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2024
Three pieces of subsidiary legislation related to places of detention for immigration detainees will be gazetted on April 5. They are the Immigration (Places of Detention) (Amendment) Order 2024, the Immigration Service (Designated Places) (Amendment) Order 2024 and the Immigration Service (Treatment of Detained Persons) (Amendment) Order 2024. Following the completion of construction of the new Immigration Headquarters in Tseung Kwan O in the third quarter of 2023, relevant offices and facilities are being relocated in phases to the new headquarters in 2024. The new headquarters will provide a detention centre, which will replace the existing Ma Tau Kok Detention Centre located at the Ma Tau Kok Road Government Offices. As with the current Ma Tau Kok centre, the new detention centre will be used for short-term detention of immigration offenders pending inquiry, prosecution, court hearing or transfer to other detention facilities. Moreover, following the completion of ongoing development at Hong Kong International Airport, additional detention quarters will be set up by the Immigration Department at the airport for short-term detention of people pending examination, inquiry, a decision to give or refuse permission to land, or removal from Hong Kong after permission to land is refused. In order to include the above new detention centre/quarters as places of detention, the Government needs to amend the relevant Schedule to the Immigration (Places of Detention) Order and the Immigration Service (Designated Places) Order. The Schedule to the Immigration Service (Treatment of Detained Persons) Order will also be amended to include the detention centre at the new headquarters. As the Ma Tau Kok centre will cease operations when the detention centre at the new headquarters begins operations, the Government will also take the opportunity to repeal the references to the Ma Tau Kok centre in the three pieces of subsidiary legislation at the end of this year. The three pieces of subsidiary legislation will be tabled at the Legislative Council for negative vetting on April 10 and are expected to take effect on May 31. Repeal of references to the Ma Tau Kok centre is expected to start on December 2.
The Working Group on the Greater Bay Area (GBA) Mediation Platform published the Guangdong-Hong Kong-Macao Greater Bay Area Mediator Accreditation Rules (Hong Kong Special Administrative Region) today. Under the rules, an applicant who wishes to apply for accreditation as a GBA Mediator through Hong Kong must fulfil specific requirements, including upholding the Constitution of the People’s Republic of China (PRC), the Basic Law of the Hong Kong SAR of the PRC, the Basic Law of the Macao SAR of the PRC, and “one country, two systems”. The applicant should also complete the designated GBA Mediator Training Course successfully; complete mediation in at least five cases; possess at least five years' work experience, with at least three years as a mediator as well as have good professional ethics with no record of being reprimanded or disciplined for disrepute or professional misconduct. Comprising representatives from the legal departments of Guangdong Province, the Hong Kong SAR and the Macao SAR, the working group earlier discussed the respective local accreditation rules in each of the three places and decided to publish the rules today. The Department of Justice of Hong Kong formulated the rules applicable to the accreditation through Hong Kong, based on the requirements of the Guangdong-Hong Kong-Macao Greater Bay Area Mediator Accreditation Standards.
The Government has provided Christian Zheng Sheng College with over $1 million in emergency relief from the Beat Drugs Fund to meet the school’s imminent needs and tide it over difficult times. The Security Bureau’s Narcotics Division made the statement today in response to media enquiries about Zheng Sheng College calling for help from the Government as it is running out of financial resources essential to its teachers and students. It said the emergency funding aims to prevent the school’s operation from being affected by the behaviours of certain wanted individuals. It pointed out that the board members of Christian Zheng Sheng Association have been under police investigation for a while. A number of wanted board members, including founder Lam Hay-sing and Zheng Sheng College principal Alman Chan, are still at large. The operation of the school has all along relied on funding from Zheng Sheng Association. Despite multiple requests from the Government and Zheng Sheng College, Lam Hay-sing did not transfer funds to the college from the bank account of Zheng Sheng Association. As a result, the school does not have enough money to take care of its teachers and students. The Government has all along placed the welfare of the college's teachers and students as a top priority. To prevent them from being affected, including the seven students who will sit for public examinations, the Government has taken the initiative to swiftly allocate relief funds to tide the school over these difficult times. The Narcotics Division said Lam Hay-sing has been using different excuses to prevent the funds in the association's bank account from being transferred to the college for maintaining its daily operation, let alone for restructuring the board to completely resolve the fund transfer issue. It strongly condemns the disreputable and selfish acts of these wanted people. “We appeal to them not to put their selfishness and personal benefits above the welfare of the teachers and students of Zheng Sheng College, and not to squander the goodwill of the people who donated to Zheng Sheng Association. “We urge them to abide by law, return to Hong Kong soon and make amends.”
