Category: MIL-OSI

Source: Hong Kong Government special administrative region

Source: Hong Kong Government special administrative region

     The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed “Contribute”, “Rally” and “Twilight”, on May 26, 28, and yesterday (May 29) respectively. A total of 15 suspected illegal workers and three suspected employers were arrested.

During the anti-illegal worker operations, ImmD Task Force officers raided 294 target locations including a construction site, residential buildings and restaurants. Fifteen suspected illegal workers and three suspected employers were arrested. The arrested suspected illegal workers comprised 10 men and five women, aged 26 to 67. Among them, seven men and three women were holders of recognisance forms, which prohibit them from taking any employment. In addition, two men and two women were also suspected of using and being in possession of a forged Hong Kong identity card. Three men, aged 29 to 59, were suspected of employing the illegal workers and were also arrested.

An ImmD spokesman said, “Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years’ imprisonment. Aiders and abettors are also liable to prosecution and penalties.”

The spokesman warned, “As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is prohibited from taking any employment, whether paid or unpaid, or establishing or joining any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years’ imprisonment.”

The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years’ imprisonment to a fine of $500,000 and 10 years’ imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threats and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.

Source: Hong Kong Government special administrative region

The following is issued on behalf of the Hong Kong Monetary Authority:

​The Hong Kong Monetary Authority (HKMA) today (May 30) urged members of the public to be vigilant against fraudulent social media accounts impersonating the Chief Executive of the HKMA, Mr Eddie Yue. The HKMA clarified that its latest news and work priorities are only disseminated through official channels, including the official website and social media accounts (for details, please visit www.hkma.gov.hk). Any other personal social media accounts or pages claiming to represent the HKMA Chief Executive are fake.

The public should disregard any information disseminated on suspicious websites, social media accounts or pages.

The incident has been reported to the Police for follow up.

Source: Hong Kong Information Services

Secretary for Financial Services & the Treasury Christopher Hui met financial officials in Ottawa on Wednesday and business representatives in Vancouver yesterday, as he continued a five-day visit to Canada.

Mr Hui met Canadian Deputy Minister of Finance Chris Forbes on Wednesday. They discussed the challenges posed by unilateralism and protectionism, and how Hong Kong and Canada might collaborate to achieve mutual benefits in areas such as the gold market and virtual assets.

Mr Hui told Mr Forbes that as global economic gravity continues to shift eastwards, Hong Kong has been exploring new growth areas and expanding international co-operation. He said this includes efforts by a working group to promote gold market development.

In a meeting with Canada’s Superintendent of Financial Institutions Peter Routledge, Mr Hui spoke of Hong Kong’s perseverance in upholding a robust regulatory regime across different financial institutions and financial products.

Mr Routledge praised Hong Kong for its advanced development in the area of digital assets, stating that it sets an example for other regions.

Mr Hui then met Senator Woo Yuen-pau at Parliament Hill and brief hum on Hong Kong’s effort in maintaining its status as an international financial centre through various measures.

He mentioned the recent affirmations of Hong Kong’s credit ratings by Fitch, S&P and Moody’s, adding that these fully demonstrate Hong Kong’s resilience in maintaining stability amid increasing global economic and financial uncertainties.

During his short stay in Ottawa, Mr Hui also paid a courtesy call to China’s Ambassador to Canada Wang Di.

Mr Wang said Hong Kong has its own distinctive advantages which can enable it to be a bridgehead in driving closer ties between China and Canada in addition to fostering direct co-operation between Hong Kong and Canada.

In Vancouver yesterday, Mr Hui met Fraser Institute Board Chair Mark Scott and some other prominent business figures to update them on Hong Kong’s financial development.

Mr Hui welcomed the think-tank’s ranking of Hong Kong as the world’s freest economies in its Economic Freedom of the World 2024 Annual Report.

Later, he spoke at a business lunch hosted by the Hong Kong-Canada Business Association (Vancouver Chapter), and participated in a fireside chat.

