View vaccines scientifically: CE

Hong Kong has entered the second year of the fight against COVID-19. In the past month, we were delighted to see two positive developments. First, after more than three months of arduous efforts, the latest wave of epidemic that began in late November last year has apparently eased. This has enabled us to relax the social distancing measures to a limited extent after the Lunar New Year holiday. Schools are allowed to resume face-to-face classes gradually, and economic activities and people’s daily lives are returning to normal steadily. Second, the government vaccination programme has started right after the arrival of the first batch of COVID-19 vaccines which has been approved for emergency use in Hong Kong in accordance with the law. We will continue to work tirelessly to strengthen testing and trace the close contacts of confirmed cases with a view to cutting the virus transmission chains and achieving the goal of zero infections, and to get Hong Kong out of the epidemic through widespread vaccination.

 

How the epidemic has developed

The latest wave of epidemic that began in late November, after reaching its two peaks in mid-December and mid-January, has subsided since late January. Recently, the number of daily new cases has already come down to single digits or low double digits. Like many citizens, we are relieved that the epidemic situation has eased.

 

However, it must be noted that single-digit local cases with unknown sources are still reported every day, indicating that there are still undetected infections in the community. Social gatherings during the Lunar New Year and the relaxation of social distancing measures since the seventh day of the Lunar New Year have also brought certain risks, such as the emergence of infections in a restaurant involving at least 30 confirmed cases recently. Therefore, we must stress that now is not the time to drop our guard. The Government has to remain vigilant, whether in preventing the importation of cases or curbing the spread of the virus in the community. Yet, compared to a year ago, our anti-epidemic capability, whether in virus testing, quarantine and treatment facilities, manpower for case tracing, technology application, etc, has been significantly enhanced.

 

Anti-epidemic efforts 

The epidemic has been gradually brought under control since late January. This can be partly attributed to the Government’s continuous efforts in stepping up testing. At present, as long as one or more new confirmed cases are found in a residential building (including buildings for both commercial and residential uses) in any district in Hong Kong, or there are sewage samples tested positive which implies possible infection risks, the building will be included in the compulsory testing notice. Since February 1, more than 200 buildings or premises have been included in the compulsory testing notice. Apart from this, intensive restriction-testing declaration operations were conducted between January 23 and February 10, where people within a specified restricted area were required to stay in their premises and undergo compulsory testing within a specified time frame by a declaration made under the law. During the above period, the Government mobilised civil servants, including those from disciplinary forces and clerical staff members, from over 40 government bureaus and departments. A total of 26 operations were conducted, during which some 25,000 people were tested and 20 confirmed cases were identified. Throughout the process, the relevant departments kept improving the flow of operation by consolidating the experience gained, making it possible for the operation to start in the evening and end in the morning, thereby minimising the impact on residents within the restricted area.

 

As social distancing measures have been suitably relaxed after the Lunar New Year, the Government requires staff of catering businesses and specific premises to undergo regular testing to protect themselves and their customers. Some sectors also voluntarily require their workers to take the tests. For example, the Construction Industry Council and the Hong Kong Construction Association require all site staff to present proof of a negative virus test result when entering the construction sites for work. With the Government’s measures and the support and co-operation of various sectors, the average number of tests conducted in Hong Kong per day exceeds 70,000 in February, 70% more than that of January.

 

In addition, to facilitate tracing of close contacts of confirmed cases, the Government requires people entering government premises or specified premises to use the LeaveHomeSafe mobile app. The app does not require user registration, nor does it have any tracking functions. It will not keep user data in any government or other systems and poses no privacy risk to users. We would like to thank members of the public for their support and co-operation. So far, the app has been downloaded three million times and, as a matter of fact, no privacy issue has arisen.

 

As for violations of anti-epidemic requirements, various government departments have taken strict enforcement actions against offenders. One of the scheduled premises has been ordered to suspend business for 14 days for violating the requirements on measuring body temperature and displaying the LeaveHomeSafe QR code, and the people concerned have been prosecuted. Moreover, more than a hundred people have been fined a fixed penalty of $5,000 for violating the compulsory testing requirement. It is not difficult, and is our civic duty, to comply with the anti-epidemic measures. I urge members of the public not to defy the law.

