en

Construction of the Karhunen–Loève model for an input Gaussian process in a linear system by using the output process

Yu. V. Kozachenko and I. V. Rozora
Theor. Probability and Math. Statist. 99 (2020), 113-124.
Abstract, references and article information




en

Estimation of the rate of convergence in the central limit theorem for a sequence of series in terms of averaged pseudomoments

M. M. Kapustei and P. V. Slyusarchuk
Theor. Probability and Math. Statist. 99 (2020), 101-111.
Abstract, references and article information




en

Persistence and extinction in a stochastic nonautonomous logistic model of population dynamics

O. D. Borysenko and D. O. Borysenko
Theor. Probability and Math. Statist. 99 (2020), 67-75.
Abstract, references and article information




en

Modified Euler scheme for the weak approximation of stochastic differential equations driven by the Wiener process

S. V. Bodnarchuk and O. M. Kulyk
Theor. Probability and Math. Statist. 99 (2020), 53-65.
Abstract, references and article information




en

On the product of a singular Wishart matrix and a singular Gaussian vector in high dimension

T. Bodnar, S. Mazur, S. Muhinyuza and N. Parolya
Theor. Probability and Math. Statist. 99 (2020), 39-52.
Abstract, references and article information








en

Survey on gradient estimates for nonlinear elliptic equations in various function spaces

S.-S. Byun, D. K. Palagachev and L. G. Softova
St. Petersburg Math. J. 31 (2020), 401-419.
Abstract, references and article information




en

Corrigendum to “The Łojasiewicz exponent of a continuous subanalytic function at an isolated zero”

Phạm Tiến Sơn
Proc. Amer. Math. Soc. 148 (2020), 2739-2741.
Abstract, references and article information








en

Three-dimensional noncompact ????-solutions that are Type I forward and backward

Xiaodong Cao, Bennett Chow and Yongjia Zhang
Proc. Amer. Math. Soc. 148 (2020), 2595-2600.
Abstract, references and article information




en

Discontinuous critical Fujita exponents for the heat equation with combined nonlinearities

Mohamed Jleli, Bessem Samet and Philippe Souplet
Proc. Amer. Math. Soc. 148 (2020), 2579-2593.
Abstract, references and article information




en

Classical solution of a PDE system stemming from auxin transport model for leaf venation

Bin Li and Jieqiong Shen
Proc. Amer. Math. Soc. 148 (2020), 2565-2578.
Abstract, references and article information





en

On Kalton’s theorem for regular compact operators and Grothendieck property for positive projective tensor products

Qingying Bu
Proc. Amer. Math. Soc. 148 (2020), 2459-2467.
Abstract, references and article information





en

A topology on the set of isomorphism classes of maximal Cohen–Macaulay modules

Naoya Hiramatsu and Ryo Takahashi
Proc. Amer. Math. Soc. 148 (2020), 2359-2369.
Abstract, references and article information




en

Seven things developers should do before going freelance




en

Ship's last HK passenger back home

The Security Bureau today said that the last Hong Kong resident who had contracted COVID-19 while aboard the Diamond Princess cruise ship and was hospitalised in Japan has returned to Hong Kong.

 

Immigration Department staff that assisted Hong Kong residents in Japan have completed their mission and returned to Hong Kong as well.

 

In early February, a cluster of COVID-19 infection cases occurred on the Diamond Princess cruise docked in Yokohama.

 

Of some 3,700 passengers and crew, about 370 were from Hong Kong. The 712 confirmed COVID-19 cases associated with the cruise included 76 Hong Kong residents who were hospitalised in Japan for isolation and treatment.

 

While three Hong Kong residents passed away, the remaining 73 patients returned to Hong Kong or their places of residence after being discharged from the hospital.

 

As for other Hong Kong residents on the cruise, the bureau noted that the Hong Kong Special Administrative Region Government arranged three flights, between February 19 and 23, to escort 193 of them back to the city.

 

Upon arrival, they were transferred to the quarantine centre at Chun Yeung Estate to undergo 14 days of quarantine.

 

Another 144 Hong Kong residents returned on their own via other flights, including 25 close contacts of the patients who had completed quarantine in Japan.

 

For those who returned to Hong Kong on their own and did not complete 14 days of quarantine in Japan, they were required to complete the remaining quarantine period at a quarantine centre.

 

Of the 231 cruise passengers admitted to the quarantine centre at Chun Yeung Estate, nine tested positive for COVID-19 and were sent to hospitals for isolation and treatment.

 

The Hong Kong SAR Government expressed profound condolences on the passing of the Hong Kong patients and its deepest sympathies to their families.

 

The SAR Government emphasised that the incident could not have been resolved smoothly without the staunch support of the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region, the Embassy of the People’s Republic of China in Japan and Japanese authorities.