Mr Hui then met representatives of the Canadian Imperial Bank of Commerce and briefed them on development in areas such as wealth management and digital assets in Hong Kong.

The day concluded with a business networking reception and seminar organised by Invest Hong Kong (Canada).

Addressing the audience, Mr Hui highlighted the Government’s dedication to integrate Web3 innovations into the real economy by introducing a licensing regime for fiat-referenced stablecoin issuers, and to foster the development of Web3 and digital assets.

He also mentioned Hong Kong’s determination to expand the financial value chain to sustain the world-class status of its financial markets. Two forward-looking moves are to build an international gold trading market and create a commodity trading ecosystem in Hong Kong, he said.

Mr Hui added that, with Canada enjoying a prominent position in the global gold market and the Toronto Stock Exchange being the world’s pre-eminent stock exchange for mining companies, co-operation between Hong Kong and Canada can establish an East-West financial corridor for the world.

Source: Hong Kong Government special administrative region

     Following are the welcoming remarks by the Secretary for Justice, Mr Paul Lam, SC, at the Global Forum on International Mediation today (May 30):
 
Your Excellencies, distinguished guests, ladies and gentlemen,
 
     It is with great pleasure that I welcome you all to the inaugural Global Forum on International Mediation.
 
     This morning, altogether 32 state parties including China signed the Convention on the Establishment of the International Organization for Mediation. This is undoubtedly a historic event since the International Organization for Mediation (IOMed) will be the first international intergovernmental organisation devoted to the use of mediation in resolving international disputes. We all hope that the Convention will enter into force as soon as practicable.
 
     While the Convention has already set out the framework and the essential terms concerning the operation of the IOMed, the state parties would need to consider and agree on further details to ensure the smooth operation of the Convention. To ensure and attract more state parties’ support and participation, it is also necessary to raise people’s awareness of mediation as a means of resolving international disputes and to enhance the capacity to use it in practice. In these circumstances, it is most pertinent to hold this Global Forum on International Mediation immediately after the signing ceremony of the Convention.
 
     The IOMed will provide mediation services for the settlement of the following three types of international disputes: disputes between states, disputes between a state and a national of another state and international commercial disputes between private entities. This afternoon, we are extremely honoured and privileged to have a distinguished panel of moderators and speakers, who will share their views in two panels: the first one will focus on mediation of disputes among states, whereas the second session will focus on mediation of international investment and commercial disputes. Our distinguished moderators and speakers consist of leaders or former leaders of state parties, as well as from international organisations and multilateral development banks; and also experts and other key stakeholders in international mediation.
 
     To set the scene, I would like to highlight the significance of mediation in resolving international disputes and the important role that Hong Kong will play in the operation of the IOMed.
 
     Put simply, mediation is a process whereby the parties in dispute attempt to reach a mutually acceptable and amicable settlement of their dispute on a voluntary basis with the assistance of a third party who may facilitate a solution between the parties to the dispute but without the power to impose it upon the parties. As compared to traditional means of resolving international disputes such as litigation or arbitration, mediation is clearly more forward-looking, constructive and conducive to repairing the relationship between the two sides.
 
     It is well-known that peaceful settlement of international disputes is one of the most fundamental principles of international law and international relations. The use of mediation as a means to settle international disputes peacefully is expressly mentioned in Article 33 of the Charter of the United Nations, and also the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations passed by the United Nations General Assembly in 1970.
 
     The United Nations General Assembly has passed altogether four resolutions on “Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution” on June 22, 2011, September 13, 2012, July 31, 2014, and September 9, 2016, respectively. In the most recent one dated September 9, 2016, the UN General Assembly recognised mediation as an efficient and cost-effective tool in the peaceful settlement of disputes, conflict prevention and resolution, and welcomed its increased use. It acknowledged the importance of mediation in the peaceful settlement of disputes, conflict prevention and resolution and in seeking long-term political solutions for sustaining peace, and recognised that mediation needs to be further and more effectively used.
 