 

The major measures introduced are set out below chronologically:

 

Date

Event

February 1

The Government comprehensively stepped up measures on testing and tracing of close contacts, including covering a building in the compulsory testing notice if one or more new confirmed cases with unknown sources are found in the building, or there are sewage samples tested positive; conducting more restriction-testing declaration operations; lowering the threshold for compulsory testing for workplaces; and adopting two-tier tracing (ie apart from tracing the close contacts of confirmed cases and putting them under quarantine, the household members of close contacts will also be traced).

February 3

The Government announced that all kindergartens, primary and secondary schools as well as tutorial schools could arrange more students to return to campuses after their Lunar New Year holidays, with the number of students capped at one-third of the total number of students of the schools. If schools can arrange all teachers and staff to undergo regular virus testing once every two weeks, they will have the condition to fully resume half-day face-to-face classes.

February 4

The Government launched a pilot scheme, under which government employees and members of the public are required to use the LeaveHomeSafe mobile app when entering some government buildings or offices, including the Central Government Offices. The requirement will be extended to all government buildings and offices from March 1.

February 6

The Government further tightened the threshold for compulsory testing. In all districts in Hong Kong, if one or more new confirmed cases are found in a residential building (including buildings for both commercial and residential uses), or there are sewage samples tested positive, the building will be included in the compulsory testing notice.

February 18

Government departments fully resumed normal public services. Social distancing measures were also relaxed subject to conditions, including allowing certain premises to resume operation to a limited extent and extending the dine-in service hours of catering businesses to 10pm with a maximum of four people per table. Meanwhile, all staff of such premises or businesses have to undergo virus testing on a regular basis and patrons have to use the LeaveHomeSafe app.

February 18

Following the authorisation of the vaccine developed by Fosun Pharma and BioNTech (ie Comirnaty vaccine) on January 25, the Secretary for Food & Health, with reference to the advice of the experts, authorised the vaccine developed by Sinovac (ie CoronaVac vaccine) for emergency use in Hong Kong.

February 18

The Government announced the details of the vaccination programme. Five priority groups can make a booking online from February 23 onwards and receive vaccination from February 26 onwards.

February 19

The first batch of one million doses of CoronaVac vaccine was delivered to Hong Kong from Beijing.

February 20

The Government further tightened the testing and quarantine arrangements for air crew members, sea crew members, etc. Basically, all people who have stayed in any places outside China during the 21 days prior to arrival in Hong Kong are required to undergo testing and quarantine at designated places before entering the local community.

February 22

The Chief Executive, together with a number of secretaries of departments, directors of bureaus and members of the Executive Council and the Legislative Council, took the lead to receive COVID-19 vaccination.

 February 24

The number of people allowed in group gatherings in public places was relaxed from two to four.

February 26

People in the five priority groups who have made a booking can start to receive vaccination at five community vaccination centres and 18 general out-patient clinics under the Hospital Authority.

 

Vaccination Programme 

The Government has been taking forward proactively the work on the procurement, approval and preparation for the administration of vaccines over the past months. We were therefore able to kick-start the government vaccination programme immediately after the arrival of the first batch of one million doses of the Sinovac vaccine, developed and produced by the Mainland, in Hong Kong from Beijing on February 19. I took the lead to receive the first dose of the COVID-19 vaccine in Hong Kong on February 22 and was followed by a number of secretaries of departments and directors of bureaus, members of the Executive Council and the Legislative Council. About 200 people of the priority groups, including healthcare workers, staff of residential care homes for the elderly, airport personnel and cross-boundary goods vehicle drivers as well as members of the disciplined services were also vaccinated. As far as I know, people who have received the jabs have been feeling well so far, and I don’t even feel any pain in my arm. I hope members of the public would feel at ease about getting vaccinated.

 

Indeed, no matter whether it is the Sinovac vaccine which is developed and produced in the Mainland or the Comirnaty vaccine manufactured by BioNTech from Germany, they have been assessed by experts and authorised by the Secretary for Food & Health for emergency use in Hong Kong in accordance with the relevant legislation. Members of the public should view the vaccines in a scientific manner and not fall prey to various lies about vaccines. The Government has established a mechanism to monitor clinical events after vaccination of members of the public and has set up an indemnity fund in case there are severe adverse events.