 

The SAR Government also thanked Cathay Pacific Airways and the Airport Authority for their assistance, the bureau added.




en

HK residents back from Morocco

A total of 27 Hong Kong residents who left Morocco on a chartered flight arranged by the Chinese Embassy in the Kingdom of Morocco arrived in Guangzhou today.

 

Among them, 26 people subsequently took the coaches arranged by the Hong Kong Special Administrative Region Government to return to Hong Kong through the Shenzhen Bay Port and have arrived at AsiaWorld-Expo.

 

One Hong Kong resident chose to stay in Guangzhou for a 14-day isolation period for medical surveillance in accordance with the relevant requirements.




en

SJ backs Chief Justice's statement

Secretary for Justice Teresa Cheng today emphasised that Chief Justice Geoffrey Ma had stated he has not experienced interference from Mainland authorities.

 

Speaking to the media at the Legislative Council, Ms Cheng called on the public to read the Chief Justice’s statement in response to a media report about Hong Kong’s judicial independence.

 

Ms Cheng said: "The Chief Justice stated that since his taking office in 2010, he has not encountered nor experienced any interference from the Mainland authorities in any shape or form that affects judicial independence, including the appointment of judges.

 

"Nothing is better than the direct evidence of the Chief Justice himself telling us that there is not any such interference."




en

Arrests based on evidence

The Security Bureau said Police have the duty to take lawful measures for apprehending people when sufficient grounds exist.

 

The bureau issued the statement in response to media inquiries regarding a number of people arrested by Police today in connection with organising and participating in unauthorised assemblies.

 

It emphasised that under the Police Force Ordinance, Police have the duty to take lawful measures for apprehending all persons whom it is lawful to apprehend and for whose apprehension sufficient grounds exist.

 

The bureau noted that the relevant arrests were made based on evidence from investigations and strictly according to the laws in force.

 

It pointed out that in Hong Kong, everyone is equal before the law and that no one is above it nor can break it without facing consequences.

 

The bureau explained that if there is evidence that anyone violates the law, regardless of their status or background, they must face justice. No one has any special privileges.

 

Police will handle the case in a fair, just and impartial manner in accordance with the law, it added.




en

Treasure judicial independence: SJ

In recent times, criminal damage has been repeatedly inflicted on our court buildings through graffiti. Some went as far as making derogatory remarks against specific judges which may amount to contempt of court. It is bewildering as to what such acts could achieve except a futile attempt to undermine the very core value that we cherish and respect.

 

Judicial independence is the key building block to our society. These rampant acts and statements, and for that matter, any views expressed in society or media, would not in any way usurp the decision-making process in court proceedings, nor will they affect our judicial independence as our judges will continue to decide cases based only on evidence and law, setting out how they have arrived at such decisions in their judgments, which are available to the general public. They have taken a judicial oath to administer justice without fear or favour and it is their duty to so do.

 

Judges in Hong Kong are appointed upon the recommendation by a statutory committee comprising nine members including the Chief Justice of the Court of Final Appeal, the Secretary for Justice, two judges from the Judiciary, one barrister and one solicitor, as well as three eminent and respected members of the society not connected with the practice of law. Our judges would not be subjected to any political vetting. The only criteria upon which they are considered before appointment is the judicial and professional quality that contributes to our renowned judicial independence.

 

Judges enjoy security of tenure and immunity. Upon the appointment, district court judges and above are precluded from returning to practice in Hong Kong as a barrister or a solicitor. This “non-revolving door” system has worked well in preventing perceived potential conflicts of interest and enhances the independence of our judiciary.

 

Our judges manifest the highest professional and judicial quality as well as impartiality through the reasoned judgments that they deliver. Hong Kong cases are often cited in overseas jurisprudence evidencing the confidence and respect of the global legal community in Hong Kong’s judicial and legal systems.

 

The institutional framework described above, the guarantee of judicial independence explicitly set out in the Basic Law and the quality of our judgments contribute to the much respected judiciary and rule of law in Hong Kong. To top it all is that eminent and highly respected judges from apex court of other common law jurisdictions sit on our Court of Final Appeal as non-permanent judges. They sit on all types of cases, from commercial, criminal to constitutional and have witnessed Hong Kong’s system in administering justice.

 

One of our non-permanent judges of the Court of Final Appeal, the Right Honourable the Lord Neuberger of Abbotsbury (former President of the Supreme Court of England and Wales who presided over the Brexit case), pointed out in a seminar in 2017 that his own direct experience as a non-permanent judge since 2010 proved that the Permanent Judges of the Court of Final Appeal are as institutionally independent and impartial. He also said that he has every reason to believe that this is equally true of the judges in the other courts of Hong Kong. He even said he would not be sitting in the Court of Final Appeal if he had any serious concerns about judicial independence or judicial impartiality in Hong Kong.

 

More recently, the Right Honourable Beverley McLachlin, PC, another non-permanent judge of the Court of Final Appeal and also a retired chief justice of Canada, described in an interview that Hong Kong’s law is very rigorously applied, the judges are of high calibre, it is a very high level of judging, and the court is independent.

