Sara Maloni and Frédéric Palesi
Conform. Geom. Dyn. 24 (2020), 68-108.
Abstract, references and article information

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.

The Immigration Department today announced that aside from its Smart Identity Card Replacement Centres (SIDCC) service and passenger immigration clearance service, it will resume full public services on May 4.

 

Due to the COVID-19 epidemic, the services of the nine SIDCCs had been suspended earlier.

 

Around 640,000 people could not replace their Hong Kong identity cards during their specified periods and about 90,000 people are waiting to collect their new identity cards.

 

To allow affected people to apply for and collect identity cards in an orderly manner, the SIDCCs will first provide identity card collection service and arrange applicants born in 1957 to 1961 who had made appointments before to have their cards replaced once the service resumes.

 

Other applicants are advised to make appointments to replace their identity cards if they have not done so before.

 

The department plans to revise designated replacement periods for identity card holders born in 1957 to 1963 and between 1970 and 1976.

 

Details will be announced later. For enquiries regarding identity cards, call 3521 6565.

 

Additionally, passenger immigration clearance services at immigration control points except for the Hong Kong International Airport, Shenzhen Bay and Hong Kong-Zhuhai-Macao Bridge Control Points will remain suspended until further notice.

 

Call 2824 6111 or send an email for enquiries.

The violence and vandalism in recent months sparked a crisis of confidence of our rule of law. The so-called justice lawbreaking or civil disobedience is never justified under the law. I urge all of you not to engage in any illegal activities.

 

The Court of Final Appeal in its judgment (FACC8-10/2017) pointed out that: (1) unlawful assemblies involving violence, even a relatively low degree, will not be condoned and may justifiably attract sentences of immediate imprisonment in the future; and (2) little weight will be given to the mitigation that the offending act was committed in the exercise of constitutional rights or acts of civil disobedience because the fact of a conviction will necessarily mean the offender has crossed the line separating the lawful exercise of his constitutional rights from unlawful activity subject to sanctions and constraints.

 

There are suggestions that deliberate lawbreaking might be considered to achieve objectives, however, this would bring a wrong concept of the rule of law. The escalated violence and vandalism in the last few months have also undermined the perception of the rule of law among the public. My colleagues and I would promote and publicise the correct concept of the rule of law to the citizens through different channels. In analysing the current situation, I hope that we all could remain reasonable and objective by keeping an open mind, being informed and considering all relevant facts before coming to a conclusion.

 

Our rule of law has been highly regarded, and such an achievement was not easy to come by. We should all join hands to cherish and safeguard our rule of law. Abiding by the law is one of the many obligations that ought to be observed by the public. Law exists in practice but it should not only be practised by lawyers, judges and governments. More importantly, the rule of law should be observed and respected by the community as a whole. The Government would continue to be strongly committed to upholding the rule of law.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on December 22.

On this last Sunday of 2019, I wish every Hong Kong citizen a warm, peaceful and hopeful year 2020.

      

A New Year holds welcome promises of a fresh start and a new beginning. The New Year is also traditionally a time for planning, greeting, reminiscing as well as some soul and heart searching.

      

I believe that many of you would share my feeling that the year 2019 has been a year of unremitting shocks and turbulence to our community and our economy. Indeed, it has been a severely testing time for all in Hong Kong.

      

It all began with the introduction into the Legislative Council of the bill to amend the Fugitive Offenders Ordinance in April. Responding to strong public sentiment, the Government suspended all work on the bill in mid-June and declared its death in early July. On September 4, the Chief Executive announced the bill's withdrawal. This was done on October 23 when the Legislative Council resumed normal business.

Despite this, the public protests which began as largely peaceful and orderly marches in June soon got out of control. Unprecedented violence and reckless destruction became the norm. Radical protesters attacked police officers as well as police stations and facilities with petrol bombs, iron bars, bricks and chemicals. Some even used high-tension slingshots, bows and arrows. During the past six months or so, over 2,600 people were injured in the social unrest, including over 500 police officers.

            

Meanwhile, public infrastructure and transport including a cumulative total of 85 heavy rail stations and 62 light rail stations, as well as countless shops, restaurants and shopping malls had been repeatedly vandalised. More so, nearly 21,000 square metres of paving blocks from footpaths were ripped up and used as weapons to attack Police. Over 52,000 metres of roadside railing were removed and 740 sets of traffic lights destroyed.

      

Last month, masked protesters battered the Hung Hom Cross-Harbour Tunnel, shutting it down for two full weeks. This vital city artery normally carries 110,000 vehicles a day, accounting for some 43% of the daily cross-harbour vehicular flow. It took a total of 800 government staff and contractor's workers some 100 hours to carry out emergency repair round-the-clock before the tunnel could be reopened. At the same time, nearby Polytechnic University was overrun by radical protesters. The same happened to the Chinese University.

      

Apart from recklessly damaging our universities, violent protesters turned the two campuses into arsenals on a frightening scale. When the last of the protesters finally left the universities, Police seized altogether nearly 8,000 petrol bombs plus numerous explosives, hundreds of bottles of corrosive liquid and weapons of all sorts.

      

This level of premeditated and organised destruction and violence could hardly be tolerated in any country or economy that upholds the rule of law. Hong Kong, I am proud to say, is among those economies that believe passionately in the primacy of rule of law. It safeguards our economy, our community, our families and our way of life.

      

In fact, the rule of law is among Hong Kong's much cherished core values, alongside our fiercely independent judiciary, clean government, level playing field for business and enviable freedoms. These freedoms, as enshrined in the Basic Law and the Hong Kong Bill of Rights Ordinance, include freedom of speech, of the press and free flow of information; freedom of association and assembly; free trade and free port; free flow of capital; freely convertible currency; freedom of religious belief and free education. We have also been the freest economy in the world continuously for 25 years. The unique "one country, two systems" formula has been functioning well and we enjoy the best of both worlds.

      

Despite the recent social unrest which has affected our economy and labour market, Hong Kong's institutional strengths remain robust and intact. Our fundamentals stay sound and strong. We still enjoy a high rating in various areas by international think tanks and agencies. Allow me to say that whilst Hong Kong may not have the full semblance of Western democracy, we do enjoy for a very long time the full substance of real freedom which underpins Hong Kong's success.

      

Over the past six months, most of the requests for public meetings, processions and protests were given the greenlight by Police. During these public events, be it small or large, Police had dutifully facilitated and ensured the safety of protesters and other road users. When the requests were not approved, it was generally a decision made in the hopes of preventing violence, ensuring peace and public order, as our society has every right to expect of its police and its government.