 

The vaccination programme commenced smoothly in Hong Kong. I have to express my gratitude to scientists and pharmaceutical companies in different places for their hard work in research and development as well as production of vaccines in the past year; to the Central People’s Government for facilitating the smooth and speedy arrival of the Sinovac vaccine in Hong Kong; to the local experts for their participation in the approval of vaccines and assessment of possible clinical events after vaccination; to our partners including the Hospital Authority, healthcare organisations, private clinics as well as transport companies, airlines, logistics companies and more which help with our vaccine delivery; and also to all colleagues who have participated in the preparation and implementation of the programme. What we need now is the active participation of members of the public. I am pleased to note that more than 70,000 people made reservations on the first day of the launch of online booking, and the quotas of vaccination for the first two weeks were fully taken within some 10 hours. The Government will provide more quotas as soon as possible. I believe that when the private clinics start to administer the Sinovac vaccine next week, it will be even more convenient for the members of the public.

 

Vaccination not only protects yourself, it protects your families and friends as well as the community. It will also help Hong Kong get through the epidemic. I sincerely appeal to every member of the public – protect yourself and others, get vaccinated!

 

Chief Executive Carrie Lam issued this article titled Fighting the Epidemic for 13 months Get Vaccinated to Protect Yourself & Others on February 27.

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Budget stabilises economy

(To watch the 2021-22 Budget speech with sign language interpretation, click here.)

 

Over the past two years, Hong Kong has suffered successive setbacks. And now we have to fight the epidemic and ride out the economic difficulties. Life has not been easy for us all.

 

I often chat with people, especially during the preparation for the Budget. I know how difficult it is to earn a living during the economic downturn. I can feel their pain. This is why, despite a record high fiscal deficit in 2020-21, I once again propose a Budget involving a deficit of over $100 billion. I do so after careful consideration, as the counter-cyclical measures are necessary for stabilising the economy and alleviating people’s burden. At the same time, I am mindful of the need to expand government revenue and create fiscal space in a prudent manner.

 

In spite of the pressure we now face, looking back, we have walked all the way through thick and thin. However harsh life may have been, Hong Kong remains the home that we treasure.

 

Home is not where we find perfection. It is where we stay together as a family, sharing mutual care, acceptance and support.

 

This unprecedented pandemic reminds us that we are all in the same boat. Deep-seated conflicts cannot be resolved instantly, nor can wounds be healed overnight. Given time, even the tightest knot can be untied.

 

The economy may move in a cycle, but there is always a way to prosperity. We have overcome many challenges and always come out stronger. Let us be steadfast and ride out the storm. Together, we will build a better Hong Kong.

 

This is the English translation of Financial Secretary Paul Chan’s Budget speech closing remarks delivered on February 24.

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FS outlines Budget focuses

Over the past year, we all have experienced a very different life. The epidemic has aggravated the economic recession. Face masks have become a daily necessity. We might have spent more time at home, but we have fewer opportunities to gather with our relatives and friends. The year 2020 has become our common memory.

 

The epidemic has made us realise that globalisation is not only a driving force for economic development, but also the key to victory in the fight against viruses and epidemics. No place on earth can stay aloof and remain unaffected. Only with concerted efforts can we successfully beat this pandemic of the century that has plagued the entire world.

 

Hong Kong went through tribulations in the past two years.  International political tensions have dampened local exports and market sentiments, violent clashes have endangered the stability and safety of our society, and the epidemic has exerted additional pressure on the whole community and economy. In the past year, Hong Kong’s economy recorded a negative growth of 6.1% with the latest unemployment rate rising to 7%. The Government of the Hong Kong Special Administrative Region has committed a total of nearly $300 billion for supporting measures, with a view to stabilising the economy and relieving people’s burden. However, this has also brought the fiscal deficit to a record high.

 

With the epidemic still lingering, our economy is yet to come out of recession. Our most urgent task is to contain the epidemic and press ahead with the vaccination programme, so that people and businesses can be back on track, and safe travelling between Hong Kong and the Mainland as well as the rest of the world can be resumed as soon as possible. I will, as always, provide the resources required to fully support the anti-epidemic work.

 

This year’s Budget focuses on stabilising the economy and relieving people’s burden. It aims to alleviate the hardship and pressure caused by the economic downturn and the epidemic through the introduction of counter-cyclical measures costing over $120 billion, and seeks to create a leverage effect to benefit our people, workers as well as enterprises. It is equally important that we should grasp the major directions and new trends of future development to strategically enhance our policy steering, support measures and resources allocation in key areas. This will not only bring new impetus to our industries, but also enable them to have a more dynamic, diverse and interactive development.

