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2024
The Government today announced that the old form of smart identity cards issued before November 26, 2018 will be invalidated in two phases in 2025. The measure follows the conclusion of the Territory-wide Identity Card Replacement Exercise on March 3 last year. Phase I of the invalidation exercise will cover old ID card holders born in 1970 or after, whose old cards will become invalid on May 12, 2025. Phase II will cover old ID card holders born in 1969 or before, whose old cards will become invalid on October 12, 2025. The Registration of Persons (Invalidation of Identity Cards) Order 2024 will be published in the Gazette on June 21, and tabled at the Legislative Council for negative vetting on June 26. The invalidation order covers all Hong Kong residents, whether they are permanent residents or non-permanent residents who are permitted to take up employment, make investments, reside or study in Hong Kong. It also involves those who stay at a residential care home, who are eligible for the on-site identity card replacement service. If the old ID cards have not been replaced, they will be invalidated on the specified dates in accordance with the invalidation order. The Immigration Department (ImmD) urges residents still holding old ID cards to make appointments for replacement as soon as possible. Click here for samples of old ID cards and here for samples of new ones. For those who are unable to have their ID cards replaced during the specified call-up periods due to absence from Hong Kong, they should replace their cards within 30 days of their return to the city. Failure to apply for a new ID card within the specified call-up periods without a reasonable excuse is an offence. Offenders may be prosecuted and be liable to a fine of $5,000 upon conviction. The aged, the blind or the infirm who satisfy a registration officer that their personal attendance for registration of Hong Kong ID cards will injure their health or the health of others may, instead of applying for a new ID card replacement, apply for a Certificate of Exemption. The invalidation of old ID cards will not affect the right of abode in Hong Kong of the holders concerned unless he or she has lost permanent resident status under the Immigration Ordinance. Members of the public can apply for replacement of new ID cards at designated registration of persons offices. They may scan the QR codes to download the ImmD mobile application, visit the website, or call the 24-hour telephone booking hotline 2598 0888 to make an appointment for ID card application at these offices. For enquiries, call 2824 6111, send a fax to 2877 7711 or send an email.
The Department of Justice’s (DoJ) Prosecution Division today released an annual report that reviews its prosecution work in 2023. The department said that all prosecutorial decisions made by it are based on the law, the evidence and the Prosecution Code, noting that prosecutors do not consider, and would not be influenced by irrelevant considerations such as political or individual interests, possible media or public reaction and personal feelings or beliefs of the prosecutors. In the Director's Overview of Prosecutions Hong Kong 2023, Director of Public Prosecutions Maggie Yang emphasised the importance of prosecutorial independence and pointed out that Article 63 of the Basic Law stipulates that the DoJ shall control criminal prosecutions free from any interference. The Prosecutions Division's prosecutors will continue to deliver justice with integrity and discharge their entrenched duty with humility and dignity, she added. Apart from setting out the important achievements of the Prosecutions Division in 2023, which include the establishment of a dedicated subdivision specialising in handling technology crime cases, the review gives a detailed account of the key cases handled by its subdivisions.
The Hong Kong Special Administrative Region Government today said it strongly disapproves of and rejects smearing comments made by the US and some western countries regarding the specification of absconders and specific measures applicable against them by the Secretary for Security in accordance with the Safeguarding National Security Ordinance recently. In a statement responding to media enquiries, the Hong Kong SAR Government said the legal framework in safeguarding national security in the city is fully in compliance with the international standard for the protection of human rights. It added that individuals endangering national security often abscond overseas to evade criminal liability, and continue to endanger national security through various means. The specified measures aim at addressing, combating, deterring and preventing acts of abscondment, and procuring the return of absconded persons to Hong Kong to face law enforcement and judicial proceedings, the statement explained. It also pointed out that people with ulterior motives in the US and some western countries deliberately smeared and spread irresponsible remarks in an attempt to mislead the public, and the Hong Kong SAR Government strongly disapproves of such acts. Absconders should not think they can evade criminal liability by absconding from Hong Kong and they will ultimately be liable for their acts constituting serious offences endangering national security and be sanctioned by the law. The measures under section 96 of the Safeguarding National Security Ordinance seek to regard an absconder’s Hong Kong SAR passport as being cancelled and the application for a Hong Kong SAR passport by the absconder as being invalid. All specified measures align with human rights requirements and quite a number of countries, including the US, the UK and Canada, would also impose such measures on wanted criminals. It is a demonstration of hypocrisy with double standards by any external forces or people with ulterior motives that, after the Hong Kong SAR Government has announced the relevant measures, attack the city in safeguarding national security dutifully, faithfully and in accordance with the law. The Constitution and the Basic Law steadfastly safeguard the rights and freedoms enjoyed by Hong Kong people. Any attempt by foreign countries or external forces to undermine Hong Kong's situation will only expose their own weakness and faulty arguments and be doomed to fail. The Hong Kong SAR Government will continue to unwaveringly discharge its duty in safeguarding national security.