      

On November 24, we witnessed a peaceful and orderly District Council Election with a record high turnout and voting rates. My colleagues and I are looking forward to working with all new District Council members. We also look forward to expanding our dialogue with the community. While we will continue to engage different sectors of society through our usual channels, the Government will broaden and rejuvenate our communication with the public. Less than two weeks ago and after the one by the Chief Executive in September, my Principal Official colleagues have started a dialogue with the public through Facebook live. You will certainly see more of us listening and responding to people's views and concerns on these and other communication channels in the coming year.

    

We are also establishing an Independent Review Committee comprising experts and community leaders. The committee will look into the causes and full circumstances of the social unrest and probe into Hong Kong's deep-seated social conflicts, from affordable housing, land supply, wealth gap, upward social mobility and opportunities for our young people to social justice. The committee will recommend ways to address the real and long-entrenched community concerns that underlie the discord.

 

Meanwhile, our economy is inevitably affected by the twin blows of social unrest and the trade dispute between the United States and the Mainland. Businesses and people of Hong Kong are yearning for the restoration of peace and order soonest possible, and the recovery of our economy.

      

In response, the Government has launched four rounds of relief measures since August. These added up to more than $25 billion. A number of the measures which will benefit grassroots families and small and medium enterprises will be implemented at the beginning of the New Year.

      

These relief measures would not solve our economic problems. Yet, they could help businesses and people of Hong Kong stay afloat while we strive to heal our divided community and battered economy.

      

There are deep-seated issues that we must acknowledge and resolve if we are to end the prolonged social unrest that has shaken the familiar Hong Kong which we all love and cherish. We must be patient and perseverant in helping our city to heal, one step at a time.

      

The past six months have been tough for us, but we will soldier on. Hong Kong is a remarkably resilient and resourceful international city with a strong can-do spirit. We have a New Year waiting for us. We have new and expanded channels of communication opened up for us. We expect the first report of the Independent Police Complaints Council to come out soon. And we have research and concrete recommendations of the Independent Review Committee ahead of us. Working together, I am confident that we can rebuild, reclaim and rejuvenate the remarkably resilient spirit of Hong Kong.

      

On this note, I wish all of you a New Year blessed with peace, harmony and goodwill.

 

Chief Secretary Matthew Cheung gave these remarks on RTHK's "Letter to Hong Kong" programme aired on December 29.

After the outbreak of the novel coronavirus, the Government has announced a series of prevention and control measures to reduce the risk of spread of the disease in the community. Compulsory quarantine, on the basis of a public health emergency (under Cap. 599 Prevention & Control of Disease Ordinance), is one of the measures in place. From February 8 onwards, all people entering Hong Kong from the Mainland, including Hong Kong residents, Mainland residents as well as other visitors, are required to be subject to mandatory quarantine for 14 days upon their arrival. Even if they are entering from other places, if they have visited the Mainland over the past 14 days, mandatory quarantine is still applicable upon their arrival. Anyone who violates the regulation may face a maximum penalty of imprisonment for six months and a fine of $25,000 upon conviction. We hope that the new measures could further reduce the flow of people between Hong Kong and the Mainland, reducing the risks for a spread of the disease in Hong Kong.

 

The Department of Health would gather evidence and conduct investigations into any contravention of quarantine orders before referring the cases to the Department of Justice for making prosecutorial decisions. Our prosecutors would make such decisions based on available evidence, applicable laws and the Prosecution Code. A prosecution would be commenced if there is sufficient admissible evidence for a reasonable prospect of conviction.

 

Minimising social contact in the community is another key measure to curb the spread of the virus. Hence, we only arranged for a certain number of colleagues, including government counsel, paralegals and supporting staff, to return to the office to handle urgent matters and provide basic public services. The reception counters of the Prosecutions Division and the Civil Division have remained open over the past few weeks to allow members of the public and the legal profession to serve court documents. The shroff office is also partly open for payment service. Details of the service hours are available from our press release.

 

There are colleagues from different divisions returning to the office to handle emergency works including attending urgent court hearings, processing court documents and attending urgent meetings. We have arranged for sufficient manpower to provide cleansing services at the office to safeguard the health of colleagues. For others, who are given laptops and electronic communication devices, are advised to work at home. I am heartened to learn that the Department of Justice is largely functioning well.

 

The Judiciary announced that court hearings would be generally adjourned in view of public health considerations but the courts would continue to handle urgent and essential hearings. Colleagues from the Department of Justice have been deployed to attend such hearings to deal with cases including bail applications and sentencing.

 

I am grateful to all my colleagues for remaining steadfast at their posts at this difficult time. I also urge those who are required to stay at home or other dwelling places for a 14-day quarantine to abide by the law and strictly comply with the quarantine orders. Violation of orders causes a spread of the disease and leads to criminal prosecution. Last but not the least, I appeal to all members of the public to join hands with the Government to do their best to prevent and curb the spread of COVID-19 by maintaining good personal hygiene, thereby ending the epidemic as soon as possible.

 

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on February 17.

It has been two months since the Hong Kong Special Administrative Region Government raised the COVID-19 response level to the highest level of “Emergency” on January 25. A month ago, I wrote an article titled “Continue Our Fight Determined to Win” to report on our anti-epidemic work in the first month. Today, I would like to review with you the developments of the epidemic and the Government’s responses over the past month, as well as make some urgent appeals.

 

Developments of the epidemic

 

In the period from mid-February to mid-March, the overall situation of the epidemic in Hong Kong was stable. There were almost no imported cases from the Mainland, and there were only single-digit new confirmed cases each day. If we exclude imported cases/cases with a travel history of Hong Kong residents and their close contacts, there were only sporadic local cases, and even zero local cases in 12 days. This shows that the whole community has a high awareness of disease prevention and has been vigilant in maintaining personal hygiene and social distancing, and the Government’s anti-epidemic measures have attained certain results.

 

However, as the disease is rapidly spreading overseas, the number of confirmed cases and the speed at which it increases are terrifying. The global number of confirmed cases reached 100,000 on March 6, exceeded 200,000 on March 18, and subsequently increased to 300,000 in just three days and to 400,000 today in another three days. Following the outbreak in Korea earlier, outbreaks occurred within a short time in places like Europe and the United States, with Italy and Spain becoming the most heavily hit regions.