 

This is the English translation of Financial Secretary Paul Chan’s Budget speech opening remarks delivered on February 24.

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HK to scale new heights

A new year represents new beginnings. Having gone through an exceptionally challenging year, we all look forward to a fresh start in the new year. This year, because of the epidemic, the Government urges members of the public to reduce gatherings and enjoy a quiet Spring Festival. Yet, with technology bringing people closer together, we can extend festive greetings to relatives and friends living here and abroad and express our care for senior family members and citizens through various means.

     

This year is the Year of the Ox. The ox is a symbol of diligence and perseverance. I believe that as long as we stand united and work together with perseverance, Hong Kong can certainly rise above all challenges, emerge stronger and scale new heights.

     

I wish you all a harmonious, auspicious and healthy Year of the Ox.

 

This is the translation of the Lunar New Year message delivered by Chief Executive Carrie Lam on February 11.

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Govt exploring ways to aid the jobless

With the sustained slackening of Hong Kong’s labour market since the second half of 2019, wages and household income came under pressures in tandem, with the impact particularly prominent on low-income households. There are rising public concerns on the livelihood of low-income families under the deteriorating unemployment and underemployment situation.

 

In light of the tremendous challenges brought about by the epidemic to Hong Kong’s employment situation and overall economy, the Hong Kong Special Administrative Region Government has implemented a host of measures to create and stabilise job opportunities over the past year. The Government expeditiously introduced the Anti-epidemic Fund not only to enhance Hong Kong’s overall anti-epidemic capability, but also provide suitable relief to sectors and individuals hard-hit by the epidemic or affected by the anti-epidemic and social distancing measures. Coupled with the Government’s injection into the Anti-epidemic Fund and relief measures under the 2020-21 Budget, a financial commitment totalling over $300 billion, which represents about 11% of the Gross Domestic Product, has been incurred.

 

In view of the continuous fluctuations of the fourth wave of the epidemic which have seriously affected Hong Kong’s economy and labour market, the Government has kept on exploring ways to strengthen assistance for the unemployed and their families. In order to provide additional support to individuals and families with financial difficulties, we just announced on February 4 the recommendations to implement two sets of new measures under our Working Family Allowance Scheme and the Short-term Food Assistance Service Projects.

 

Firstly, we proposed to substantially relax the working hour requirements of the Working Family Allowance Scheme on a one-year time-limited basis. Specifically, the Government recommends temporarily reducing the basic working hour requirement substantially for non-single-parent households to 72 hours per month in order to allow low-income households to continue to be eligible for applying for the Working Family Allowance and receive income support amid a reduction of working hours.

 

Let me recap some background about the Working Family Allowance Scheme. First introduced as the Low-income Working Family Allowance Scheme in 2016, the scheme was rebranded into the Working Family Allowance Scheme in 2018. The scheme aims to support low-income working households who are not receiving Comprehensive Social Security Assistance and have longer working hours. With the design to encourage full-time employment and reward hard work, there are three tiers of allowance with working hour requirements of 144, 168 and 192 hours per month respectively. The basic working hour requirement is 144 hours per month for non-single-parent households. The scheme also comes with a child allowance for each eligible child in the household.

 

The Government has implemented a host of improvement measures for the scheme in the past three years. These included relaxing its eligibility criteria such as extending the scheme to one-person households, substantially increasing the rates of allowances, and allowing households to aggregate the working hours of household members for a higher level of allowance, etc. As at end-December 2020, the Working Family Allowance Scheme has over 56,000 active households involving over 180,000 people, more than the double of the number of beneficiary households of the former Low-income Working Family Allowance Scheme before the implementation of improvement measures in 2018.

 

The more enhanced Working Family Allowance Scheme has been providing continuous and adequate support for working households in need, with the annual payout surging by nearly two times from $650 million in 2017-18 to about $1.8 billion in 2020-21.

 

Going back to the newly announced measure, the challenges brought by the protracted COVID-19 pandemic has resulted in a worsening situation of unemployment and underemployment. For those who remain employed, they may now have fewer working hours and thus decreasing income. Some may risk dropping out from the Working Family Allowance Scheme due to the fewer working hours. With an aim of preventing such double jeopardy, the Government recommends temporarily reducing the basic working hour requirement substantially for the non-single-parent households under the Scheme to 72 hours per month. The working hour requirement for the mid-tier allowance will also be reduced from 168 hours per month to 132 hours per month, while the lenient working hour requirements of 36, 54 and 72 hours per month for single-parent households will remain unchanged.

