Security also described the measures to be applied against these absconders. Police stressed that endangering national security is a very serious offence, noting that such acts or activities may lead to extremely serious consequences. The department explained that according to Article 37 of the National Security Law, this law shall apply to a person who is a permanent resident of the Hong Kong Special Administrative Region, or an incorporated or unincorporated body such as a company or an organisation which is set up in the region if the person or the body commits an offence under this law outside the region. Therefore, Police have the responsibility to pursue those who have allegedly committed offences under the National Security Law outside Hong Kong.
23/12/2024
Chief Secretary Chan Kwok-ki addressed the opening ceremony of the reprovisioned Chung Ying Street Checkpoint in Sha Tau Kok today. A pilot scheme for facial recognition technology has been introduced at the new checkpoint, enabling people living or working at Chung Ying Street to access the area unimpeded through “contactless channels” without having to stop and produce their Closed Area Permit (CAP) or use their fingerprint to verify their identity. Addressing the opening ceremony, Mr Chan noted that to facilitate entry to and exit from Chung Ying Street, the Government has replaced the former checkpoint made up of marquees with a permanent structure, and for the first time introduced facial recognition technology, allowing people living and working on Chung Ying Street to be the first to use “contactless channels” for unimpeded access. He said the Government will continue to explore the application of relevant technology to complement the future opening of Chung Ying Street for tourism, adding that in the future, holders of valid CAPs for access to Chung Ying Street may, upon prior enrolment, pass through the checkpoint via “contactless channels”. The Chief Secretary highlighted that in adopting the pilot scheme, the Government hopes to replace the current mode of manual inspections through applying innovative technology to assist users of the checkpoint, enhance its capacity and highlight Hong Kong's high-quality digital technology as an international metropolis. Mr Chan also thanked the various government departments and organisations for their joint efforts in the successful completion of the reprovision project, providing better facilities for Chung Ying Street, an area rich in unique historical and cultural value. The checkpoint's design has integrated historical and modern elements, showcasing the characteristics of Hong Kong's traditional train stations. Its exterior wall is decorated with copper plate engravings featuring a historical train, preserving the history of the branch line. Multiple energy-saving designs have also been incorporated in the checkpoint.
21/12/2024
The Hong Kong Special Administrative Region Government today said it strongly disapproves of and opposes the so-called "2024 Annual Report" issued by the US Congressional-Executive Commission on China (CECC), which made malicious smearing remarks against multiple areas in the Hong Kong SAR. In a statement, the Hong Kong SAR Government said it disapproves of the CECC's repeated tactics to interfere in the affairs of Hong Kong through the so-called annual report, and for making slandering remarks against the city, where “one country, two systems” is successfully implemented. The US is once again making unfounded and fact-twisting remarks, the Hong Kong SAR Government specified, adding that such attempt to undermine the prosperity and stability of Hong Kong and interfere in its law-based governance is smack of despicable political manipulation with ill intentions. "The CECC openly clamours for so-called 'sanctions' with an aim to intimidate Hong Kong SAR officials who resolutely safeguard national security. The Hong Kong SAR Government strongly condemns its political grandstanding rife with ill intentions, which have been seen through by all. “The Hong Kong SAR despises the so-called 'sanctions' and will not be intimidated by such a despicable behaviour. It will resolutely continue to discharge the duty of safeguarding national security. "The Hong Kong SAR Government reiterates that it steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to the highest principle of “one country, two systems”. It added that it strongly demands the US to immediately stop acting against the international law and basic norms of international relations and interfering in China's internal affairs and Hong Kong affairs. The Hong Kong SAR Government sternly refuted the slandering remarks against the Hong Kong SAR in the US' so-called report citing three aspects that include safeguarding national security, safeguarding the due administration of justice and rule of law, and safeguarding rights and freedoms. It stated that it strongly opposes the absurd and untrue content regarding legislation safeguarding national security in Hong Kong contained in the report. In accordance with international law and international practice based on the Charter of the United Nations, safeguarding national security is an inherent right of all sovereign states. Many common law jurisdictions, including the US, the UK, Australia and Canada, have enacted multiple pieces of legislation and implemented measures to safeguard national security. The US’ report completely ignored the severe national security threats posed by the riots and the Hong Kong version of “colour revolution” in 2019, and neglected that the implementation of the National Security Law has enabled the livelihood and economic activities of the community and the business environment to return to normalcy, the Hong Kong SAR Government pointed out. “This is a clear demonstration of hypocrisy with double standards. In fact, security and development work together like the two wings of a bird. Development requires a safe social environment. “The Hong Kong SAR has fulfilled the constitutional responsibility and historic mission of enacting local legislation for Article 23 of the Basic Law. The newly enacted Safeguarding National Security Ordinance (SNSO) achieves convergence, compatibility and complementarity with the Hong Kong National Security Law (HKNSL).”Together the SNSO and HKNSL form a comprehensive legal system and enforcement mechanism for safeguarding national security. Hong Kong can finally advance from stability to prosperity following the transition from chaos to order, the Hong Kong SAR Government said.It added that extraterritorial effect for the offences endangering national security under the HKNSL and the SNSO fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. “It is both necessary and legitimate, and