The Department of Justice (DoJ) and the Supreme People’s Court today signed a memorandum of understanding (MOU) on establishing a standing interface platform on judicial and legal co-operation in the Greater Bay Area (GBA). The MOU was signed by Deputy Secretary for Justice Cheung Kwok-kwan and Supreme People’s Court Research Office Director General Zhou Jiahai in Beijing. The standing interface platform serves as a regular and institutionalised high-level official communication mechanism for deepening exchanges and co-operation, and taking forward the work on the interfaces of mechanisms, regulatory frameworks and talent. Before the MOU was signed, Supreme People’s Court Executive Vice-President Deng Xiuming met Mr Cheung and his delegation. The establishment of the interface platform is one of the policy initiatives in The Chief Executive’s 2023 Policy Address. It is also an important measure in the DoJ’s Action Plan on the Construction of Rule of Law in the Greater Bay Area for strengthening the interface of the communication mechanism between the Mainland and Hong Kong. The two sides reached an agreement on various fronts to enhance the advantages of the GBA development, including the establishment of a standing interface mechanism to deepen the judicial and legal interface of regulatory frameworks in the GBA, thereby enhancing the cross-boundary multifaceted dispute resolution mechanism. They also agreed to strengthen exchanges and co-operation in the training of foreign-related legal talent, and conduct regular exchanges and visits of relevant officers. Under the interface platform’s framework, both sides will convene high-level joint meetings at least once a year to set the next stage’s work priorities, jointly prepare the work plans and programmes, and notify each other on a regular basis. Mr Cheung said that the standing interface platform would enable the two sides to advance closer and smoother practical and research work on judicial and legal matters relating to the bay area, and better utilise the unique advantages of GBA’s “one country, two systems and three jurisdictions”. The ultimate purpose of the interface platform is to consolidate Hong Kong’s status as a centre for international legal and dispute resolution services in the Asia-Pacific region, serving the country’s high-quality development as well as the construction of the rule of law in the GBA, he added.
The Hong Kong Special Administrative Region Government said it strongly disapproves of and rejects the unfounded and biased content targeting Hong Kong’s safeguarding of national security, human rights etc in a so-called annual report on Hong Kong issued by the European Commission and the High Representative of the European Union (EU) for Foreign Affairs & Security Policy. In a press statement, it also urged the EU to discern facts from fallacies, respect the international law and basic norms governing international relations, and stop interfering in Hong Kong matters which are China’s internal affairs. The Hong Kong SAR Government pointed out that since the implementation of the National Security Law (NSL), the EU has ignored the large-scale and incessant riots that occurred in 2019 in Hong Kong, and has attacked Hong Kong in safeguarding national security dutifully, faithfully and in accordance with the law through the so-called report. It has also deliberately neglected the fact that the NSL has enabled the livelihood and economic activities of the Hong Kong community, and the business environment as well, to return to normalcy. The EU has demonstrated hypocrisy with double standards, the Hong Kong SAR Government said. In fact, early this year, a survey conducted by a major foreign chamber of commerce reflected that nearly 80% of its members interviewed had confidence in the rule of law in Hong Kong, and nearly 70% of them also indicated that the operation of their enterprises had not been affected by the relevant laws, the Hong Kong SAR Government pointed out. It also made it clear that extraterritorial effect for the offences endangering national security under the NSL fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. The Hong Kong SAR Government specified that Hong Kong Police are duty bound to pursue those who have allegedly committed offences under the NSL outside Hong Kong and the action is fully justified. As an example it stated that after fleeing overseas, the people on the wanted list allegedly continued to commit offences under the NSL. Furthermore, it stressed that the EU must immediately act reasonably and sensibly, and stop smearing the laws safeguarding national security in the Hong Kong SAR. Emphasising that the rule of law in Hong Kong is strong and will not change, the Hong Kong SAR Government said that all prosecutorial decisions are based on an objective analysis of all admissible evidence and applicable laws, and everyone charged with a criminal offence has the right to a fair hearing. In addition, the right to choice of lawyers is protected by the Basic Law, and it is well-established by case law that such a choice means a right to choose lawyers who are available and entitled to practise in Hong Kong, and not overseas lawyers who are not qualified to practise generally in Hong Kong. The Hong Kong SAR Government explained that the amendment to the Legal Practitioners Ordinance was introduced in 2023 with a view to addressing the potential national security risks associated with the participation in national security cases by overseas lawyers who are not qualified to practise generally in Hong Kong, and implementing the interpretation by the Standing Committee of the National People’s Congress of Articles 14 and 47 of the NSL. It underescored that all defendants receive a fair trial strictly in accordance with laws applicable to Hong Kong, and convicted defendants have the right to appeal both conviction and sentence under the law. Moreover, it reiterated that any attempt by foreign countries or external forces to undermine Hong Kong’s prosperity and stability by slandering the city’s situation will only expose their own weakness and faulty arguments and be doomed to fail. The Hong Kong SAR Government elucidated the point that it will continue to discharge its duty, in adherence to the principle of the rule of law, to steadfastly ensure the successful implementation of “one country, two systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy. What’s more, it stated that it will continue to create strong impetus for growth at full steam, forge a better integration of a capable government and an efficient market, and proactively compete for enterprises and talent to strengthen the city’s competitiveness. The Hong Kong SAR Government added that will take the city’s economic development to new heights, so as to better serve Hong Kong citizens and foster the city’s development.