 

 Cumulative number of confirmed cases in selected countries in Europe and America

 

 

Since there is a huge difference in the population of every country and region, considering the number of confirmed cases alone may not reflect the severity of the epidemic in different places. The incidence rate of infection per million population is therefore a common indicator:

 

Countries and regions

Cumulative no. of confirmed cases

Population (million)

Incidence rate (cases per million population)

Mainland China

81,218

1,435.0

56.6

Italy

69,176

60.5

1,144.1

United States of America

44,183

331.0

133.5

Spain

39,673

46.8

848.5

Germany

27,436

83.8

327.5

France

22,300

65.3

341.6

Korea

9,137

51.3

178.2

United Kingdom

8,077

67.9

119.0

Switzerland

8,015

8.7

926.1

Australia

1,709

5.5

309.7

Japan

1,193

126.5

9.4

Singapore

558

5.9

95.4

Hong Kong

387

7.5

51.6

Taiwan

216

23.8

9.1

Macau

30

0.65

46.2

(Figures as at March 24)

From the chart and table above, we can actually see that Hong Kong’s situation is better than quite a number of regions in Europe, America and Asia Pacific. During discussions and in literature regarding this disease, I always hear experts say that the Government should strive to flatten the curve. From the chart below, we can see that the curve for Hong Kong, before rising almost linearly in the recent ten days due to the large increase in imported cases, was quite flat. Yet, this relatively stable situation has changed since mid-March, which is worrying. 

 

Cumulative number of confirmed cases in Hong Kong

 

 

Due to the escalating epidemic and the gradual suspension of local universities and boarding schools in Europe and the United States, a large number of Hong Kong residents and students studying abroad returned to Hong Kong. This wave of return to Hong Kong led to a great increase in imported cases. In the past 14 days, close to 90% of confirmed cases (233 cases in total) either have been abroad or are close contacts of these confirmed cases. Just Hong Kong residents studying in the United Kingdom account for 28 confirmed cases.

 

The expert advisory panel of the Government’s Steering Committee & Command Centre pointed out that although the drastic increase in number of cases is worrying, Hong Kong can still contain the epidemic as long as we step up the containment strategy adopted previously and have the support of the general public.

 

Anti-epidemic efforts

 

The inter-departmental Steering Committee & Command Centre chaired by me has remained vigilant over the past month. During the time when the infection situation was rather stable, we still kept a close watch on the developments of the epidemic in the local community and in other places of the world. We also made use of the opportunity to make necessary preparations for future anti-epidemic work. These include enhancing community surveillance through free virus tests, providing more isolation and quarantine centres, increasing the production and procurement of surgical masks and other personal protective equipment, and implementing over 20 initiatives under the Anti-epidemic Fund to support the sectors and members of the public hard hit by the epidemic. In the first half of March when the epidemic became more serious, we acted promptly and implemented numerous measures to cope with the situation within a short period of time.

 

Major measures implemented by the Government to respond to the developments of the epidemic in the past month are set out in the following table.

 

Date

Event

February 28

Issuing the Red Outbound Travel Alert (OTA) on three regions in Italy, and issuing quarantine orders to people arriving in Hong Kong who have been to the above three regions or to Iran where the Red OTA remains in force in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 1.

February 28

The Hospital Authority (HA) extended the Enhanced Laboratory Surveillance Programme to cover patients below 18 years old and those with fever or respiratory symptoms subject to clinical assessment of physician in charge.

March 2

Government bureaus/departments gradually resumed more public services with the implementation of targeted measures to reduce social contact and infection control measures.

March 4

Hong Kong residents returning to Hong Kong from the Diamond Princess cruise ship in Japan  completed quarantine by batches. Nine of them were confirmed to be infected after returning to Hong Kong.

March 4-5

Sending four chartered flights to bring back a total of 469 Hong Kong residents stranded in Hubei Province to Hong Kong, and arranging them to stay in a quarantine centre.

March 8

Expanding the health declaration arrangements at the Hong Kong International Airport from inbound flights from the Mainland to all flights arriving in Hong Kong.

March 9

The Centre for Health Protection (CHP) extended the Enhanced Laboratory Surveillance Programme to cover all private clinics and hospitals.

March 10

Issuing the Red OTA on some regions in France, Germany, Japan and Spain as well as on the entire country of Italy, and issuing quarantine orders to people arriving in Hong Kong who have been to the above regions or countries in the past 14 days (regardless of whether they are Hong Kong residents)
starting from March 14.

March 13

Issuing the Red OTA on 26 European countries in the Schengen Area, and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 17.

March 13

Announcing adjustments to the health quarantine arrangements on inbound travellers from overseas to reserve more quarantine facilities for the close contacts of confirmed cases.

March 14

Following three confirmed cases in Heng Tai House, Fu Heng Estate in Tai Po, some residents had to be evacuated to quarantine centres. Four environmental samples tested positive later.

March 15

Issuing the Red OTA on Ireland, the United Kingdom and the United States, and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries or to Egypt where the Red OTA remains in force in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 19.

March 17

Issuing the Red OTA on all overseas countries/territories and issuing quarantine orders to people arriving in Hong Kong who have been to the above countries/regions in the past 14 days (regardless of whether they are Hong Kong residents) starting from March 19.

19 March

Hong Kong residents returning to Hong Kong from Hubei Province completed quarantine by batches. Only one of them was confirmed to be infected.

March 19

The CHP extended the Enhanced Laboratory Surveillance Programme to cover inbound travellers under quarantine from overseas. Priority was accorded to persons under quarantine aged 65 or above or persons under quarantine residing with elderly aged 65 or above.

March 19

To handle a large number of people arriving in Hong Kong via the Hong Kong International Airport, the HA established test centres at the AsiaWorld-Expo and North Lantau Hospital. People arriving in Hong Kong with upper respiratory symptoms will undergo virus tests and wait for the laboratory results there. Subject to the test results, they will be admitted to hospital or subject to home quarantine.

March 20

The Immigration Department closely monitored anti-epidemic measures implemented by the Moroccan authorities and rendered assistance to Hong Kong residents stranded in the country.

March 21

Announcing enhanced measures to control the disease, which include:

The HA and the DH will fully utilise all resources for testing and enhance testing for people returning to Hong Kong from overseas; Resuming the special work arrangements for civil servants implemented before March 2 to provide limited-scale public services; Deferring the Hong Kong Diploma of Secondary Education examination; Stepping up enforcement actions against contravention of quarantine orders; Strengthening disease prevention at residential care homes for the elderly and people with disabilities.

March 21

Announcing adjustments to the health quarantine arrangements on people arriving in Hong Kong from Hubei Province (except Wuhan) to reserve more quarantine facilities for the close contacts of confirmed cases.

