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2024
Secretary for Justice Paul Lam, leading a delegation of over 30 representatives from Hong Kong's legal sector, will depart for a three-day visit to Guangzhou and Shenzhen tomorrow. The delegation comprises representatives from the Law Society of Hong Kong and the Hong Kong Bar Association, as well as representatives from local, international and registered foreign law firms, including various non-Chinese lawyers. The group will meet Guangzhou and Shenzhen government representatives to learn more about the latest developments in Guangdong and the Greater Bay Area. They also plan to explore opportunities for further co-operation between the Hong Kong legal sector and Mainland authorities, as well as legal and business sectors of the Mainland. Mr Lam and his delegation will hold discussions with representatives from Guangdong legal and business sectors in Guangzhou and with representatives of Mainland courts and law-related organisations in Shenzhen to discuss various topics of mutual interest and share practical experiences. In addition, they will visit an innovation and technology enterprise's headquarters in Shenzhen and meet its representatives. The Secretary for Justice will return to Hong Kong this Saturday. During his absence, Deputy Secretary for Justice Cheung Kwok-kwan will be Acting Secretary.
The Government will review the eligibility criteria and scope of assistance of the Traffic Accident Victims Assistance (TAVA) Scheme to ensure the scheme’s integrity and proper use of public funds, Secretary for Labour & Welfare Chris Sun told lawmakers today. Mr Sun said through this review, the Government wishes to ensure that traffic accident victims with genuine needs receive timely assistance while at the same time, preventing abuse and severely punishing criminals who commit fraud cases. He noted that Police arrested a number of people suspected of submitting fraudulent TAVA claims using false medical certificates and other methods. These arrests were indeed prompted by suspicious applications identified by Social Welfare Department (SWD) officers during the application vetting process, in accordance with the established working procedures, Mr Sun added. Over the past three years, or from 2022-23 to end-September in 2024-25, the SWD referred a total of 575 suspicious cases to Police for investigation. Among these cases, 275 people were arrested for allegedly providing false medical certificates to the department to fraudulently obtain TAVA payments. To prevent abuse or fraudulent claims of TAVA, the SWD has reviewed its case vetting workflow and increased random checks of medical certificates submitted by applicants pursuant to the risk-based principle. Furthermore, for cases with repeated applications by the same applicant, the SWD will require these applicants to provide more detailed information about the traffic accidents for investigations. The SWD will also analyse whether the traffic accidents concerned share common features or suspicious elements. For applications involving the Interim Maintenance Grant (IMG), depending on the circumstances of each individual case, such as the length of the period for obtaining the IMG, the SWD will check the applicant’s traffic violation records with Police to verify their eligibility for the grant. The SWD will also clearly explain to the applicants that obtaining TAVA payments by deception is a serious criminal offence. Mr Sun added that apart from losing their eligibility for assistance, applicants may also be prosecuted under the Theft Ordinance, and be liable on conviction to a maximum penalty of 14 years’ imprisonment.
The Government announced today that it will publish the Protection of Critical Infrastructures (Computer Systems) Bill in the Gazette on Friday. Critical infrastructures are infrastructures that are necessary for the maintenance of normal functioning of society and the normal life of people. The bill seeks to impose statutory requirements on designated operators of critical infrastructures to ensure that they take appropriate measures to protect their computer systems and minimise the chance of essential services being disrupted or compromised due to cyberattacks, thereby maintaining the normal functioning of Hong Kong society and the normal life of people. The Security Bureau said there are three categories of statutory obligations under the bill, including organisational obligations, preventive obligations, as well as incident reporting and response obligations. Operators of critical infrastructures are required to set up dedicated management units to oversee their computer-system security, and take preventive measures to enhance their resilience against cyberattacks. When a computer-system security incident occurs, the operator shall report it to a corresponding commissioner’s office, and at the same time take its own response measures to restore the systems in accordance with the emergency response plan it submitted. The commissioner’s office may provide timely assistance and take remedial measures to contain the problem and minimise the chance of affecting other critical infrastructures, so as to maintain the normal operations in Hong Kong society and the normal life of citizens. The bureau stressed that the proposed requirements serve to safeguard computer systems that are critical to the core functions of the critical infrastructure, and in no way target personal data and trade secrets. It also emphasised that operators of critical infrastructures to be regulated will be those necessary for the continuous provision of essential services or maintaining critical societal and economic activities in Hong Kong, most of which are large organisations. Small and medium enterprises and the general public will not be regulated. The bureau noted that in drafting the bill, reference has been made to relevant legislations of other jurisdictions in order to establish a regulatory model suitable for Hong Kong. In addition to holding more than 30 consultation sessions, the bureau also consulted the Legislative Council Panel on Security and launched a one-month consultation exercise. On the whole, the stakeholders and society have responded positively to the legislation, it remarked. The Protection of Critical Infrastructures (Computer Systems) Bill will be introduced into the Legislative Council for the first and second readings on December 11.
