In view of the severe economic repercussions caused by the COVID-19 pandemic globally and locally, the Government announced another package of measures to support the affected individuals and businesses last Wednesday. Two of which are particularly relevant to the legal and dispute resolution sector - the LawTech Fund and the COVID-19 Online Dispute Resolution (ODR) Scheme. The LawTech Fund was briefly introduced in this blog a few days ago. Today, I would like to give an online explanation of the COVID-19 ODR.

In anticipation of an upsurge of disputes arising from or relating to COVID-19, the scheme aims to provide speedy and cost-effective means to resolve such disputes, especially for those involving micro, small and medium-sized enterprises (MSMEs) that may be adversely affected or hard hit by the pandemic. The scheme will engage eBRAM (electronic Business Related Arbitration & Mediation system) to provide ODR services to the general public and businesses, in particular MSMEs, involved in low value disputes.

The scheme plans to cover COVID-19 related disputes with the claim amount for each case to be capped at $500,000. Either one of the parties (claimant or respondent) must be a Hong Kong resident or company and they will only be required to each pay $200 registration fees. Under the scheme, the parties are required to enter into a dispute resolution agreement to record their consent.

The process to be adopted is a multi-tiered dispute resolution mechanism where the parties will first attempt to negotiate their disputes, followed by mediation and if that does not result in settlement, then subsequently to arbitration for a final and binding award. This is in line with the "Mediate First" policy that we have been advocating under our "Mediate First" Pledge Programmes.

The scheme aims to offer a fast and effective means to resolve disputes among parties. Each tier of dispute resolution will be conducted within a limited time. The tiers are devised with a view to avoiding disputes and differences from being entrenched. If the disputes can be resolved successfully and amicably through negotiation or mediation, we hope it will help build and reinforce a harmonious society and enable the parties to preserve their long term business relationship.

We also hope the scheme will have the benefit of job creation and job advancement for mediators and arbitrators (including their pupils). Parties are at liberty to appoint the third party neutral of their choice and if no agreement is reached, there will be a mechanism for appointment. The third party neutrals and the parties or their representatives can still handle cases under the social distancing measures online and indeed to practice on the handling of cases online. We would like the scheme to be launched in June if funding is provided in April.

It is a global trend to develop and use ODR to provide reliable and efficient platform to facilitate alternative dispute resolution. The scheme is in line with the development under Asia-Pacific Economic Cooperation's Collaborative Framework on ODR (APEC Framework), with MSMEs as the major beneficiary. The mechanism of adopting negotiation and mediation in the first stage under the APEC Framework is also to prevent entrenched views on the conflicts, thereby helping to create harmony in society.

Some forms of alternative dispute resolution, such as mediation, are a more cost-effective way to resolve disputes. The costs of mediation are almost always lower than the disputed amounts, making it an economical way to resolve disputes. Mediation can save time too. Some cases may be resolved following just one day of mediation.

LawTech has greatly helped the development of dispute resolution services. The establishment of a safe, reliable and credible platform to provide enterprises with convenient and cost-effective online dispute resolution will become a new trend.

It is one of the major long-term policy objectives of the Department of Justice (DoJ) in recent years to enhance and promote Hong Kong's status as an international legal hub for deal-making and dispute resolution. A further promotion of the use of ODR will help consolidate Hong Kong's position as an international business and financial centre.

The social media accounts of the DoJ's IDAR Office have been introducing the procedure, characteristics and benefits of mediation and arbitration. You may wish to visit the dedicated pages of the IDAR Office to keep abreast of the dispute resolution services.

In addition to the relief measures announced by the Government, the DoJ has also taken the initiative to speed up payment of fees to counsel. Counsel engaged by the DoJ could submit their interim fee notes together with the interim case reports after certain work has been completed. Each case will be considered individually on a case-by-case basis and interim payments could be made. I have enquired and am also glad to learn from the Legal Aid Department and the Duty Lawyer Service that they made similar arrangements.

We are confident that Hong Kong can weather the storm with our fundamental strengths and resilience. We also trust that we would overcome this unprecedented challenge by standing in solidarity.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 13.

The Department of Justice (DoJ) is responsible for making prosecutorial decisions. At times, these decisions attract extensive discussions in the community. It becomes interesting when overseas media and politicians embark upon allegations or purported demands relating to Hong Kong’s prosecutorial decisions.