is also in line with those of other countries and regions around the world including the US, the UK, Australia, Canada and member states of the EU. Police have the responsibility to pursue those who are suspected of committing offences endangering national security outside Hong Kong.” Smearing remarks in the US' report pinpointing custodial and rehabilitation work of Hong Kong is untrue, misleading, irresponsible and absurd, the Hong Kong SAR Government emphasised, noting that the Correctional Services Department (CSD) is committed to ensuring the custodial environment is secure, safe, humane, appropriate and healthy, and has put in place an established mechanism to ensure the rights of persons-in-custody (PICs) are protected. Such rights include regular inspection of independent visitors, namely Justices of the Peace. The CSD performs its duties in accordance with the law and regulations in managing all PICs, regardless of their background, it added. As regard the administration of justice, 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, which is well recognised by international communities, the Hong Kong SAR Government noted. Apart from stressing that the Basic Law clearly stipulates the Judiciary shall exercise judicial power independently in accordance with the law, free from any interference, it specified that everyone charged with a criminal offence has the right to a fair hearing as guaranteed by the Basic Law and the Hong Kong Bill of Rights. The Department of Justice, by virtue of Article 63 of the Basic Law, shall control criminal prosecutions and make independent prosecutorial decisions based on an objective assessment of all admissible evidence and applicable laws, the Hong Kong SAR Government said. The courts decide cases strictly in accordance with the evidence and all applicable laws. Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved, and the prosecution has the burden to prove beyond reasonable doubt the commission of an offence before a defendant may be convicted by the court, it explained.    Regarding rights and freedoms, the Hong Kong SAR Government made it clear that it steadfastly safeguards the rights and freedoms enjoyed by its people as protected under the law, noting that human rights in Hong Kong have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law since its return to the motherland. The HKNSL and the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security in Hong Kong, and the rights and freedoms that Hong Kong residents enjoy under the Basic Law and the provisions of the International Covenant on Civil & Political Rights (ICCPR) and the International Covenant on Economic, Social & Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. The Hong Kong SAR Government indicated that such rights and freedoms include the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration. As is the case with other places in the world, such rights and freedoms are not absolute. The ICCPR expressly states that some of them may be subject to restrictions as prescribed by law that are necessary for protection of national security, public safety, public order or the rights and freedoms of others, etc, the Hong Kong SAR Government added.
20/12/2024
The Social Welfare Department today said it had taken note of further arrests made recently by Police in relation to fraud cases involving Traffic Accident Victims Assistance (TAVA). The department revealed in March that some applicants had submitted false medical certificates for their TAVA applications. After immediate referrals were made to Police, and following a joint investigation, a total of 275 people were arrested last month. The department had earlier referred another batch of suspected cases to Police. This recently led to Police making a further 39 arrests of people suspected of obtaining TAVA payments with false information. The department said it will continue to assist Police in combatting crimes. It stressed that it verifies every TAVA application in a stringent manner, and has enhanced random checks of medical certificates submitted by applicants. If false medical information, fraudulence or other criminal elements are suspected, the department will refer such cases to Police for investigation and recover any overpaid assistance payments from applicants. The TAVA Scheme provides financial assistance to road traffic accident victims or the surviving dependents of deceased traffic accident victims. The department added that on conviction offenders who provide false information to obtain TAVA payments are liable to a maximum of 14 years in imprisonment.
20/12/2024
The Immigration Department estimates that 13.07 million passengers will pass through land, sea and air control points during the Christmas and New Year holiday period. Around 11.06 million of these passengers are expected to pass through land boundary control points (BCPs). The busiest day for outbound traffic is expected to be December 25, when about 595,000 passengers will leave Hong Kong, while inbound traffic is predicted to peak on December 29, when 626,000 passengers are anticipated to arrive in the city. Passenger traffic at the Lo Wu, Lok Ma Chau Spur Line and Shenzhen Bay control points will also be heavy, with daily averages of 235,000, 203,000 and 131,000 forecast. In view of the New Year’s Eve countdown fireworks display, the Hong Kong Special Administrative Region Government has discussed extending service hours at boundary control points on New Year’s Eve with the Shenzhen Municipal Government. The proposal includes extending the passenger clearance service at Shenzhen Bay Control Point overnight, from the usual midnight closure time, and that at Lo Wu Control Point to 2am. Further details will be announced as soon as possible. The Hong Kong-Zhuhai-Macao Bridge and the Lok Ma Chau/Huanggang ports will operate round the clock as usual on New Year’s Eve. To cope with the anticipated heavy traffic, the department has minimised leave for frontline officers to allow flexible deployment and operation of extra clearance counters and kiosks. Additional security guards will also be deployed to provide crowd management support. Furthermore, the department will set up a joint command centre at Lo Wu Control Point together with Police, Customs and the Mass Transit Railway Corporation, and will also establish close communication with Mainland frontier inspection authorities to ensure smooth passenger traffic flows. Travellers are advised to plan their trips in advance and avoid making journeys during busy times. They may check expected busy times at BCPs on the department’s website and monitor estimated waiting times at all land BCPs via its mobile app.

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