Secretary for Security Tang Ping-keung will leave Hong Kong on December 5 for a four-day visit to Shanghai and Hangzhou. While in Shanghai, Mr Tang will meet Shanghai Municipal Public Security Bureau leaders and visit the Hongqiao Border Control Point and Shanghai Customs College. On December 7, he will then depart for Hangzhou to meet and exchange views with leaders of the Zhejiang Provincial Public Security Department. Mr Tang will return to Hong Kong on the evening of December 8. During his absence, Under Secretary for Security Michael Cheuk will be Acting Secretary.
The launch ceremony of the Inter-school National Security Knowledge Challenge for this academic year was held today. The competition is jointly organised by the Department of Justice (DoJ), the Security Bureau, the Education Bureau and the Shine Tak Foundation to further promote national security messages for broader and deeper coverage. In a video speech, Chief Executive John Lee said that with the completion of the local legislation for Article 23 of the Basic Law, the newly enacted Safeguarding National Security Ordinance (SNSO) has achieved compatibility and complementarity with the National Security Law (NSL), together forming a comprehensive legal system and enforcement mechanism for safeguarding national security. He expressed hope that through the quiz, students could gain a deeper and correct understanding of the Constitution and the Basic Law, and strengthen their knowledge of the holistic view of national security, the NSL and the SNSO, thereby enhancing their awareness of upholding civic responsibility and obligation to safeguard national security. Officiating at the ceremony, Secretary for Justice Paul Lam said that safeguarding national security is a legal responsibility and it is the duty of all Hong Kong citizens to respect and abide by national security laws. Mr Lam said he is glad that young and energetic students are eager to pursue knowledge of national security and hopes they can stay enthusiastic, keep learning and contribute to building a safe and stable city. The DoJ will continue supporting the rule of law education to rally efforts to safeguard national security, he added. Secretary for Security Tang Ping-keung, also officiating at the ceremony, said that new elements were included in the event this year such as expanding the knowledge content to cover the SNSO, setting up an English section for non-Chinese speaking secondary school students, and arranging for final competitions at a shopping mall. He also said the Security Bureau will enhance publicity and promotion of national security education in the coming year to cultivate the concept of "security brings prosperity" in the community. Secretary for Education Choi Yuk-lin supplemented that the quiz could enhance students' understanding of the rule of law and national affairs as well as their awareness and sense of responsibility to safeguard national security, while reinforcing their sense of patriotism, belonging to and pride towards the country. She expressed gratitude to the schools for their active support for students to participate in the quiz, showing the importance schools have attached to national security education. The quiz comprises primary and secondary school sections as well as an English section for non-Chinese speaking secondary school students. The event attracted more than 126,000 primary and secondary students from 610 schools to take part, an increase of over 20% in participants compared to last year. Nine schools have advanced to the finals scheduled for National Security Education Day on April 15 next year. Highlights of today’s launch ceremony and the challenge will be broadcast at 10.30pm on Sundays starting from December 8 till April 20 next year on the "Our Home Our Country" programme on HOY Infotainment.
A seminar was held to mark Constitution Day today, attended by about 1,000 participants from various sectors of the community. The seminar was jointly hosted by the Hong Kong Special Administrative Region Government and the Liaison Office of the Central People's Government in the Hong Kong SAR to enable the community to have a better understanding of the Constitution, the Basic Law, and the Hong Kong SAR's constitutional basis as laid down by the Constitution and the Basic Law. Speaking at the seminar, Chief Executive John Lee said that in the course of further deepening reform comprehensively, the status of the Constitution as the fundamental law of the country must be upheld, and the provisions, principles and spirit of the Constitution must be firmly safeguarded and implemented to ensure the reforms are heading in the right direction and are carried out correctly and steadily. At the same time, education on the Constitution must be stepped up because only when all people fully understand the content and spirit of the Constitution can a favourable atmosphere of respecting and abiding by the law be created in society, and reforms can move forward steadily while abiding by the rule of law, Mr Lee noted. Addressing the seminar, Liaison Office of the Central People's Government in the Hong Kong SAR Director Zheng Yanxiong said that with the staunch support of the central government, the strong leadership of the Hong Kong SAR Government and the concerted efforts of all sectors of Hong Kong, society remains stable and the city’s economic and social developments experience favourable changes. Hong Kong is entering the best period for striving for economic growth and development at full strength, Mr Zheng added. The full version of the seminar will be uploaded to the Constitutional & Mainland Affairs Bureau website for the public to review. Click here for details of Constitution Day.
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.