 

These remarks from eminent and respected judges from around the world speak volume about Hong Kong. One cannot help but be perplexed as to why some chose to try to undermine these core values baselessly and insidiously. It behoves each of us, in particular the legal sector including the two branches of the legal profession, to protect our judicial independence that underpins Hong Kong’s success and encourage others to join hands through our own sphere of influence. It is high time we bring back the Hong Kong we are familiar with.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on January 5.




en

HK resilient in face of unrest: CE

We are less than two weeks into the new year and already, geo-political concerns, large and alarming, dominate the news. Still, I believe the year ahead will mark a milestone for Asia. Asian economies, in terms of purchasing power parity, will become larger than the rest of the world combined for the first time since the 19th century. That represents a quantum leap from about one-third just two decades ago. Asia this year will also be home to half of the middle class of the world. That heralds enormous business opportunities for the world at large. Indeed, Asia, powered by Mainland China, has for some time been a global growth engine.

 

Hong Kong, with its strategic regional location, and its extensive, ever-deepening cultural and financial links with the Mainland, is China's international financial centre, contributing to the sustainable progress of the country, the region and the world.

 

In pursuing sustainable development, quality as well as quantity counts. Today's economies are exploring growth through innovation and technology, while seeking inclusiveness. They are, to be sure, hard-won goals given the unprecedented challenges we've faced over the past two years: the global economic slowdown, trade disputes among major economies, geopolitical uncertainties and local issues. But if we cannot direct the wind, we can surely adjust our sails, which has been what we are doing here in Hong Kong. Thanks to lessons learned and measures implemented, particularly since the Asian financial crisis, Hong Kong's financial system remains stable and remarkably successful.

 

Globally competitive

Our core competitiveness, and our status as one of the world's premier financial centres, continues to be internationally recognised. Last September, we again ranked third in the world in the Global Financial Centres Index, just behind New York and London. That's a compelling statement of confidence in our freely convertible currency, our world-class banking system and stock market and the professionals who power our financial sector. It's a telling reflection of our strategic geographic location and sophisticated connections to global financial markets. It's recognition, too, of the free flow of capital within, into and out of Hong Kong, as enshrined in Article 112 of the Basic Law. More than capital flows, information and people also move effortlessly in and out of Hong Kong.

 

People around the world are confident in our regimes. They take reassurance in our trusted and bilingual common law system, our sound financial regulatory framework, low taxes and deep connections with the Mainland and the rest of the world. It helps, too, that Hong Kong again topped the world in 2019 in funds raised through initial public offerings, taking in about US$40 billion in 2019. That marked the seventh time in the past 11 years in which Hong Kong has led the world in IPOs.

 

Hong Kong is also the first international financial centre to have laid down a clearly-defined and comprehensive regulatory regime for listed companies with weighted voting rights structures and additional corporate governance and disclosure requirements. It's clearly working. Hong Kong is now the second-largest fundraising venue in the world for biotech companies. And, of course, the Alibaba Group Holding's secondary listing on our stock market in late November was one of the world's biggest stock offerings of 2019. The decision by the e-commerce giant - one of the Mainland's largest e-commerce companies and Asia's most valuable listed companies - may well encourage other Mainland enterprises listed elsewhere, to expand their investor links into the Asian region, with Hong Kong as their base.

 

Then there's the Guangdong-Hong Kong-Macao Greater Bay Area development. With a population of 71 million and a combined GDP of US$1.6 trillion, the Greater Bay Area and its huge market potential present boundless promise for Hong Kong, particularly our financial services sector.

 

Innovation will drive development in the bay area. Measures will be rolled out to expand the flow of capital and people, opening up new markets and business opportunities thanks to enhanced connectivity. Among others, with the support of the Central Government, especially a Leading Group on the Greater Bay Area development chaired by the Vice Premier Han Zheng, a two-way wealth management connect scheme is being drawn up to meet the cross-boundary, wealth-management needs of residents in Hong Kong and the rest of the bay area.

 

Coupled with the Belt & Road Initiative, the bay area development will ensure long-term prospects for Hong Kong's economy. Through these two national policies, Hong Kong will enhance its role as the business bridge between the Mainland and the rest of the world. I'm talking here of our status as a leading fundraising centre, the world's largest offshore renminbi business hub and a premier asset and wealth management hub.

 

We are no less committed to Hong Kong's development as a green finance centre. In May 2019, we issued our inaugural green bond under the Government Green Bond Programme. And, with the introduction of a Green Bond Grant Scheme, which subsidises green bond issuers in obtaining certification under the Green Finance Certification Scheme, green bonds issued and arranged in Hong Kong in 2018 reached US$11 billion. A good start, I'd say, in creating financial programmes that also pay off in environmental benefits for our sustainable development.