March 23

Announcing more anti-epidemic measures, which include:

Starting from March 25, all non-Hong Kong residents coming from overseas countries and regions by plane will be denied entry to Hong Kong; non-Hong Kong residents coming from the Mainland, Macau and Taiwan will be denied entry to Hong Kong if they have been to any overseas countries and regions in the past 14 days; all transit services at Hong Kong International Airport will be suspended; and all travellers coming from Macau and Taiwan will be subject to compulsory quarantine; Stepping up virus testing for arriving persons from the United Kingdom, other countries in Europe and the United States; Taking stringent enforcement actions to combat breaches of quarantine orders; Strengthening social distancing measures, including a proposal to introduce legislation to temporarily prohibit the sale and supply of alcoholic drinks by restaurants, bars and clubs.

March 24

Stepping up enforcement against breaches of quarantine orders and appealing to the public to make use of the “e-Report Room” online platform to report breaches.

March 25

Sending the second batch of chartered flights to take Hong Kong residents stranded in Hubei Province back to Hong Kong.

 

We have adhered to the people-oriented principle throughout our anti-epidemic work and have proactively supported Hong Kong people affected by the epidemic. For example, we overcame all kinds of challenges to bring back Hong Kong people stranded in Hubei Province by batches; we sent a special team comprising immigration officers and healthcare officers to take care of the Diamond Princess cruise ship passengers who stayed in Japan to receive medical treatment; and we provided support to Hong Kong residents who were stranded in Morocco and Peru. We also exercised discretion to extend the stay of carers on two-way permit in Hong Kong and prioritised the handling of Speedpost items containing surgical masks. We co-operated with the Hong Kong Federation of Trade Unions to deliver prescription medications to Hong Kong people in the Mainland and introduced a flexible arrangement to extend the validity period of the contracts of foreign domestic helpers, etc.

 

We have also continued to uphold the principle of operating in an open and transparent manner in our anti-epidemic efforts. Through the daily press conferences by the CHP and the HA, media sessions by the Chief Executive and secretaries of departments and directors of bureaus, the designated website “coronavirus.gov.hk”, the Facebook pages of the CHP and “Tamar Talk”, the Interactive Map Dashboard, social media and more, we provide the public with the latest information on the disease and clarify rumours. The Interactive Map Dashboard is very popular and has attracted about 16 million views since its launch.

 

Fighting the virus together

 

In the face of the severe situation of the epidemic, I would like to once again thank all the healthcare and government anti-epidemic officers (including auxiliary forces, retired civil servants and volunteers) who fight the disease at the forefront. I would like to also thank the four professors on the expert advisory panel and the research and development teams of universities and innovation and technology companies for making suggestions on the prevention and control of the disease as well as our citizens who have put up with the inconvenience in their daily lives to safeguard Hong Kong. All of them are our anti-epidemic heroes. The governing team and I will stay committed to our duties, remain calm and stay vigilant in our fight against the disease.

 

To win the battle against the disease, the continuous support and co-operation of every Hong Kong citizen are of the utmost importance. We believe that a large number of Hong Kong citizens will continue to come back Hong Kong in the following weeks because of the worsening situation overseas and hence confirmed cases will inevitably continue to increase. The situation will be more severe and difficult to handle than any period in the past two months and may even lead to large-scale and a continuous outbreak in the community. This is a critical moment in the fight against the disease and also a moment for testing the resilience of Hong Kong people in the face of the epidemic.

 

Fighting the virus is a long battle and the process is arduous. It is not easy to stay at home for a long period of time without normal activities and social interactions, but it is definitely not the time to let our guard down, otherwise the hard efforts of Hong Kong citizens in the past two months will be undone and the consequences could be dire. I appeal to all members of the public to continue to fight the disease together. I have no doubt that as long as we stay united, work together and support each other, Hong Kong will finally win the battle against the disease.

 

Chief Executive Carrie Lam issued this article "Two Months into Our Fight, Continue to Stay Vigilant" on March 25.

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.

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.

During the third month of our fight against COVID-19, Hong Kong has experienced daunting challenges posed by the epidemic with no room to let down our guard.  Though we are a bit relieved to see a significant drop in the number of confirmed cases recently, the Government needs to remain alert given the volatility of the epidemic.

 

Developments of the epidemic

In the past month, the epidemic continued to spread rapidly in many countries around the world. The number of confirmed cases increased from 400,000 a month ago to 2.6 million today, an increase of some 600%, with over 180,000 deaths.  Many governments had little choice but to take extreme measures such as a city lockdown. During the same period, the overseas epidemic situation resulted in a large number of Hong Kong residents abroad, including students studying in the United States and Europe, particularly in the United Kingdom, to return to Hong Kong. Due to the large number of imported cases, Hong Kong’s epidemic situation, which had remained stable for a period up to mid-March, started to become severe and reached its peak at the end of March. On March 27, 28 and 29, Hong Kong recorded 65, 64 and 59 confirmed cases respectively on a single day. We were then extremely worried because if 60 new cases have to be admitted to hospital and placed in isolation each day (according to Hospital Authority statistics every confirmed case stays in hospital for 15 to 20 days on average) and if this number of new confirmed cases continued for one month then the Hospital Authority’s 1,200 or so isolation beds would be fully occupied and our hospital system would face unimaginable pressure.

 

Although deeply anxious, we did not lose our composure but continued to respond promptly to the developments of the epidemic taking account of expert advice. We bit the bullet and resolutely took stringent measures in response to the situation. The number of confirmed cases has dropped from the peak at end-March to single digits since April 12, with the great majority of cases being imported or their close contacts (See Graphic 1). This shows we have prevented local transmission and that Hong Kong, once again, has overcome the challenge.

 

Anti-epidemic efforts

Since the Government implemented stringent border control measures before end-March, including denying the entry to Hong Kong by plane of all non-Hong Kong residents arriving from overseas countries or regions from March 25, the anti-epidemic measures introduced over the past month focused on enhancing virus testing for inbound travellers and restricting social interactions to prevent the spread of the disease. However, we have not prohibited people from going out as many overseas countries have done. Most restaurants and shops have remained open.  People by and large can maintain their daily life.

 

Major measures implemented by the Government to respond to the developments of the epidemic in the past month are set out in the following table:  

 

Date

Event

March 25-26

Four chartered flights were sent over two days to bring back to Hong Kong the second batch of 558 Hong Kong residents stranded in Hubei Province.

March 25-26

The Centre for Health Protection (CHP) extended the Enhanced Laboratory Surveillance Programme and set up a temporary specimen collection centre at AsiaWorld-Expo to provide virus testing for asymptomatic inbound travellers arriving from the UK and other countries in Europe as well as the US.