Article 63 of the Basic Law provides that the DoJ of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference. This prosecutorial independence ought to be a feature in any society that cherishes the rule of law, and therefore attempts made by jurisdictions requesting such decisions to be made one way or another or even to request that they be varied is a blatant defiance of rule of law.

The DoJ acts independently without political, improper or undue influence, including those from public opinions and certainly not from overseas politicians who made these requests possibly not based on evidence or law but on political motives.

In cases in which legal proceedings are ongoing, we will not comment and neither should others as it may bring about the undesirable effect of a trial by the public. Statements made requesting the DoJ to drop all the charges or uttered with a view to affecting the DoJ’s role in controlling criminal prosecutions are futile. It is plainly wrong to label our prosecutions as politicised. On the contrary, no one, be they tycoons or politicians, will be above the law or be treated differently simply because they have a certain status or are pursuing certain beliefs or goals.

When law enforcement agencies have completed their investigation, they would seek legal advice from the DoJ. Our prosecutors would carefully consider the investigation reports and relevant materials submitted. A prosecution would only be commenced if the prosecutor is satisfied that there is sufficient admissible evidence to support a reasonable prospect of conviction.

The well-established procedures of our criminal justice system include the independent investigations by law enforcement agencies, the independent prosecutorial decisions based on objective assessment of evidence, applicable laws and in accordance with the Prosecution Code, and finally open trials by our independent judiciary. If we are to accede or be seen to yield to unreasonable demands to drop charges irresponsibly, we would not only be unfair and unprofessional but would also act in violation of the spirit of the rule of law.

I have explained the DoJ’s prosecution procedure on various occasions and stressed that our prosecutors are expected to apply the highest of professional standards in handling all criminal cases impartially and without fear or favour. They must not be influenced by political consideration. Cases should not be handled any differently irrespective of one’s own political beliefs or opinions.

The Hong Kong Special Administrative Region Government always respects and protects human rights and freedoms. However, these rights are not absolute. As pointed out by the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020: “It is important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties.” There are clear limits in the law to the exercise of these rights. When law is broken, action will be taken in accordance with the criminal justice system.

The rule of law is a core value in Hong Kong. We have to stand united in upholding our independent criminal justice system especially when it is under attack by any unfair and unfounded allegation made with a view to discrediting or undermining it. Any attempt to do so would only be attractive to those unfamiliar with our independent legal and judicial systems. We are obliged to continue to explain and ensure that their absence of knowledge would not override facts. We will continue to disseminate proper and accurate information and help clear any misunderstandings in the local and overseas communities.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 26.

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Start-up Express, a development programme launched by the Hong Kong Trade Development Council (HKTDC) in 2018, is returning for its third edition to help local start-ups build connections, explore markets, seek partners and enhance...

petrapetruta posted a reply:

Corrado Carlini:

It's not a like/dislike thing.It's all about colors.Just take a look at the pool.
We want specific kind of photos.Otherwise this group won't be named Catchy Colors.

The Les Arcs Co-Production village, running December 13-16 within the Les Arcs European Film Festival (Dec 13-20), will present 25 projects in development and a further 10 works-in-progress. Several of the projects chosen for this year’s event are Irish films and films with Irish producers’ backing.

Plans for a new multi-million euro film production hub in County Limerick have been set in motion. An agreement has been arranged between Limerick City and County Council and Ardmore Studios, which in the past has provided facilities for several popular film and television productions such as ‘Braveheart’, ‘Excalibur’, ‘The Tudors’ and ‘Camelot’, and more recently for ‘Frank’ and ‘Penny Dreadful’.

More than 40,000 new niches at two columbaria in Tuen Mun and Fanling will open for applications from May 11, the Food & Environmental Hygiene Department announced today.

Tsang Tsui Columbarium in Tuen Mun will provide 22,680 standard niches and 220 large niches, while Wo Hop Shek Columbarium in Fanling will provide 21,720 standard niches and 330 large niches for application.

The department said applicants should only file one application form to apply for either a large or standard niche for the same deceased person.

It said applicants have to fill in the particulars of at least three deceased people when applying for a large niche.

Since the type and number of niches available in the two columbaria are different, the chance of successful allocation varies, the department added.

The application deadline is June 10.

Click here for details.