 

We are hard at work as well on enabling development of our capital markets. Our open-ended fund company regime has been in operation since end-July 2018. And since last April, onshore and offshore privately offered funds can enjoy profits tax exemption under our tax law.

 

We're also building on our mutual recognition of funds arrangement. It now covers six economies: the Mainland, Switzerland, France, the United Kingdom, Luxembourg and the Netherlands. Such connections will strengthen our role as the world's premier offshore renminbi hub and wealth management centre.

 

Our connectivity with the Mainland is also enhanced through such financial schemes as Hong Kong-Shanghai Stock Connect, Hong Kong-Shenzhen Stock Connect and Bond Connect. Since its inception, in late 2014, stock connect has realised cumulative net transactions of about US$150 billion in the Mainland and over US$130 billion in Hong Kong.

 

We continue to diversify our fund structures. Among other things, we are working on a new regime of limited partnership for the registration of private equity funds. We are also enhancing Hong Kong's status as an international insurance and risk-management hub. And, to broaden the range of risk-management offerings in Hong Kong, we plan to enable the issuance of insurance-linked securities, including catastrophe bonds. Moreover, we will expand the scope of insurable risks by captive insurers in Hong Kong to meet the risk-management needs of multinationals.

 

To exemplify our commitment to technology, last year, we issued eight virtual banking licences, as well as two virtual insurer licences. These can spur financial innovation, while boosting customer experience and building financial inclusion. And our Faster Payment System, launched in 2018 to enable instant payment, now handles about 168,000 transactions, totalling more than US$307 million, a day.

 

Bridging East and West

We've been busy making the most of Hong Kong's manifold advantages. In creating connections between businesses, investors and financial markets, East and West, we help you excel. That is also the great strength of the Asian Financial Forum (AFF), bringing East and West together for two intensive days of the latest information and intelligence, deliberation and debate, networking opportunities and business promise.

 

This year's AFF is, as always, packed with panel discussions and workshops on financial policy, asset and wealth management, insurance, sustainable finance and deal-making sessions. As fintech continues to shake up the financial world, the AFF continues to expand its focus on fintech. This year, we launch the FintechHK Startup Salon, showcasing promising business ideas from fintech startups. It builds on the success of last year's Fintech Showcase, which returns with more than 60 fintech startups. And there's even more on offer this year in areas, ranging from global trade finance to environmental, social and governance, profit with purpose and succession planning for family corporations.

 

It gives me great pleasure, as well, to tell you that your keynote luncheon speakers today and tomorrow, respectively, are Dr Janet Yellen, formerly the Chair of the US Federal Reserve System's Board of Governors, and Prof Abhijit Banerjee, the 2019 Economics Nobel laureate. I am honoured that they come to Hong Kong and offer us their insight and their inspiration.

 

The forum is part of International Financial Week in Hong Kong, which brings together some 16 events covering everything from private equity and fund-raising to alternative investment and advertising strategies for financial concerns. A trip to Shenzhen is also featured this year, with visits to leading financial services and technology companies. Shenzhen, of course, is our close partner in the bay area and a global pacesetter in technology.

 

The Asian Financial Forum symbolises Hong Kong's wide-ranging strengths and resilience as an economy and a community. These strengths and resilience, just like our financial systems, have not been undermined despite that we have experienced considerable social unrest and challenges in recent months. Through the concerted efforts of the Government, and the people of Hong Kong, I am confident that we will bridge our divide, that we will realise the common goal of a reunited community and a flourishing economy.

 

Chief Executive Carrie Lam gave these remarks at the 13th Asian Financial Forum on January 13.




en

Unlocking HK’s business potential

To counter our adverse economic conditions, I have unveiled four sets of relief measures since last August. Totalling some $25 billion, the funds are focused on supporting businesses and lightening the burden weighing on the people of Hong Kong.

 

Meanwhile, we will continue to reach out to the community. Through wide-ranging dialogue communication and the pursuit of policies that address the deep-seated issues at the heart of our divide, I am hopeful that together we will find a path to peace and prosperity.

 

From an economic perspective, there is reason for optimism. I am heartened by the confidence private equity investors have shown in us. In the third quarter of 2019, some 560 private equity companies here managed US$153 billion.

 

We have nearly 50 more private equity (PE) firms based here when compared with the previous quarter. Among the world's top 10 PE fund managers, nine have a presence here in Hong Kong. That, ladies and gentlemen, underlines Hong Kong's formidable strengths in the Asian PE market. In that we trail only Mainland.

 

By channelling capital into corporations and startups in the innovation and technology field, PE and VC (venture capital) funds may well become as important as banks and IPO markets one day.

 

This Government is determined to help unlock the vast potential of the asset and wealth management business, because we believe you are critical to ensuring Hong Kong's status as one of the world's leading financial centres.