March 27

The Government announced that catering premises must comply with six disease control requirements and six types of premises (ie amusement game centres, bathhouses, fitness centres, places of amusement, places of public entertainment and premises for hire for holding social gatherings) must close from 6pm on March 28; and gatherings of more than four people in a public place would be prohibited from midnight on March 29.  At the same time, the Chief Executive announced the preparation of the second round of the Anti-epidemic Fund to provide further assistance to individuals and businesses.

April 1-2

The Government announced that karaoke establishments, mahjong-tin kau establishments and nightclubs must be closed and beauty parlours, clubhouses and massage establishments must step up epidemic control measures from 6pm on April 1; and bars must close from 6pm on April 3.

April 5

Sixty-five Hong Kong residents who took the chartered flights arranged by the Hong Kong Special Administrative Region Government arrived in Hong Kong from Peru. Upon arrival, they were taken to the temporary specimen collection centre at AsiaWorld-Expo to undergo virus testing and were admitted to hospital or put under home quarantine subject to the test results.

April 8

The Government announced the closure of beauty parlours and massage establishments from midnight on April 10, and the extension of measures regulating catering businesses and scheduled premises as well as prohibiting group gatherings until April 23.

April 8

The Chief Executive announced the second round of the Anti-epidemic Fund and other related measures involving over $130 billion, including an $80 billion Employment Support Scheme. The Legislative Council Finance Committee approved the funding on April 18.

April 8

The Department of Health (DH) mandated all asymptomatic inbound travellers arriving at the Hong Kong International Airport to proceed to the temporary specimen collection centre to collect deep throat saliva samples according to instructions before undergoing compulsory quarantine at their place of accommodation. Besides, specimen collection containers will be provided to inbound travellers arriving via land boundary control points who have been to Hubei Province in the past 14 days.

April 9

The DH required all asymptomatic inbound travellers arriving on flights from the UK to stay and wait for the test results at the temporary specimen collection centre, and they can continue their quarantine at their place of accommodation only if the test result is negative. The arrangement was extended to asymptomatic inbound travellers arriving on flights from the US and other areas in Europe from April 13.

April 10

Twenty-seven Hong Kong residents who left Morocco on a chartered flight arranged by the Chinese Embassy in the Kingdom of Morocco arrived in Guangzhou. Apart from one Hong Kong resident who chose to stay in Guangzhou, all others returned to Hong Kong by prearranged coaches and were taken to AsiaWorld-Expo to undergo virus testing.

April 11

To ensure adequate quarantine facilities to cope with the development of the epidemic, the CHP will, where necessary, arrange for people under compulsory quarantine to stay at quarantine centres for the first 10 days and then continue quarantine at home for the remaining four days after virus testing.

April 19

The DH required all asymptomatic inbound travellers arriving on flights landing in the morning to stay and wait for the test results at the temporary specimen collection centre. They can continue quarantine at their place of accommodation only if the test result is negative.

April 19

With a declining number of inbound travellers, the Hospital Authority suspended the operation of the test centre at AsiaWorld-Expo from noon. Inbound travellers with symptoms will be admitted to public hospitals to undergo testing.

April 20

The DH started a trial to provide an extra specimen collection container to inbound travellers arriving at the Hong Kong International Airport for the submission of samples for another round of virus testing (on the 12th day) before the completion of home quarantine. The quarantine can be completed only if the test result is negative.

April 21

The Government announced the extension of all statutory measures to enhance social distancing for 14 days until May 7.

April 22

The DH required all asymptomatic inbound travellers arriving on flights landing in the afternoon or at night to stay and wait for virus test results at the holding centre in the Regal Oriental Hotel. They can continue quarantine at their place of accommodation only if the test result is negative. Upon implementation of the measure, all inbound travellers arriving at Hong Kong International Airport will be required to undergo testing and can return to the community only if the test result is negative.

 

The decision to extend various enhanced social distancing measures to early May is no doubt a further blow to the affected business sectors. The Government fully understands the disappointment and frustration of these sectors, but we dare not let down our guard as we look at the second or third wave of outbreaks around the world. In addressing the public health crisis, the Government also needs to consider the impact of the measures on the economy, livelihood and the daily lives of people.  I recall that Prof Gabriel Leung, one of the experts for the Government’s anti-epidemic work, once described the difficulty of the Government in making its decisions as a three-way tug of war (See Graphic 2).

 

We will continue to listen to the views of the experts and various sectors and constantly adjust the suppress and lift strategy according to the actual situation of the epidemic. The target is to achieve the optimal level of controls at all times.

 

Supporting individuals and businesses affected by the disease

The epidemic has lasted for more than three months and presents unprecedented challenges to our economy. Many businesses are facing pressure to close down or resort to massive staff layoffs, and many families and members of the public are facing severe hardship. According to the latest labour force statistics released by the Census & Statistics Department, the seasonally adjusted unemployment rate for January to March 2020 increased worryingly to 4.2%, the highest level in over nine years.

 

The Government will continue to make an all-out effort to keep our workers employed, relieve the financial burden of businesses and members of the public, and pave the way for post-epidemic economic recovery. The two rounds of the Anti-epidemic Fund and related relief measures, together with the relief package in the 2020-21 Budget announced by the Financial Secretary earlier on (yet to be approved by the LegCo), amount to $287.5 billion, representing 10% of gross domestic product. These measures are being implemented progressively to help businesses and members of the public tide over the difficult times.

 

Fighting the virus together

The hard-earned results of our anti-epidemic work over the past month are due to the togetherness of the community at large, the unswerving commitment of our healthcare professionals, the collaborative efforts of various government departments and the understanding of all sectors in society. I am confident that Hong Kong will come through the epidemic and the economic downturn. As long as we can hold on for some more time, we will soon see a bright tomorrow.

 

Chief Executive Carrie Lam issued this article entitled Three Months into Our Fight Seeing the Arrival of Dawn on April 25.

An extraordinary strings crossover performance by erhu master Xu Ke and the Tokyo String Quintet will be held in December.

 

Heralded as the Paganini of the erhu world, Mr Xu is currently a guest professor at the Shanghai Conservatory of Music and the Senzoku Gakuen College of Music in Japan.

 

Presented by the Leisure & Cultural Services Department as part of the Music Delight Series, the concert will be held at Tsuen Wan Town Hall on December 14.

 

Tickets are available at URBTIX.

 

Click here for details.

The Wetland Park is holding its annual Bird Watching Festival, with "Incredible Bird Parents" as this year’s theme.

 

Running until April 20, the event shows how versatile and sophisticated birds are in providing parental care for their offspring.

 

For the first time, five unique Lego brick wetland animal models are displayed as another festival attraction.