Deputy Secretary for Justice Cheung Kwok-kwan began his visit to Beijing by calling on various authorities and organisations, and meeting senior officials of the ministries and authorities to exchange views on various issues. The issues they discussed included the construction of rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) and nurturing foreign-related legal talent. This morning, Mr Cheung met National People's Congress Standing Committee Legislative Affairs Commission Deputy Director Wang Ruihe to introduce to him the Department of Justice's (DoJ) work on promoting the rule of law education including the Constitution, the Basic Law, and the legal mechanism for safeguarding national security. They also had in-depth exchanges on matters such as the taking forward of the extension of the measures of allowing Hong Kong-invested enterprises to adopt Hong Kong law and to choose Hong Kong as the seat of arbitration to the nine Mainland cities of the GBA. Mr Cheung then called on CPC Central Committee Hong Kong & Macao Work Office Director and State Council Hong Kong & Macao Affairs Office Director Xia Baolong to brief him on the latest developments of the DoJ's work including establishing the Hong Kong International Legal Talents Training Academy, developing Hong Kong as a centre for international legal and dispute resolution services in the Asia-Pacific region, and promoting the construction of rule of law in the bay area. Mr Xia fully recognised the important role played by the DoJ in fully and faithfully implementing the "one country, two systems" principle, steadfastly safeguarding national security, enhancing the rule of law in Hong Kong, and protecting the promotion of the long-term prosperity and stability of the city. He also pointed out that the central authorities firmly support Hong Kong to maintain the common law system, to improve the city’s judicial system and legal system, to establish itself as a centre for international legal and dispute resolution services in the Asia-Pacific region and to develop into a regional intellectual property trading centre. Mr Xia stressed that the golden reputation of Hong Kong's rule of law is built and maintained by all members of the judicial and legal sectors in Hong Kong, including judges at different levels of courts. The central authorities will firmly defend the dignity of rule of law and the judges in Hong Kong, unwaveringly support Hong Kong courts to exercise judicial power independently according to the law, and steadfastly safeguard the lawful rights of Hong Kong judges and judicial officers, he said. In addition to thanking Mr Xia for such recognition and support, the Deputy Secretary for Justice made it clear that the DoJ would continue to fully, faithfully, and resolutely implement the policy of "one country, two systems", and spare no effort in promoting and consolidating Hong Kong's status as a centre for international legal and dispute resolution services in the Asia-Pacific region. In the afternoon, Mr Cheung visited the Supreme People's Court and met its Executive Vice-president Deng Xiuming to discuss issues such as enhancing the arrangement for service of judicial documents between the two places. On behalf of the DOJ, he signed a memorandum of understanding with the court on establishing a standing interface platform on judicial and legal co-operation in the GBA. Mr Cheung also visited the Smart Court Laboratory. During his visit to the Peking University Law School, apart from meeting Dean of Law School Prof Guo Li to explore the strengthening of co-operation on nurturing foreign-related legal talent for the country, Mr Cheung toured the school’s law library. After arriving in Beijing yesterday, Mr Cheung met General Administration of Sport of China Department of Policies & Regulations Director General Chu Bo to enhance understanding of the work of the China Commission of Arbitration for Sport, and explore co-operation opportunities between the two places on promoting sports dispute resolution. He then called on China Council for the Promotion of International Trade Vice Chairman Yu Jianlong to discuss issues that pertain to enhancing co-operation and the nurturing of talent between the two places in commercial mediation.