 

Fund-service centre 

That is why we have been stepping up efforts to sharpen Hong Kong's competitive edge on asset and wealth management through a multi-pronged approach including: (a) diversifying our fund structures and streamlining the licensing process to encourage fund formation; (b) adopting a more user-friendly approach to attract family offices; (c) providing a more facilitative tax environment for funds; and (d) expanding our fund distribution network through deepening our mutual access arrangements with other major financial markets.

 

On fund structure, the long-awaited, limited-partnership fund regime is close to reality, thanks in part to your favourable feedback. Indeed, we are now developing the necessary legislation. Because of the current filibustering at the Legislative Council, the tabling of the legislation got a little delayed, but it remains our top policy priority for the rest of this year to put this forward.

 

We are confident that the new regime will attract PE and VC funds, and we count on your support for that. With the new regime in place, we aim to bring in as many offshore funds as possible onshore to Hong Kong. We are well positioned to capture the opportunity arising from what happened on the international front over tax base erosion. This is mutually beneficial to Hong Kong as a fund hub and also the PE industry at large as you search for a new home for the funds you manage.

 

PE and VC funds, whether onshore or offshore, have enjoyed a profits tax exemption since last April. A tax-exempt fund can invest in local and overseas private companies. Hong Kong, by now, has a tax regime at fund level that is competitive and caters to the needs of the PE industry. I fully understand that resolving the tax issues at fund level is not enough in itself. It is of even greater importance to tackle head-on the tax arrangement for investment managers. This is a hard nut to crack, but one that I am determined to look into and come up with solutions that will strengthen Hong Kong's position as a leading fund hub with one of the most competitive tax arrangements for investment managers in the PE industry.

 

The significance of the limited partnership fund regime in completing Hong Kong's fund manufacturing infrastructure is underpinned by its precursor - the open-ended fund company regime. Since its operation in July 2018, a number of open-ended fund companies have sprouted. The SFC (Securities & Futures Commission) is also looking into how to make the regime more business-friendly to facilitate the take-up.

 

In short, the Government and our regulators are committed to developing Hong Kong into a full-fledged fund-service centre.

 

We are equally intent on expanding our fund-distribution network. We continue to expand our Mutual Recognition of Funds arrangements. Last year, Luxembourg and the Netherlands joined existing partners, the Mainland, Switzerland, France and the United Kingdom. More international partnerships will follow.

 

Family offices
Hong Kong is also an ideal location for the establishment of family offices, and we are boosting our promotional efforts in this regard.

 

The Hong Kong Monetary Authority and InvestHK will provide comprehensive services to attract family offices to Hong Kong. The SFC has also recently issued licensing guidance for PE firms and family offices. This will enhance clarity and would help address the industry's concerns.

 

Without a steady flow of talented professionals, of course, we will not be able to cash in on all the opportunities there for us. That is why the Government's Pilot Programme to Enhance Talent Training for the Asset & Wealth Management Sector has been supporting the industry since 2016.

 

I encourage you to offer exposure, opportunity and jobs for our youth. To give them a stake in the society through the programme.

 

Business bridge 

Zooming out a bit, the Government will continue to boost Hong Kong's singular advantage as the business and financial bridge between international markets and investors and their counterparts on the Mainland.

 

To that end, we continue to emphasise the established channels - our Stock Connects, Bond Connect and the Mutual Recognition of Funds arrangements. We will also strengthen our position as the global offshore Renminbi business hub.

 

Then there is the Guangdong-Hong Kong-Macao Greater Bay Area Development, and the extraordinary opportunity that it presents to Hong Kong.

 

With a GDP in excess of US$1.6 trillion and more than 70 million prosperous consumers, the Greater Bay Area presents vast potential for the asset and wealth management sector. For each and every one of you. The establishment of a Greater Bay Area wealth-management connect scheme, which was, as you know, recently announced, will go a long way towards realising that promise.

 

Our regulators are working out the details with their counterparts on the Mainland, and we will keep you posted and we are determined to push that forward as soon as possible. 

 

Financial Secretary Paul Chan gave these remarks at the Asia Private Equity Forum 2020 on January 15.





en

Harnessing Budget's strengths

The Financial Secretary just delivered the latest Budget on Wednesday. The Department of Justice would foster the policy initiatives relating to "Diversified Economy" and continue our ongoing works. The Inclusive Dispute Avoidance & Resolution Office (IDAR Office, email: idar@doj.gov.hk), which was set up in January last year, is to better co-ordinate and implement initiatives in the areas of dispute avoidance and resolution, thereby further consolidating our position as an international legal and dispute resolution services centre in the Asia-Pacific region.

 

The Department of Justice has always been actively striving for the presence of international dispute resolution bodies in Hong Kong in order to meet the upsurge in demand for legal and dispute resolution services arising from the Belt & Road Initiative and the Greater Bay Area Plan. Their presence in Hong Kong would also enhance our status as a leading centre for international legal and dispute resolution services. With the support of the Central People's Government, we are now exploring the possibility for the Asian-African Legal Consultative Organization (AALCO) to establish a regional centre for international commercial arbitration in Hong Kong.