 

They include the saltwater crocodile Pui Pui, a kingfisher, paddy frog, fiddler crab and the common tiger, as well as Lego brick wall art.

 

Co-created by the Wetland Park and Lego Certified Professional Andy Hung, the Lego series aims to inspire kids to build a better future for nature.

 

Other edutainment comprises bird watching tours, thematic bird interpretation sessions, bird photography workshops, public lectures and a kids reading club.

 

Click here for details.

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.

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.

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.

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.

Last month a friend in the history department passed along a notice from the American Historical Association entitled “AHA Signs onto ASA Statement on Teaching Evaluations.” This ASA is the American Sociological Association, and their statement is a devastating takedown … Continue reading →

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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.

Two short films have made it one step closer to an Oscar nomination after picking up a Light in Motion (LIM) award at the Foyle Film Festival’s closing ceremony in Brunswick Moviebowl.

Guest of Honour at Film Mayo launch on 1st December

The Transport Department today invited tenders for operating six major licensed ferry services for outlying islands for five years from April 1, 2021.

 

The six routes are between Central to Cheung Chau, Inter-islands between Peng Chau, Mui Wo, Chai Ma Wan and Cheung Chau, Central to Mui Wo, Central to Peng Chau, Central to Yung Shue Wan and Central to Sok Kwu Wan.

 

The department said that for the purposes of maintaining financial viability of the six major routes, alleviating the burden of fare increases on passengers, enhancing service quality and promoting a green city development, the Government would continue to provide special measures to the routes.

 

Such measures would include launching a new Vessel Subsidy Scheme to help selected ferry operators replace the fleets of the six major routes and introduce greener vessels in phases, straddling 10 years from 2021.

 

Having regard to factors such as passenger demand, overall fleet requirements, flexibility in vessel deployment, operational efficiency, and after consulting the Islands District Council, the six major routes are grouped into two packages for tendering.

 

The first package covers Central-Cheung Chau, Peng Chau-Mui Wo-Chi Ma Wan-Cheung Chau (Inter Islands) and Central-Mui Wo routes.

 

The other package covers Central-Peng Chau, Central-Yung Shue Wan and Central-Sok Kwu Wan routes.

 

Tenderers are required to propose a fare for each fare type of each relevant route and it must not exceed the existing fare level of the corresponding route by more than 5%. Tenders should also include in their submissions fare concession proposals that will be considered in the tender evaluation.

 

In support of the Government's development of a smart city, tenderers should propose measures including dissemination of real-time arrival/departure time of ferry routes, number of remaining seats via mobile phone apps and opening up such data for the public’s use under data.gov.hk.

 

The tenders must be sealed in envelopes and placed in the Transport Department Tender Box adjacent to the reception counter of the department on the 10th floor of South Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei before noon on June 30.

 

The cover of the tender submission should be marked with tender reference TD 382/2019 and include the subject of the tender. It should also be addressed to the Commissioner for Transport.

 

Tender documents will be available for collection at the Transport Department’s Ferry & Paratransit Division on the 14th Floor, South Tower, West Kowloon Government Offices, 11 Hoi Ting Road, Yau Ma Tei from April 27 during office hours.

The parking fees of 12 government public car parks will be frozen at their existing levels for one year from June 1, the Transport Department announced today.

 

In reviewing the parking fees, the department said it considered the inflation rate, private car park charges and usage of the government car parks.

 

Having considered the impact on the economy brought by the COVID-19 pandemic as well as the impact on usage of the car parks, the department decided to maintain the parking fees at existing levels.

 

The 12 car parks are Kennedy Town Car Park, Rumsey Street Car Park, Star Ferry Car Park, City Hall Car Park, Tin Hau Car Park, Shau Kei Wan Car Park, Aberdeen Car Park, Yau Ma Tei Car Park, Sheung Fung Street Car Park, Wong Tai Sin Public Transport Terminus Car Park, Kwai Fong Car Park and Tsuen Wan Car Park.

 

Click here for details.

The Buildings Department approved 13 building plans in February - four on Hong Kong Island, one in Kowloon and eight in the New Territories.

 

Of the approved plans, nine were for apartment and apartment-commercial developments, one was for commercial development, one was for factory and industrial developments, and two were for community services developments.

 

Consent was given for works to start on two building projects, which will provide 77,942 sq m of gross floor area for non-domestic use.

 

The department also issued 14 occupation permits - four on Hong Kong Island, one in Kowloon and nine in the New Territories.

 

Buildings certified for occupation have 149,306 sq m of gross floor area for domestic use involving 2,912 units, and 67,594 sq m for non-domestic use.

 

The declared cost of new buildings completed in the month was $3.7 billion.

The Transport Department today announced that its driving test (road test) service will resume on May 4 to align with the resumption of public services in phases.

 

The department said candidates scheduled to take a road test on or after May 4 should take the test according to the test date, time and the driving test centre specified in their appointment letter.

 

Candidates affected by the suspension of driving test centres will be notified by post of the rescheduled test.

 

Driving test (written test Part A) and taxi written test services will resume on May 26.

 

Candidates affected by the suspension of written test services will be rescheduled to take the tests from May 26 and thereafter and notified by post of the rescheduling.

 

All candidates participating in the driving, road and written tests, must wear surgical masks inside the test centres and throughout the test.

 

They must also clean their hands with alcohol sanitisers and undergo body temperature screening.

 

If a candidate does not wear a surgical mask, refuses body temperature screening or has a body temperature higher than 37.5 degrees Celsius, the candidate will not be allowed to enter the venue and the test will be rescheduled.

 

To improve air circulation inside the vehicle compartment, driving examiners may open vehicle windows during the test.

 

The department urged candidates not to attend a driving test if they are unwell.

 

For applicants who are absent from a driving test on medical grounds, they may submit their postponement applications with the original sick leave or medical certificate to the Driving Test Appointment Office within one month from the test date for rescheduling.

 

Candidates applying for a postponement, temporary cancellation of driving test appointment or change of driving test region may submit signed application letters, copies of identification document and driving test appointment letter via the drop-in box at the Kowloon Licensing Office or post them to the Driving Test Appointment Office on 2/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road.

 

Application of driving test appointment services for fresh candidates and repeaters will continue to be suspended until further notice. Call 2771 7723 for enquiries.

 

Vehicle Examination Centres will resume full services on May 4. The department will continue to process applications for licensing and related services submitted by applicants with scheduled appointments via the drop-in boxes, by post or online except for the direct issue of a full Hong Kong driving licence.

 

Applications may be submitted via the drop-in boxes at the offices concerned between 9am and 5pm from Monday to Friday except public holidays.