The Education Bureau today called on the public to stay vigilant against a fraudulent WhatsApp message that falsely claims to be issued by school personnel and requests parents to transfer a tuition fee to apply for the Gifted Education Fund: Off-school Advanced Learning Programmes. The case has been reported to Police. All Gifted Education Fund: Off-school Advanced Learning Programmes for primary and secondary school students are free of charge, and registration must be made through the bureau's designated programme providers. Citizens are advised to stay alert to suspicious messages and not disclose personal information or transfer any fees. Anyone who has been scammed should contact Police immediately. For enquiries, call the bureau at 3698 3486.
The Customs & Excise Department detected a total of 19,120 cases in 2023, a 1.7-fold increase from the 2022 figure. Commissioner of Customs & Excise Louise Ho announced the figures during a press conference today to review the department’s work last year. Among the cases detected, about 62% were related to illicit cigarettes, followed by cases related to dangerous drugs and intellectual property rights infringement. Ms Ho pointed out that the number of illicit cigarette cases in 2023 increased 2.4-fold to 11,805 cases from 2022, with 652 million cigarettes seized, representing an 11% drop year-on-year. This was due to the bounce back of cross-boundary passenger and vehicle trips following the full resumption of normal travel between the Mainland and Hong Kong early last year, the increased duty on cigarettes announced in the Budget as well as the enhanced enforcement actions against visitors bringing in excessive quantities of duty-free cigarettes and the selling and buying of illicit cigarette activities in the city, she explained. Ms Ho also noted that the department detected 1,362 drug cases in 2023, a 46% increase compared to the previous year. A total seizure of about 9.5 tonnes of drugs was made, representing a surge of 37% from 2022. In addition, Customs detected 703 intellectual property rights infringement cases last year, representing an annual increase of 34%. The seizure value of infringing items rose 60% to around $288 million as compared to 2022's figure. Meanwhile, a total of 221 smuggling cases were detected last year, a 2% drop on 2022, with the total seizure value increasing 1.4-fold to $3.165 billion. Ms Ho also outlined the department’s work to facilitate trade and clearance, adding that a dedicated express route for air and land fresh and live products is expected to be launched in the second quarter of this year to facilitate the export of high-quality food from the Mainland to overseas markets, as well as introducing fresh products from other places into the Mainland. She revealed that the Guangdong-Hong Kong-Macao Customs Clearance Information Platform will be launched in the first half of this year, to provide a one-stop service for travellers and the transportation industry in the three places. As regards to human resources, Ms Ho said about 90 customs inspectors and 200 customs officers will be recruited this year.
(To watch the full media session with sign language interpretation, click here.) Chief Executive John Lee said today that the Government will continue to explain to both local and overseas business sectors that the Safeguarding National Security Ordinance will create stability and security. Answering questions from reporters ahead of the Executive Council meeting this morning, Mr Lee highlighted that attacks from overseas on the ordinance have continued. “As regard the overseas attacks against the Safeguarding National Security Ordinance, which has come into effect on March 23, we know that a lot of overseas politicians and organisations, because of their own political interests and purposes, they will continue to attack Hong Kong. “They will continue to attack our law despite the very fact that their own countries have more stringent laws, more wide-ranging laws, and more embracing laws to deal with national security offences. And some countries actually have much harsher laws to protect their own national security. “A lot of them turn a blind eye to what we have done, when we have so confidently and openly written the protection and safeguarding of human rights and freedoms into our law, which may not be the case in their own countries’ laws. “In recent cases, we have seen evidence to indicate overseas politicians have been actively interfering in Hong Kong affairs. The motives of these people are very clear. But we will ensure that we will continue to explain the merit of our Safeguarding National Security Ordinance, which, on the one hand, is a defensive law to protect our own interests, so that people do not dare to think about breaking into our house to cause harm to our family members, and harm our national security.” The Chief Executive stressed that the Government has been putting effort into ensuring the community, in particular the business sector, is well informed about the advantages of the ordinance. “And we will ensure that we inform the community at large, both locally and overseas, that we have stringent safeguards in place to protect human rights and freedoms, which align with the international standards as described in the International Covenant on Civil & Political Rights and the International Covenant on Economic, Social & Cultural Rights. “We will, of course, talk to people in the business sector. We have been doing a lot of briefing sessions to chambers of commerce, both locally and chambers of foreign countries that are stationed in Hong Kong. “We will, of course, during our visits to overseas countries, continue to inform the business sector about the advantage of this law, which is to create stability and security, without which no investments can ever hope to thrive. With stability and security, then prosperity may come.”