 

Last year, the inter-sessional meetings of the Judgments Project of the Hague Conference on Private International Law were successfully concluded in Hong Kong. This invaluable experience has reinforced our determination in looking for decision-making meetings of international and intergovernmental organisations to be held in Hong Kong, including hosting the 59th Annual Session of AALCO and an intersessional meeting of UNCITRAL's Working Group III this year. High ranking government officials and legal experts from member states would take part in these meetings to discuss matters such as maritime law and cyber space law.

 

In addition, we are committed to strengthening Hong Kong's status as a regional capacity building centre which seeks to enhance legal infrastructure in the neighbouring regions and facilitate cross-border mobility and business activities. For instance, the Department of Justice organised the Investment Law & Investor-State Mediator Training Course for two consecutive years since 2018. World-renowned trainers were invited to share with the participants their experience in international investment law and investor-state mediation. We would be stepping up our efforts in organising capacity building courses in dispute resolution.

 

At the same time, the Department of Justice has reached an agreement with the Hague Academy of International Law, one of the world's leading academic institutes on international law, to support them in organising law courses in Hong Kong regularly in collaboration with the Asian Academy of International Law from this year. We anticipate this cooperation would provide Hong Kong and the neighbouring regions with high quality training for legal professionals, which helps further raise our international profile.

 

Looking ahead, colleagues in the Department of Justice would keep pursuing co-operation or partnership agreements with other jurisdictions and international organisations and host important events in Hong Kong, with a view to raising the international profile of Hong Kong in deal-making and dispute resolution through overseas capacity building and promotional activities.

 

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




en

A new experience in virtual mooting

Hong Kong has, for the first time, held the Willem C Vis (East) International Commercial Arbitration Moot (VEM) through an online platform amidst the COVID-19 pandemic. While most of the competitions in other jurisdictions have been cancelled or postponed due to challenges posed by the pandemic, the 17th VEM was the only international mooting which went ahead as scheduled through an online dispute resolution (ODR) platform.

 

Though the outbreak of COVID-19 has changed our travel patterns and presented many challenges, advance in modern technology has helped us to address them. For the first time in the moot’s history, the mooting competition was conducted completely online with the support of Electronic Business Related Arbitration & Mediation (eBRAM). The platform supported by eBRAM accommodated 71 teams from 21 jurisdictions and about 250 arbitrators from 52 jurisdictions to take part in the moot which started on March 22. This exemplifies the importance of technological developments in the legal field.

 

The audience, with the latest lawtech support by eBRAM, watched the lively and intensive oral arguments online with participants of the finalists showing considerable flair and aptitude in trying their best to present their case to an international panel of distinguished arbitrators. The Chinese University of Hong Kong won the competition after rounds of rigorous and remarkable oral submissions before the panel.

 

The Government has always been supportive of the development of lawtech spearheaded by, amongst others, eBRAM, which is expected to be launched this year to resolve cross-boundary disputes online. If funding is approved by the Legislative Council Finance Committee on time, eBRAM would be able to provide an efficient, cost-effective and safe online platform for deal-making and resolution of cross-boundary commercial and investment disputes. We understand that eBRAM also plans to develop an online dispute resolution platform to support cross-boundary business-to-business transactions in the Asia-Pacific Economic Cooperation region.

 

We would continue to offer our support to the VEM as part of our legal education campaign. However, the VEM would not have been held smoothly without the technical support provided by eBRAM and also the tenacity and determination displayed by the Vis East Moot Foundation. The successful conclusion of the moot proved that Hong Kong has the capability of developing lawtech.

 

Changes are inevitable, including technological changes. The COVID-19 pandemic posed new challenges to Hong Kong, but it also provides an opportunity for us to explore lawtech in the provision of legal services. We all should join hands to make the best use of the technologies to develop ODR to assist all parties in resolving disputes in an efficient, effective and fair manner with a view to bringing rule of law and justice for all.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on March 31.




en

Tech enhances legal sector

The onset of COVID-19 has severely affected our economy and the legal sector was not spared. I have discussed with some of the representatives from the industry and we have carefully considered their suggestions with relevant government departments.

 

On Wednesday, the Government announced another package of measures to support individuals and businesses affected by COVID-19. Two of the measures are relevant to the legal sector: the establishment of LawTech Fund and the COVID-19 Online Dispute Resolution (ODR) Scheme. Today, I would like to share with you the arrangement of the LawTech Fund.

 

The Government always attaches great importance to LawTech. In her 2018 Policy Address, the Chief Executive supported the development of an online platform by non-government organisations to facilitate the provision of efficient and cost-effective online dispute resolution services in Hong Kong. The Government would allocate funding for the development of this project.