 

Those who have made online appointments for renewal of a full driving licence, vehicle licence, and transfer of vehicle ownership or international driving permit can visit the Licensing Office concerned at the scheduled time.

 

To maintain social distancing to reduce the risk of spreading COVID-19, the offices concerned will continue to suspend walk-in counter services.

 

Meanwhile, the Highways Department's public services will return to normal from May 4.

 

The department will implement social distancing and precautionary measures, including the introduction of flexible working and lunch hours, meeting adjustments and stepping up the cleansing of its offices.

 

Members of the public may call the 24-hour hotline 2926 4111 or 1823 for making suggestions, enquiries or complaints. The department can also be contacted by email or fax.

 

 

As we all know, Hong Kong as well as most parts of the world are facing a pandemic that has an enormous negative impact on our social and economic life. At this juncture, we don't have any accurate way to predict what will happen in the coming months. Two months ago, we were worried about whether COVID-19 would become a pandemic. Yet, the scale of the pandemic as we see now is not what we could have imagined two months ago. What we can do now is tackle the social and economic crisis upfront and build the resilience of our society, in particular, our employment market, so that when the time comes where social and economic activities can resume no matter how gradually or rapidly, our society can bounce back as soon as possible.

 

Unemployment has edged up bit by bit since the latter part of 2019. Statistics and daily news about business closures are telling us that unemployment is going up rapidly. While we should see what can be done to help those unemployed, the more important and urgent task is to see how we can "stop the bleeding", which essentially means job retention. The Employment Support Scheme, with a budget of over $80 billion, is designed exactly for that purpose. Through providing time-limited financial support, the whole idea of this scheme is to preserve jobs by enabling employers to keep their employees in employment for the coming months, and also when business resumes, employers can immediately grab the opportunities.

 

The central idea of the Employment Support Scheme is to provide wage subsidy that is equivalent to 50% of the wages of the employees up to a wage cap of $18,000 per month. The subsidy is given to the employers so that they can keep their staff for the coming six months. The employers will be required to have no redundancy or layoffs during the months that they receive wage subsidies from the Government.

 

In Hong Kong, we do not have a pay-as-you-go income tax system. Neither do we have a social insurance system nor a central provident fund to cover everyone in our workforce. That means we do not have any existing system covering every employer and employee in Hong Kong that we can devise a wage subsidy scheme that covers everyone. Any system meant to cover everyone in our workforce must be mandatory in nature and that will take time for us to have the relevant legislation in place and subsequently the system built.

 

However, schemes under the Mandatory Provident Fund (MPF) and the other Occupational Retirement Schemes provide a framework that we can develop a wage subsidy scheme to cover the great majority of the workforce. This is definitely not sufficient. In particular, we have identified three sectors that do not have good coverage in the provident fund systems. They are the catering industry, the construction industry and the passenger transport sector. Under the Anti-epidemic Fund, we have three sector-specific schemes to assist the employers and the employees in these sectors.

 

Many freelance workers or those in the so-called slash economy do not make contributions to the MPF. Though we have over 200,000 self-employed persons having an account in the MPF system, they do not pay MPF regularly. While we will provide a one-off wage subsidy to those self-employed persons who have made MPF contributions within the past 15 months, we also have three separate but mutually exclusive schemes operating under the Home Affairs Bureau, the Education Bureau and the Social Welfare Department, providing the same one-off wage subsidy to those freelance workers who provide arts and sports training. The one-off wage subsidy is $7,500.

 

Though all the schemes I mentioned above still cannot cover everyone in the workforce, this is the best we can do in making use of existing systems so that we can launch this round of the Anti-epidemic Fund in the shortest possible time to help our employers and employees to survive the challenges that are with us now. Any new systems to be built from scratch will not be able to provide the necessary timely support that employers and employees desperately need.

 

As mentioned earlier, unemployment is increasing at a disturbing rate. The basic unemployment protection system in Hong Kong relies on two legs. One is the Severance Payment or Long Service Payment payable by the employers, which is equivalent to two-thirds of the monthly salary times the number of years of service with the employer. The other is the Comprehensive Social Security Assistance (CSSA) Scheme. The CSSA provides a level of income support to families for their basic level of living in the context of Hong Kong. The CSSA provides a safety net to any family not having sufficient means, including those who are unemployed.

 

Apart from the income test, the CSSA also has an asset test. For the purpose of providing extra help to those unemployed during this difficult time, the Government will double the existing asset limit for the able-bodied for a limited period of six months, allowing more families with people unemployed to become eligible to receive CSSA. We estimated that about 40,000 families will benefit from this enhancement.

 

Unfortunately, over the years there is a social stigma towards the CSSA system. People in desperation may be deterred from applying for CSSA simply because of the stigma. This is the time for us to destigmatise the CSSA system. It is the safety net for citizens of Hong Kong. It is the responsibility of an affluent society like Hong Kong to provide the basic level of living to those who cannot afford to do so on their own. This is the time, this difficult time, that this safety net should perform its basic function.

 

We are doing our best to support Hong Kong in this epidemic fight. Let's weather the storm and brave the challenges together.

 

This is the Letter to Hong Kong by Secretary for Labour & Welfare Dr Law Chi-kwong on anti-epidemic measures and the Employment Support Scheme carried on Radio Television Hong Kong Radio 3 on April 19.

The Government will launch a series of measures to retain and create jobs to prevent massive layoffs amid record levels of unemployment and underemployment for the first three months of the year.

 

The seasonally adjusted unemployment and underemployment rates have soared recently due to the severe blow dealt by the COVID-19 epidemic to Hong Kong’s economy.

 

With reference to the practice of some overseas governments in providing wage subsidies to employers and following the funding approval by the Legislative Council Finance Committee, the Government will launch the $81 billion Employment Support Scheme (ESS) as soon as possible.

 

The scheme will provide time-limited financial support to employers to retain workers who will inevitably be made redundant due to the downturn in business.

 

The provision of subsidies for employers, together with other relief measures and loan arrangements under the Anti-epidemic Fund and the 2020-21 Budget will help businesses stay afloat and retain jobs to prepare for a quick recovery once the epidemic is over.

 

Except for the Government, statutory bodies and government-funded organisations whose employees' salaries are not affected by the epidemic, employers who have been making Mandatory Provident Fund (MPF) contributions or have set up Occupational Retirement Schemes will be eligible for the ESS.

 

Employers joining the scheme have to provide an undertaking not to implement redundancies during the subsidy period and spend all wage subsidies from the Government in paying wages to their employees.

 

Wage subsidies provided under the ESS are calculated based on 50% of wages in a specified month subject to a wage cap of $18,000 per month for six months.