In support of National Security Education Day, on April 15, the Fire Services Department will organise an open day at the Fire & Ambulance Services Academy in Tseung Kwan O on April 14. Citizens can apply for admission tickets from today until March 27. Activities will include an introduction to the department's efforts in safeguarding national security, a fire appliances parade, firefighting and rescue demonstrations, and displays of training facilities, equipment and special vehicles. It will also feature an exhibition on fire safety education, game booths, a recruitment experience area, as well as a demonstration involving Fire Services working dogs. The Fire & Ambulance Services Education Centre & Museum will also be open to the public on the day. The open day will be held from 8.45am to 4pm. People can apply for a maximum of four admission tickets until March 27 by using the latest version of the Fire Services Department Mobile Application, which can be downloaded from the Apple App Store, Google Play and Huawei AppGallery for free. Tickets will be allocated by computer ballot and successful applicants will receive a notification through the mobile app on April 2. Children aged three or below do not require a ticket. Call 2411 8773 for enquiries.
Chief Executive John Lee has accepted the Judicial Officers Recommendation Commission (JORC)’s recommendation that James Leslie Bain Allsop be appointed as a non-permanent judge of the Court of Final Appeal. Subject to the Legislative Council’s endorsement, the Chief Executive will make the appointment under Article 88 of the Basic Law. Mr Lee said: "I am pleased to accept the JORC's recommendation on the appointment of Mr Allsop as a non-permanent judge from another common law jurisdiction of the Court of Final Appeal. “Mr Allsop is a judge of eminent standing and reputation. I am confident he will greatly contribute to the Court of Final Appeal.” Mr Lee noted that with Mr Allsop’s appointment, the panel of non-permanent judges from other common law jurisdictions will consist of 10 eminent judges from the UK, Australia and Canada. “The presence of these esteemed jurists manifests the exercise of judicial power independently by the Judiciary in the Hong Kong Special Administrative Region as protected by the Basic Law. “It also helps maintain a high degree of confidence in the Hong Kong SAR's judicial system, and enables Hong Kong to maintain strong links with other common law jurisdictions.” The Chief Executive expressed confidence that having distinguished jurists from overseas with profound judicial experience will continue to be a unique strength of the city's judicial system. Article 90 of the Basic Law provides that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of judges of the Court of Final Appeal. The Government will seek such an endorsement in due course.