The Education Bureau today issued a circular memorandum to tutorial schools, inviting them to apply for a relief grant under the Anti-epidemic Fund.

The bureau said a total of about $120 million has been allocated from the fund to provide a one-off relief grant of $40,000 to each eligible tutorial school.

These tutorial schools must be registered under the Education Ordinance, have been operating in the three months before the class suspension - November, December and January - and be in operation on the application date.

Designated centres under the Financial Assistance Scheme for Designated Evening Adult Education Courses, which offer evening secondary school courses for adult learners, are also eligible for the grant.

The measure is expected to benefit about 3,000 tutorial schools, and the relief grant will be disbursed about four weeks upon receipt of an application.

Additionally, the fund will also provide relief grants to school-related service providers who have been affected by the prolonged class suspension, incurring an expenditure of about $419 million.

Beneficiaries will include operators of catering outlets at primary schools, secondary schools and post-secondary institutions and lunchbox providers of primary and secondary schools.

School bus drivers, school private light bus drivers and escorts, or nannies, as well as instructors, coaches, trainers and operators of interest classes engaged by schools, will also benefit from the relief grants.

The bureau will distribute application forms for the relief grant through post-secondary institutions to the catering outlets operating on their campuses within this week. The application details for other relief grants will be announced as soon as possible.

Separately, the bureau announced earlier that it would provide a one-off relief grant of $80,000 to each private school offering full and formal curriculum.

The grant has been disbursed progressively to schools under the English Schools Foundation, international schools, private independent schools, and other private secondary day schools and private primary schools.

To reduce social contact in light of the COVID-19 epidemic, the Primary One Central Allocation results will be posted to parents.

Announcing the move today, the Education Bureau said it will deliver door-to-door the Primary One Registration Form with Central Allocation results to parents from June 3 to 4 through Hongkong Post’s Local CourierPost service.

If no one is present to receive the item at the time of delivery, a mail collection notification card will be left for parents to collect it from the designated post office from the afternoon of the following working day.

If parents have not received the Primary One Registration Form or the notification card by June 5, they can collect the registration form at the designated Collection Centre from June 6 to 7.

The Education Bureau will send letters to parents tomorrow to notify them of the arrangements.

Parents can get updates on the latest arrangements for the release of Central Allocation results and registration through the bureau’s press releases and messages posted on its website.

Call 2891 0088 for information on Primary One admission. For further enquiries, contact the bureau's School Places Allocation Section (Primary One Admission) on 2832 7700 or 2832 7740.

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The Government today announced the mechanism for Hong Kong enterprises with manufacturing operations in the Mainland to apply for exemption from the compulsory quarantine arrangement. 

It said the Trade & Industry Department has started processing applications.

The Chief Secretary may designate anybody or category of people for exemption from quarantine if their travelling is necessary for purposes relating to manufacturing operations in the interest of Hong Kong's economic development.

With effect from May 4, the Chief Secretary has exempted two categories of people from the quarantine arrangement.

They include owners of Hong Kong enterprises with a valid business registration certificate and with manufacturing operations in the Mainland and up to one person employed and authorised by the enterprise, as well as up to two people employed and authorised by such an enterprise.

Exempted people must only travel to and stay in the city where the Mainland factory of their Hong Kong enterprise's manufacturing operations is located and must take every precautionary measure to ensure personal hygiene and avoid unnecessary social contact. 

After returning to Hong Kong, they will be subject to medical surveillance arranged by the Department of Health during their stay in Hong Kong and will be required to wear masks and have their body temperatures checked daily.

They will also have to report any discomfort to the Department of Health.

Click here for more information.

The Commerce & Economic Development Bureau today announced that the subsidy quota for three mask production lines have been reassigned.

Three production lines, previously approved under the Local Mask Production Subsidy Scheme, have withdrawn from the scheme, the Government said.

The subsidy quota concerned has been allocated to SDL Skin (Asia), Safeguard HK and SwissTech.

SDL Skin (Asia) has been approved for obtaining a subsidy for a second production line and is expected to supply an average of 1.6 million masks every month to the Government. The production line may receive a subsidy of up to $1 million.

Safeguard HK has been approved for obtaining a subsidy for one production line and is expected to supply an average of 500,000 masks to the Government every month. The production line may receive up to $2 million.