 

Under this time-limited arrangement, households with aggregated monthly working hours reaching 72 to 131 will be eligible for a maximum of $1,000 in basic allowance per month, plus a maximum of $1,400 allowance per month for each eligible child. Taking a four-person household with two children as an example, they may receive up to $3,800 per month.

 

Another newly announced measure is to temporarily relax the asset limits of the Short-term Food Assistance Service Projects – let’s call it the food bank service for simplicity’s sake. The service aims to provide one-off basic food assistance for a period of up to eight weeks to help individuals and families encountering sudden change and facing immediate financial hardship in coping with their daily food expenditure. Like any welfare scheme, there is an asset limit requirement. Newly unemployed and underemployed individuals and families may not be eligible for the service if their assets exceed the asset limits.

 

In this regard, it is proposed that the asset limits of this food bank service should be relaxed by pitching to those of the Working Family Allowance Scheme. Again, taking a four-person household as an example, the asset limits will be raised from $264,000 to $548,000. We expect an additional commitment of about $430 million, which can benefit around 120,000 additional service users.

 

We hope that the two additional measures will provide some temporary relief on the financial burden of needy individuals and families in Hong Kong.

 

This is the Letter to Hong Kong by Secretary for Labour & Welfare Dr Law Chi-kwong on additional measures to assist financially needy individuals carried on Radio Television Hong Kong Radio 3 on February 7.

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DoJ adheres to the highest standards

There have been media reports repeatedly resorting to biased language to describe the appeals or reviews made by the Department of Justice (DoJ) in criminal cases since last year. I must reiterate that in respect of the sentences imposed by courts or decisions of acquittal in criminal cases, the DoJ has to carefully consider the relevant information. In the event that a sentence is manifestly inadequate or excessive, or a verdict is erroneous in point of law, the DoJ is duty bound to apply to court for a review or appeal.

 

In the course of legal proceedings, prosecutors of the DoJ have the duty to provide accurate and comprehensive submissions on the law to assist courts in the determination of cases. On sentences imposed by courts, the DoJ will consider all materials, including the prosecution reports and the reasons for sentence before taking the cases forward in accordance with relevant legislations where appropriate. In general, the DoJ may make the following decisions:

 

(1) Apply to the magistrate under section 104 of the Magistrates Ordinance (Cap 227) to review the sentences he/she imposed; and

 

(2) Apply to the Court of Appeal, under section 81A of the Criminal Procedure Ordinance (Cap 221) to review the sentences, on the grounds that the sentence is not authorised by law, is wrong in principle or is manifestly excessive or manifestly inadequate.

 

When the court’s decision of acquittal in the case is perverse (meaning no reasonable court, applying its mind to the proper considerations and giving itself the proper directions, could have reached this decision) or erroneous in point of law, the DoJ may take follow-up action under appropriate circumstances, including:

 

(1) Appeal by way of case stated to the Court of Appeal under section 84 of the District Court Ordinance (Cap 336) for cases tried in the District Court; and

 

(2) Appeal by way of case stated to the Court of First Instance under section 105 of the Magistrates Ordinance (Cap 227) for cases tried in the magistrate’s court.

 

The DoJ lodged 17 applications for the review of sentence under section 81A of the Criminal Procedure Ordinance in 2020. Of the 12 such applications decided last year, 11 were allowed. On cases related to public order events, the Court of Appeal in four of the cases repeated the sentencing principle as set out in Wong Chi Fung case of the necessity to emphasise deterrence and punishment in large-scale unlawful assembly cases involving violence be applied. In three judgments delivered by the Court of Appeal, it was stressed that “because the respondents had committed a serious offence, appropriate weight must be given to the sentencing factors of punishment, deterrence and condemnation despite their youth”. The judgments also pointed out that “if, as a matter of public interest, the seriousness of the offence and the circumstances of the case call for a heavy or deterrent sentence, the offender’s young age and personal background would count very little or even pale into insignificance, because the need for a punitive or deterrent sentence far outweighs the rehabilitative need of the offender”.