The Secretary for Security today exercised the powers conferred by the Safeguarding National Security Ordinance to specify six individuals who have absconded to the UK and are subject to warrants of arrest on suspicion of having committed offences endangering national security, and describe the measures to be applied against such absconders by notices published in the Government Gazette. The specified absconders include six men, namely Law Kwun-chung, Mung Siu-tat, Lau Cho-dik, Cheng Man-kit, Fok Ka-chi and Choi Ming-da. The bureau said that since these individuals continue to engage in acts and activities endangering national security after they absconded to the UK, Police applied to the court for the arrest warrants in accordance with the law and put them on the wanted list in July 2023 and December 2023 respectively. The following four measures, “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”, are applicable to all six absconders. In addition, other measures, such as the “suspension of qualification to practise”, is applicable to Fok Ka-chi, while “temporary removal from office of director” is applicable to Mung Siu-tat and Choi Ming-da. The Hong Kong SAR Government stressed that the wanted people are hiding in the UK and continue to blatantly engage in activities that endanger national security. It added that they make scaremongering remarks to smear and slander the Hong Kong SAR, and even collude with external forces to protect their evil deeds. Separately, 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.
(To watch the full media session with sign language interpretation, click here.) Noting that the Government has expressed its strong disagreement with the personal opinions on the rule of law and independent judicial power of Hong Kong made by Lord Sumption who recently resigned as a non-permanent judge, Chief Executive John Lee supplemented that judges’ professional expertise is not on politics. In a statement, the Government pointed out that there is absolutely no truth that Hong Kong courts are under any political pressure from the central authorities or the Hong Kong Special Administrative Region Government in the adjudication of national security cases or indeed any case of any nature; or that there is any decline in the rule of law in Hong Kong. At a media session ahead of today's Executive Council meeting, Mr Lee said: “A judge is entitled to his personal political preferences, but that is not a judge’s area or professional expertise. “A judge can like a particular system or dislike it. He may also like a particular law or not, but his professional duty is to interpret and apply that particular piece of law in accordance with legal principles and evidence.” The Chief Executive recalled that in 2021, Lord Sumption refused to take part in a political boycott orchestrated in the UK and he said then that people should not confuse the rule of law with democracy. Lord Sumption also said there was no democracy during British rule in Hong Kong, but the rule of law was maintained at that time by judges deciding on cases according to the law and evidence. Mr Lee pointed out: “Lord Sumption’s latest statement indicates that he does not like the political situation in Hong Kong, but this is exactly the area he has told us in 2021 that should not be confused with the rule of law. His recent statement looks to me to be contradictory to his previous stance in this regard.” The Chief Executive stated that the Government has never, and will not allow anyone to interfere with the prosecutions of the Department of Justice and trials by the court. “The court has always exercised its independent judicial power without any interference. This is how it was in the past, how it is at present, and how it will be in future. The rule of law in Hong Kong is strong and will not change.” As for those UK officials and politicians who try to weaponise the UK’s judicial influence to target China and the Hong Kong SAR, Mr Lee stressed: “We should not allow it to happen. We shall protect judges, all round, from these undue interferences.”
Deputy Secretary for Justice Cheung Kwok-kwan will depart for Beijing tomorrow for a three-day visit. Mr Cheung will call on the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPCSC) and the Committee for the Basic Law of the Hong Kong Special Administrative Region of the NPCSC, the Supreme People's Court, the Hong Kong & Macao Affairs Office of the State Council, the Ministry of Justice and the General Administration of Sport of China. They will discuss issues including promoting Hong Kong as a centre for international legal and dispute resolution services in the Asia-Pacific region, taking forward the construction of rule of law in the Guangdong-Hong Kong-Macao Greater Bay Area and contributing to the country's high-quality development. Mr Cheung will also visit the Commercial Legal Service Center of the China Council for the Promotion of International Trade and Peking University Law School to strengthen co-operation with them.
Delegations of the Hong Kong Special Administrative Region and the Shenzhen Municipal Government today held a task force meeting on the collaboration for the planning and development of Hong Kong-Shenzhen control points. The meeting was held at the Shenzhen Office of Port of Entry & Exit this afternoon to continue taking forward the relevant work in the planning and development of boundary control points (BCPs). Leading the Hong Kong SAR delegation, Secretary for Security Tang Ping-keung said Hong Kong and Shenzhen have been maintaining close exchanges in actively taking forward relevant projects of BCPs since the last task force meeting held at the Hong Kong SAR Central Government Offices. Mr Tang thanked Shenzhen for its meticulous arrangements for the team to visit the redevelopment site at the Huanggang BCP to learn about the latest progress. The two delegations discussed the development of land BCPs, including reporting on progress and exchanging views on the redevelopment projects of BCPs in Huanggang and Sha Tau Kok. Concluding the meeting, Mr Tang expressed hope that the BCPs of Hong Kong and Shenzhen could continue their close co-operation to facilitate the flow of people and integration of the two sides, and that Hong Kong and Shenzhen could work together to explore more development opportunities. Other Hong Kong SAR Government officials attending the meeting were representatives from the Transport & Logistics Bureau, the Northern Metropolis Co-ordination Office, Customs, the Immigration Department, the Architectural Services Department, the Planning Department and the Transport Department.