The Security Bureau today strongly condemned the unfounded and biased remarks made by US Secretary of State Antony Blinken, which deliberately misled the public and smeared the Safeguarding National Security Ordinance. The bureau issued a statement to set the record straight, adding that it is incontrovertible that safeguarding national security will provide a better business environment for businesses operating in Hong Kong. Secretary for Security Tang Ping-keung pointed out in the statement that Mr Blinken once again targeted the Hong Kong Special Administrative Region Government's work on safeguarding national security and made slandering, smearing, misleading and erroneous remarks against the ordinance, showing his despicable political manoeuvre and hypocrisy with double standards. Mr Tang made it clear that, as a matter of fact, during the public consultation of the Basic Law Article 23 legislation, 98.6% of the submissions of opinions showed support and gave positive comments, reflecting a strong consensus in society for the legislation, and it is also the people’s aspiration. He said: “The offences endangering national security stipulated by the ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. The prosecution has the burden to prove beyond reasonable doubt that the defendant has the actus reus and mens rea of an offence before the defendant may be convicted by the court. “The ordinance will not affect normal business operations and normal worldwide exchanges of local institutions, organisations and individuals. Law-abiding persons, including US businessmen and enterprises in Hong Kong and US travellers visiting Hong Kong, will not engage in acts and activities endangering our national security and will not unwittingly violate the law.” The security chief added that extraterritorial effect for the offences endangering national security under the ordinance 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. It can be seen that the national security laws of various countries, including the US, UK, Australia, Canada and the European Union member states, also have extraterritorial effect under the 'personality principle' and the 'protective principle'. In formulating the extraterritorial effect under the ordinance, we have taken into account the principles of international law and international practice of state jurisdiction as well as the nature of the offences.” Mr Tang also pointed out that the ordinance clearly specifies that the rights and freedoms enshrined in the Basic Law as well as the provisions of the International Covenant on Civil & Political Rights and the International Covenant on Economic, Social & Cultural Rights as applied to Hong Kong, are to be protected in accordance with the law. “Mr Blinken neglected the relevant provision and lashed out wantonly, fully exposing his malicious intentions,” he added. The security chief stressed that following the ordinance’s successful enactment, the shortcomings in the legal system and enforcement mechanisms for the Hong Kong SAR to safeguard national security are addressed. “We must once again emphasise that the ordinance is a piece of legislation to defend against external forces that endanger our national security, acting like a sturdier door and a more effective door lock to defend our home. The Hong Kong SAR Government strongly urges these foreign governments with ulterior motives to stop smearing and interfering in Hong Kong affairs which are internal affairs of China. It is incumbent upon foreign governments to ensure that their remarks concerning the ordinance are fair and just, and stop making scaremongering remarks.” The Hong Kong SAR Government will continue to safeguard national security fearlessly, so that it can focus its efforts on developing the economy, improving people's livelihood and maintaining the long-term prosperity and stability of Hong Kong, the statement added.
Mr President, Legislation on Article 23 of the Basic Law has just been passed by Hong Kong’s legislature, to discharge Hong Kong’s long overdue constitutional duty to enact laws on its own to safeguard national security. First and foremost, each and every sovereign state has an inherent right to enact laws to safeguard its national security, including China. Many countries have enacted a host of national security laws based on their own national security risks and needs. The US has at least 21 pieces of legislation; the UK has at least 14 pieces; Canada has at least 9 pieces; and Singapore has at least 6 pieces. The Basic Law Article 23 legislation will better protect our country from genuine threats to national security in the increasingly intricate geopolitics of our time. The legislation fully aligns with the principles of international laws and practices. The comments by some countries and organisations on this are made in complete disregard of basic jurisprudence and facts, and demonstrate nothing more than double standards and sophistry. Second, the legislation clearly specifies that the rights and freedoms enshrined in the Basic Law, as well as the provisions of the International Covenant on Civil & Political Rights and the International Covenant on Economic, Social & Cultural Rights as applied to Hong Kong, are to be protected in accordance with the law. This important principle forms a cornerstone of the legislation, and is literally written in the new law. Our new legislation also strictly adheres to the principles of rule of law. The laws are certain and clear, and they come with appropriate exceptions and defences. There is no question that the general public will inadvertently violate the law. Last but not least, the legislative exercise has gained very wide support from the Hong Kong community. Mr President, any attempt to discredit or undermine the legislation on Article 23 is misguided at best. We are confident that the legislation will bring about a stable and prosperous future for Hong Kong with the rights and freedoms enjoyed in accordance with the law fully protected, as always. Thank you. Deputy Secretary for Justice Cheung Kwok-kwan delivered this speech on the Basic Law Article 23 legislation at the 55th regular session of the United Nations Human Rights Council in Geneva, Switzerland on March 20. Joining him for the meeting were representatives of the Department of Justice, the Security Bureau and the Constitutional and Mainland Affairs Bureau. The Hong Kong Special Administrative Region Government officials attended the meeting as members of China’s delegation.