 

Some media, without regard to the grounds put forward by the DoJ at the hearings and the reasons for the decisions set out in the courts’ judgments, used biased expressions that fail to reflect the facts in an objective manner. I don’t agree to this approach and have to stress that the DoJ has all along strived to ensure the proper conduct of its prosecutions. Prosecutors have always adhered to the highest of professional standards in handling criminal cases for justice to be administered with equal measure and in an even-handed manner at all times.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on the Department of Justice website on February 6.

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SJ clarifies misreading of security law

It has come to my attention that, on the occasion of a recent online webinar on the National Security Law, a statement of one of the speakers was to the effect that it would be an offence of collusion under the National Security Law for persons in Hong Kong to contact overseas and urging action in Hong Kong. If this statement were in fact made, it is my duty to put the correct position before the public – nothing is further from the truth. In any event, I would like to take this opportunity to set out some basic points about the National Security Law.

 

The purpose of the National Security Law is to safeguard national security, thereby maintaining prosperity and stability in the Hong Kong Special Administrative Region. National security is a matter of top priority for any state, the protection of which is a basic prerequisite and foundation of the state’s sovereign integrity, survival and development. As in any state, safeguarding national security is a matter entirely within the purview of the central authorities.

 

To address the delusion that might have been proffered, it is incumbent upon me to bring to your attention that the National Security Law sets out four types of offences which can be generally described as secession, subversion, terrorist activities and collusion with a foreign country or with external elements to endanger national security. The relevant provisions on collusion are set out in Articles 29 and 30 in Part 4 of Chapter III.

 

The term collusion does not appear in the substantive part of Articles 29 and 30 and is only present in the title to the fourth type of offences under the National Security Law. One must not therefore ascribe a definition of collusion in the abstract or even simply by reference to any dictionary meaning. The proper approach would be to look at the relevant provision itself.

 

Under Article 29, it is an offence if a person steals, spies, obtains with payment, or unlawfully provides state secrets or intelligence concerning national security for a foreign country or an external element (an institution, organisation or individual outside the Mainland, Hong Kong and Macau).

 

It is also an offence if a person engages in activities such as requesting, conspiring with, receiving instructions etc, from a foreign country or external element to commit specific types of acts which are explicitly set out in Article 29. These include, (1) waging a war against China, using or threatening the use of force to seriously undermine the sovereignty, unification and territorial integrity of China; (2) seriously disrupting the formulation and implementation of laws and policies by the Hong Kong SAR Government which is likely to cause serious consequences; (3) rigging or undermining an election in Hong Kong SAR which is likely to cause serious consequences; (4) imposing sanctions or blockade or engaging in other hostile activities against Hong Kong SAR or China; or (5) provoking by unlawful means hatred among Hong Kong residents towards the Central People’s Government or the Hong Kong SAR Government which is likely to cause serious consequences.

 

It is clear therefore to any well-informed person when reading Article 29 of the National Security Law that it does not preclude any interaction or communication between a Hong Kong resident with others overseas. The prohibition relates only to acts that would endanger national security which are clearly set out. Persons locally and abroad are free to conduct any act they so desire during their normal course of business or daily lives. It would be most unfortunate if there were indeed, as I was informed, such a blatant misreading and misconstruction of the provision of the National Security Law disseminated to the international community during the webinar.

 

Indeed, protecting against foreign interference in the course of safeguarding national security is nothing unusual. For example, to name but a few, the United States’ Logan Act1 makes it an offence for any citizen of the United States to commence or carry on any correspondence or intercourse with any foreign government to influence the measures or conduct of any foreign government in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, while Australia’s Criminal Code as contained in the Schedule of the Criminal Code Act 1995 (Cth) contains, for example, the offences concerning foreign interference2, funding or being funded by a foreign intelligence agency3, and sabotage involving national security involving a foreign principal4.

 

The National Security Law seeks to prevent, suppress and punish any collusion with a foreign country and external elements to carry out activities that endanger national security. This is for the purposes of securing national security, and is not designed to suppress any acts which might arise in individuals going about their day-to-day business in society. There is nothing in the National Security Law that inhibits or affects the normal operation of commercial activities and businesses, and in fact, the law expressly stipulates that legitimate rights of residents in the Hong Kong SAR are protected. The National Security Law is targeted at activities that endanger national security and it is far-fetched and fanciful to suggest that commercial activities or the daily lives of residents in the Hong Kong SAR would be adversely affected. On the contrary, the law brings about stability and predictability, an environment conducive to economic and human development much desired by all.