SwissTech has been approved for obtaining a subsidy for one production line and is expected to supply an average of 2 million masks every month to the Government and produce a further 1 million masks on average monthly for the local market.

The production line may receive up to $3 million.

It is estimated that when all 20 subsidised lines under the scheme are in full production, they will collectively supply 33.85 million masks to the Government and a further 7.15 million to the local market monthly.

The companies which withdrew from the scheme were CareHK and Shang Manufactory.

The Government did not sign agreements with or make disbursements to these firms.

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The Housing Authority’s Commercial Properties Committee today approved the extension of rent concessions to over 8,300 non-domestic tenants or licensees for six months from April 1 to September 30.

The authority had earlier granted a 50% rent concession to its eligible retail and factory tenants for six months from April 1.

Under the extension, their rent concession will be increased to 75% over the same period with retrospective effect from April 1. The rent concession does not include rates and air-conditioning charges.

The authority said such further measures are to support the Government's new series of measures announced in early April to relieve the financial burden of individuals and businesses.

A total of 2,450 retail and 3,300 factory tenants will benefit from the approved increase in the rent concession.

The 75% rent concession will also be extended to cover tenants and licensees of bus kiosks and most advertising signboards, as well as car park users for the monthly parking of commercial vehicles.

About 40 tenancies for bus kiosks, 80 advertising signboards and about 2,500 car park users stand to benefit from the concession.

Tenants of premises in the authority's properties which are required to be closed under relevant regulations or the Government's directions, may also apply to the authority for a 100% rent concession for the period during which they are required to be closed.

The authority added that the approved measures will be implemented as soon as possible. For rent and licence fees already paid for the months of April and May, arrangements will be made for offsetting in the payment for subsequent months.

The committee has approved three rounds of rent concessions since last September. Together with this round, the total rent and licence fees foregone by the authority is estimated to reach more than $1 billion.

The Government will launch the Subsidy Scheme for Beauty Parlours, Massage Establishments & Party Rooms under the second round of the Anti-epidemic Fund on May 11.

A sum of $1.1 billion has been earmarked for the scheme, which is expected to benefit 12,400 beauty parlours and massage establishments as well as 500 party rooms.

The subsidy is expected to be disbursed from late this month.

Under the scheme, each eligible beauty parlour or massage establishment will receive a one-off tiered subsidy of $30,000, $60,000 or $100,000, depending on its number of workers.

Each eligible party room will receive a one-off subsidy of $40,000.

Applications will only be accepted online. The application deadline is May 17.

The scheme also covers premises which are operated by social enterprises.

For premises with business registration, social enterprise operators should file their applications through the online application system.

Those without business registration should directly approach the Hong Kong Council of Social Service at 2864 2993 or by email to obtain its certification and submit their applications.

Call 1836 188 or send an email for enquiries.

17 individuals in the mathematical sciences are among the 126 new members and foreign associates elected to the National Academy of Sciences (NAS) in 2020.

Members: Ivet Bahar, University of Pittsburgh School of Medicine; Abhijit Banerjee, Massachusetts Institute of Technology; Gerard Ben Arous, Courant Institute of Mathematical Sciences, New York University; Bonnie Berger, Massachusetts Institute of Technology; Laura G. DeMarco, Northwestern University; Ronald Fagin, IBM Almaden Research Center; Katherine Freese, The University of Texas at Austin; Dennis Gaitsgory, Harvard University; Robert L. Griess, University of Michigan, Ann Arbor; Jacob Lurie, Institute for Advanced Study; Terence T. Hwa, University of California, San Diego; Wilfried Schmid, Harvard University; Jeffrey D. Ullman, Stanford University; Lai-Sang Young, Courant Institute of Mathematical Sciences, New York University; and Ofer Zeitouni, Weizmann Institute of Science; Foreign Associates: Yoav Benjamini, Tel Aviv University (Israel) and Jürg Fröhlich, ETH Zurich (Switzerland). Berger, DeMarco, Griess, Schmid, and Zeitouni are members of the AMS and Fellows of the AMS. Fagin is a member of the AMS.

The NAS recognizes achievement in science by election to membership, and—along with the National Academy of Engineering and the National Academy of Medicine—provides science, engineering, and health policy advice to the federal government and other organizations. See the full list of this year's honorees. (Image courtesy of the National Academy of Sciences.)