 

Payment will be made in two tranches, with the first payout no later than the end of June to subsidise employers to pay employees' wages from June to August.

 

After approval of the application, the number of employees on payroll shall not be less than the number of employees in March and the wage subsidies applied by employers must be used fully for employees' wages.

 

Under the ESS, self-employed people who have contributed to the MPF from January 1, 2019 to March 31 will be granted a one-off subsidy of $7,500.

                                                                                                                                                    

The scheme is expected to benefit over 260,000 employers who have been making MPF contributions or have set up Occupational Retirement Schemes for 1.7 million employees, and about 215,000 self-employed people.

 

Employers and employees in the catering, construction and transport sectors that are not covered by the MPF will be taken care of by sector-specific schemes.

 

Regarding job creation, the Government has earmarked $6 billion to create about 30,000 time-limited jobs in public and private sectors in the coming two years for people of different skills and academic qualifications.

 

This is in addition to more than 10,000 civil service job openings for replacing retirees and filling new posts to be created in the 2020-21 Estimates, and about 5,000 short-term interns for young people.

 

In the second half of the year, the Labour Department will raise the ceiling of the on-the-job training allowance payable to employers under the Employment Programme for the Elderly & Middle-aged, the Youth Employment & Training Programme and the Work Orientation & Placement Scheme to further encourage employers to hire seniors, youngsters and the disabled.

 

The department plans to launch a pilot scheme in the second half of the year to encourage these people to undergo and complete on-the-job training under the above-mentioned employment programmes through the provision of a retention allowance.

 

A time-limited unemployment support scheme will be launched through the Comprehensive Social Security Assistance Scheme at the same time to provide timely and basic financial support to the unemployed who may not be covered by the ESS.

 

To maintain Hong Kong's economic vibrancy and relieve the financial burden of the public under the epidemic, the Government has introduced the largest package of relief measures to date, including the one-off relief measures in the Budget costing $120 billion and two rounds of measures under the Anti-epidemic Fund totalling $287.5 billion.

 

This accounts for about 10% of Hong Kong's gross domestic product, the Government added.

The Minimum Wage Commission today launched an eight-week public consultation to review the statutory minimum wage rate.

 

The commission said it adopts an evidence-based approach in conducting the minimum wage rate review and will consider the community's views.

 

Views can be sent by email before June 16.

 

Click here for information.

The Government said it will continue to spare no effort in improving workers' benefits and protection and enhance occupational safety and health in various industries at a pace commensurate with Hong Kong's overall socio-economic development.

 

The Government made the statement today in response to the demands of different labour groups, noting that it would take into account both employees' interests and employers' abilities to afford the benefits, despite the severe blow dealt by the COVID-19 epidemic to the local economy.

 

"The seasonally adjusted unemployment and underemployment rates for January to March this year have soared to their highest levels in recent years. The labour market will continue to face significant pressure in the near term.

 

“The Government has rolled out relief measures of unprecedented scale, including the one-off measures in the 2020-21 Budget and two rounds of measures under the Anti-epidemic Fund (AEF) totalling $287.5 billion, with a view to preserving the vitality of the economy and relieving people's financial burden.

 

“The Government will launch as soon as possible the Employment Support Scheme under the second round of the AEF, with a total commitment of $81 billion, to provide time-limited financial support to employers to help them retain employees who will otherwise be made redundant.”

 

Moreover, the Government explained that it has earmarked $6 billion to create around 30,000 time-limited jobs in the public and private sectors in the coming two years for people with different skills and academic qualifications.

 

It emphasised that the Labour Department will raise the ceiling of on-the-job training allowance payable to employers under the Employment Programme for the Elderly & Middle-aged, the Youth Employment & Training Programme and the Work Orientation & Placement Scheme in the second half of this year.

 

It will also launch a pilot scheme to encourage eligible participants of these programmes to undergo and complete the training by offering a retention allowance.

 

On improvements to other labour benefits, the Government pointed out that it is working at full steam on the preparatory work to abolish the arrangement of 'offsetting' severance payments and long service payments with employers' mandatory contributions under the Mandatory Provident Fund System.

 

It stressed that it will strive to introduce the enabling bill into the Legislative Council by the end of this year, aiming to secure its passage by 2022.

 

Meanwhile, the Government introduced the Employment (Amendment) Bill 2019 into LegCo on January 8 this year. The bill, which proposes to extend statutory maternity leave by four weeks, is now being handled by the LegCo Panel on Manpower.

 

The Chief Executive announced on January 14 this year 10 new initiatives on improving people's livelihood, one of which is to increase progressively the number of statutory holidays so that it will be on par with that of general holidays.

 

The Government stated that it will work out the relevant proposal, invite the Labour Advisory Board to discuss, and will facilitate and support its work.

 

The Minimum Wage Commission is conducting a new round of review on the Statutory Minimum Wage rate and will submit a report on its recommendation to the Chief Executive in Council by end-October.

 

The Government added that it attaches great importance to employees' occupational safety and health.

 

It said the Labour Department has been adjusting its strategies of inspection and enforcement, publicity and promotion, education and training according to the occupational safety and health risk levels of different industries as well as taking sufficient precautionary measures to prevent accidents by driving employers and employees to work together.

The Education Bureau and the Agriculture, Fisheries & Conservation Department (AFCD) today announced their latest arrangements on public services starting May 4.

 

All Regional Education Offices, the Joint Office for Kindergartens & Child Care Centres, the School Places Allocation Section, the Qualifications Framework Secretariat and other service units will resume normal opening hours from May 4.

 

However, the Hong Kong Teachers' Centre, Special Education Resource Centre, Central Resources Centre and Young Achievers' Gallery located at Kowloon Tong Education Services Centre, as well as the Arts & Technology Education Centre will remain closed until further notice.

 

The AFCD’s licensing services and reception counters at Cheung Sha Wan Government Offices and the Marine Parks Office at CDW Building in Tsuen Wan will resume normal services Monday to Friday from 8.30am to 12.30pm and 1.30pm to 5.45pm.

 

The anti-rabies dog inoculation and dog licensing services at the animal management centres will also resume as normal from May 4.

 

Meanwhile, the Hong Kong Wetland Park (except some indoor facilities and play areas), eight Country Park Visitor/Education Centres, seven Hong Kong Geopark Park Visitor Centres and the Endangered Species Resources Centre will reopen from May 4.

 

However, school and public programmes will remain suspended until further notice.

 

The barbecue sites and campsites in country parks will also continue to be closed until May 7.

 

Click here for the latest public service arrangements.

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