 

At the Ceremonial Opening of the Legal Year 2019, I emphasised the importance of making use of technology in providing legal services, citing the United Nations General Assembly in 2016 in observing that online dispute resolution "can assist the parties in resolving the dispute in a simple, fast, flexible, and secure manner, without the need for physical presence at a meeting or hearing". The Asia-Pacific Economic Cooperation had responded to the call and embarked on a project to establish an ODR framework with micro, small and medium-sized enterprises as major beneficiaries.

 

Almost 18% of the annual caseload of the courts at all levels have been affected in the first two months of the General Adjourned Period since January 29. The Judiciary has earlier started using video-conferencing facilities for remote hearings on suitable civil cases at the High Court. The media reported the first hearing conducted through video-conferencing, quoting the legal representatives of both parties being supportive of the Judiciary's new measures in view of the low cost and smooth operation.

 

Given the severe impact brought by COVID-19, the Judiciary has been exploring the use of various technological means in conducting different types of hearings to address the growing backlog of cases caused by the postponement of hearings. The legal sector should also take this opportunity to review the wider use of LawTech and enhance their technological capability. The Government introduced the LawTech Fund, which aims to assist some small and medium size law firms/barristers' chambers in procuring and upgrading information technology systems (such as video-conferencing facilities) and attending LawTech training courses. This will be conducive to the promotion of use of technologies in the provision of legal services.

 

Under the scheme, law firms and chambers with not more than five practicing lawyers are eligible for application. Each firm/chamber will be eligible for a reimbursable amount of up to $50,000. Application for the fund will be jointly administered by the Law Society of Hong Kong and the Hong Kong Bar Association. The details will be announced soon and the fund will be opened for application next month.

 

Other measures announced by the Government include: Enhancement of SME Financing Guarantee Scheme, Employment Support Scheme under which the Government will provide wage subsidy to eligible employers to retain employees (details will be available soon), as well as the creation of some time-limited jobs by the Department of Justice.

 

Government measures alone, however, would not be adequate. We must all stand united in solidarity to fight the virus and support Hong Kong.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 11.




en

Prosecutions free from interference

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.




en

Cultural Centre fun day set

To celebrate the 30th anniversary of the Cultural Centre, the Leisure & Cultural Services Department will hold a fun day from noon to 5.30pm on November 9.

 

The centre’s venue partners, the Hong Kong Chinese Orchestra, the Hong Kong Philharmonic Orchestra, the Hong Kong Ballet and Zuni Icosahedron will use the latest technology in the foyer to present Western and Chinese music, a ballet performance and sound and scene recreation of the former Kowloon-Canton Railway Station.

 

At the piazza areas, more than 40 dancers will perform works by acclaimed and emerging choreographers and lead visitors to discover every corner of the centre.

 

Artist Enoch Cheng will curate "Unseen Scene" in the backstage area to display the magic behind a show through music, dance, projections and other special performances.

 

Additional programmes will include the Stage & Technology Workshop and the 30th anniversary exhibition "Traces of the Past & Future".

 

Besides free events on the fun day, the centre will hold a celebratory concert at 8pm on November 29 and 30. Pieces specially selected from the repertoire of the centre's opening concert 30 years ago will be presented.

 

Click here for details.




en

Sun Yat-sen museum fun day set

The Dr Sun Yat-sen Museum will hold a fun day on November 10 to commemorate Dr Sun's revolutionary journey and enhance public knowledge of the museum.

 

A variety of activities including a concert, birthday cake motif cardholder workshop and cosplay will be provided.

 

There will also be virtual reality games and a display of early textbooks for visitors to learn more about Dr Sun's school life in Hong Kong.

 

In addition, a cultural tour will be held on the Dr Sun Yat-sen Historical Trail. Prior registration is required.

 

Visitors can also tour the museum's permanent exhibits which comprise precious historical artefacts and a wide range of audiovisual programmes.

 

Admission is free.

 

Click here for details.




en

Art museum to reopen on Nov 30

The Hong Kong Museum of Art will reopen on November 30 with 11 new exhibitions, after major expansion and renovation.

 

Ordinary to Extraordinary: Stories of the Museum, an exhibition of gems from the museum's collection, will showcase exceptional works curated from its four core collections - Chinese Antiquities, Chinese Painting & Calligraphy, China Trade Art, and Modern & Hong Kong Art.

 

Museum of Art Director Maria Mok said that by sharing the fascinating stories behind these works, the exhibition will help visitors discover little-known anecdotes about the museum throughout the 57 years since its founding.

 

The exhibition From Dung Basket to Dining Cart: 100th Anniversary of the Birth of Wu Guanzhong will showcase more than 100 of the artist’s paintings to not only honour his contributions to Chinese art, but also pay tribute to his artistic pursuits spanning over half a century.

 

The development of Hong Kong art has been a unique local experience.