 

Note:

1Title 18 US Code Chapter 45 – Foreign Relations §953: Private correspondence with foreign governments.

2Section 91.2 of the Criminal Code as contained in the Schedule of the Criminal Code Act 1995 (Cth)(Australia).

3Sections 92.9 and 92.10 of the Criminal Code as contained in the Schedule of the Criminal Code Act 1995 (Cth)(Australia).

4Sections 82.3 and 82.4 of the Criminal Code as contained in the Schedule of the Criminal Code Act 1995 (Cth)(Australia).

 

Secretary for Justice Teresa Cheng wrote this article and posted it on the Department of Justice website on February 2.

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HK’s legal hub status secure

After the turmoil in 2019, the National Security Law has restored order and stability in the community. Hong Kong is now ready to capitalise on its unique position under the “one country, two systems”, and the strength in legal and dispute resolution services as well as to make the best use of the opportunity brought forth by the 14th Five-Year Plan for National Economic & Social Development. We will continue to serve as an international legal hub for dealmaking and dispute resolution services.

 

The Greater Bay Area (GBA) has the unique strength of “one country, two systems and three jurisdictions” and the Outline Development Plan for the Guangdong-Hong Kong-Macao GBA recognises the distinctive advantage of Hong Kong’s legal system under “one country, two systems” and our ability to assume a vital role in the development of the GBA. We have already succeeded in securing the Guangdong Province as the first to implement further liberalisation measures for partnership associations for law firms in August 2019. Since June 2020, such measures have been extended to the whole of the Mainland. Enterprises and investors are now able to appoint law firms and legal practitioners who are practising in the Mainland and also familiar with common law. The Regulations of the Qianhai Shenzhen-Hong Kong Modern Service Industry Co-operation Zone of the Shenzhen Special Economic Zone were amended and approved in August 2020. It allows Hong Kong enterprises registered in Qianhai to choose Hong Kong law as the applicable law in their civil and commercial contracts. This early and pilot implementation measure is a major breakthrough and benefits over 11,000 wholly-owned Hong Kong enterprises registered in Qianhai. We are now actively seeking the support of the central government in extending the measure to the entire GBA.

 

Hong Kong has been a prime venue for international legal and dispute resolution services. The fundamentals that make Hong Kong excel as a leading arbitration centre can be attributed to our solid foundation with a modern and user-friendly arbitration law. The Arbitration Ordinance, which came into effect in June 2011, is based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law to unify the dual regimes for domestic and international arbitrations. Amendments to the ordinance have been made over the years in order to keep abreast of the latest developments in international arbitration. Our arbitral service is well known for its flexibility, and the enforceability of awards in over 160 jurisdictions. It is noteworthy that nearly all the awards have been successfully enforced in the Mainland. Also, a number of well-respected international institutions have chosen Hong Kong as their first global location outside their home jurisdictions. As a result of the unique position of Hong Kong under the “one country, two systems”, we are able to secure groundbreaking and game-changing arrangements with the Mainland such as the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region in 2019.

 

Our strong judicial and legal systems have enhanced Hong Kong’s strength as an international legal hub. Judicial independence is premised on the solid infrastructure that has been laid down primarily in the Basic Law – the security of tenure, the immunity of judges, the non-revolving door, and importantly the expressed provision in Article 85 of the Basic Law that guarantees judicial independence, free from any interference. The judicial oath, taken by all judges, requires them to safeguard the law and administer justice, without fear or favour. Judges are required to adjudicate cases based only on evidence and law, setting out how they have arrived at such decisions in opening hearings and their judgements, which are available to the general public. As pointed out by the incumbent Chief Justice of the Court of Final Appeal: “Attempts to exert undue pressure on our judges by means such as threats of violence or doxxing are as futile as they are reprehensible.” Furthermore, the former Chief Justice had repeatedly said, in particular in his interview with the media on January 5, that he categorically denied there was pressure exerted on the Judiciary.

 

In the long run, the intrinsic strengths of Hong Kong, together with the advantages afforded to Hong Kong’s position under the “one country, two systems”, initiatives and opportunities of the GBA development will reinforce Hong Kong’s irreplaceable position as a leading international legal hub for dealmaking and dispute resolution services. We hope that we will join hands through concerted efforts in promotion and explanation to clarify misconceptions and misunderstanding.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on February 1.

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