 

The Hong Kong Experience‧Hong Kong Experiment exhibition makes use of the museum's collection accumulated over half a century to capture all these different experiences and experiments, portraying the development of Hong Kong art.

 

The museum has been closed since August 2015 for renovations to increase exhibition space and upgrade its facilities.

 

After the expansion, its total exhibition area will increase from about 7,000 to 10,000 sq m and the number of galleries will increase from seven to 12.

 

Click here to reserve admission time slots.




en

Astronomical events exhibit set

The Space Museum is staging a special exhibition 2020 Astronomical Events to highlight six major astronomical events happening this year.

 

The events include grouping of the four planets with the moon in late March, the serial phenomena of Jupiter's moons on June 11 and 12, and the partial solar eclipse on June 21.

 

Information on the Perseid meteor shower in mid-August, the Geminid meteor shower in mid-December and the Jupiter-Saturn conjunction on December 21 will also be featured.

 

The exhibit explains details and phenomena of these events, while serving as a practical guide to help visitors pick the best dates, times, locations and tools to observe them.

 

It will run until September 21 in two phases. The first three events will be presented during the first phase from January to June, while the second phase events will be shown from June to September.

 

Admission is free.

 

Call 2721 0226 for enquiries.




en

Cultural centre art proposals invited

The East Kowloon Cultural Centre Public Artwork Commissioning Project is inviting artists, designers and architects to create an art landscape for the centre.

 

Presented by the Leisure & Cultural Services Department and organised by the Art Promotion Office, the project endeavors to capture and showcase the past, present and future of East Kowloon.

  

The commissioned artworks will represent five themes - memory, impression, moment, dream and imagination - aiming to display the district’s changing nature, and to manifest the local community’s cultural sustainability, aspirations and dreams.

 

Interested participants must submit their preliminary proposal with their curriculum vitae, documentation of their previous artwork and the artistic concept of the proposed artwork.

 

All proposals must be delivered to the centre’s Public Art Project Management Team at G/F, 50-54 Lok Ku Road, Sheung Wan before 7pm on May 4.

 

Participants shortlisted by the selection panel are required to submit detailed proposals before 7pm on June 30 for the next stage of the selection process.

 

Up to three proposals shall be chosen by the selection panel for commissioning and installing in the centre.




en

Online activities centre launched

The Leisure & Cultural Services Department launched a one-stop online resources centre today for the public to view or participate in multi-faceted leisure and cultural activities from the comfort of their homes.

 

The online resources centre offers demonstrations of home exercises as well as videos of exercise demonstrations and Healthy Exercise for All Campaign interactive games.

 

The information portal carries knowledge on the plants and animals at the Zoological & Botanical Gardens, old and valuable trees at the department's major parks and colourful Hong Kong Flower Show archives.

 

The Museum of Art and the Heritage Museum are collaborating with the Google Arts & Culture Project to showcase exhibits in a digital format.

 

There are also virtual exhibitions that explore previous fascinating collections at the History Museum and the Science Museum.

 

While extensive content from intangible cultural heritage and modern arts integrating into life from Oi! is also included.

 

The Hong Kong Public Libraries offers vast e-resources allowing people to explore fun reading at home.

 

On the performing arts front, digital content covers concert archives from the Hong Kong Philharmonic Orchestra, Hong Kong Chinese Orchestra and Hong Kong Sinfonietta.




en

Listening

“Listening is an art that requires attention over talent, spirit over ego, others over self.” Dean Jackson It’s hard to understand what we haven’t experienced or lived. Particularly, it is hard to make decisions that affect others when we don’t … Continue reading




en

Offensive Words/Phrases: Who Should Know Better?

Required reading for any academic is Philip Roth’s “The Human Stain.” In the first few pages an older, tenured professor is “forced to retire.” Why? There were two students who never were present when he called roll. Even after roll … Continue reading





en

Topology and Elementary Electric Circuit Theory, I




en

Topology and Elementary Electric Circuit Theory, II: Duality




en

Puppies, Kittens, and the Golden Ratio




en

Points, Lines, and Incidences




en

HKTDC helps SMEs amid unprecedented challenges

With the novel coronavirus expected to further impact Hong Kong’s already slowing economy, the Hong Kong Trade Development Council (HKTDC) is working hand in hand with local small and medium-sized enterprises (SMEs) to brave the...




en

Hong Kong Trade Development Council welcomes new Budget

Chairman of the Hong Kong Trade Development Council (HKTDC) Dr Peter Lam welcomes the new 2020-21 Budget, including the additional HK$150 million funding to the HKTDC to help Hong Kong businesses find new opportunities and to help the...




en

Exporter confidence hits record low amid COVID-19 outbreak

The confidence level of Hong Kong’s exporters has fallen to its lowest-ever level in the face of a triple challenge – the COVID-19 outbreak, softening global demand and lingering trade tension between the United States and Mainland...