     On the other hand, the role of mediation in resolving international commercial and investment disputes between a state and a foreign national or between private entities from different countries is also well acknowledged and recognised. As early as 1980, the United Nations Commission on International Trade Law (UNCITRAL) developed and adopted the UNCITRAL Mediation Rules, which were subsequently revised in 2021. And more recently, in 2024, UNCITRAL published the Guidelines on Mediation for International Investment Disputes. The United Nations Convention on International Settlement Agreements Resulting from Mediation, which entered into force in September 2020, offered another example of international efforts in promoting mediation.
 
     While mediation may be conducted on an ad hoc basis, there are clear advantages to conducting mediation with institutional supports. Institutional supports may include, for example, guidance on procedural aspects; assistance in communicating with the other party; identification of a pool of mediators and assistance in their selection and appointment; assistance in the logistic aspects of mediation including the organisation of in-person and remote meetings; as well as providing for data protection and cybersecurity measures.
 
     In the circumstances, in order to promote and facilitate the use of mediation to resolve international disputes, it is most desirable to have an intergovernmental organisation devoted to the use of mediation to resolve international disputes. The establishment of the IOMed has filled a glaring omission in the past international dispute resolution system. The Organization will complement the other two intergovernmental organisations specialising in international dispute resolution, namely, the International Court of Justice and the Permanent Court of Arbitration.
 
     The headquarters of the IOMed will be crucial to the implementation of the Convention. It represents the physical presence of the institution, and provides the platform to provide various mediation services. I am extremely grateful that the state parties to the Convention have agreed to establish the headquarters of the IOMed here in Hong Kong, which is a strong vote of confidence in Hong Kong. I would respectfully submit that Hong Kong is indeed an ideal place to host the headquarters of the IOMed.
 
     Hong Kong is a special administrative region of China, which has taken the lead in the establishment of the IOMed. Under the principle of “one country, two systems”, Hong Kong enjoys numerous unique advantages, which put it in the best position to serve as the headquarters of the IOMed. As President Xi Jinping said on December 20, 2024, in Macao at the ceremony celebrating the 25th anniversary of China’s resumption of sovereignty over Macao, the principle of “one country, two systems” embodies the fundamental values of peace, openness, harmony and sharing. These are also the intrinsic values behind the Convention.
 
Hong Kong is a well-known world-class international financial, trading and shipping centre. Its geographical location, well-developed transportation services and liberal immigration policy ensure that people from around the world may and can come here easily. Hong Kong is also one of the safest and most friendly cities in the world. We offer diversified services in different aspects to suit the needs of people speaking different languages coming from different cultures, religions and countries.
 
     But most importantly in the present context, under the principle of “one country, two systems”, Hong Kong is the only common law jurisdiction in China, and the only bilingual common law jurisdiction using both Chinese and English in the world. We have a strong pool of legal professionals coming from different jurisdictions who specialise and are experienced in international dispute resolutions. The legal system of, and the legal services provided by, Hong Kong are highly international, reputable and efficient. It is undoubtedly an international legal services and dispute resolution services centre.
 
     Hong Kong has been a keen supporter of mediation. The HKSAR Government has formulated a comprehensive set of policy initiatives, which aim at deepening the mediation culture in Hong Kong. For example, the Policy Statement on the Incorporation of Mediation Clauses in Government Contracts was issued in November 2024. As a matter of general policy, the Government will incorporate a mediation clause in all government contracts. By taking the lead, it is hoped that private entities would be encouraged to include mediation clauses in their contracts, thereby deepening our “mediate first” culture.
 
     Turning to capacity building regarding international mediation, since 2018, the Department of Justice has been co-organising with reputable international organisations, almost on a yearly basis, Investment Law and Investor-State Mediator Training in Hong Kong. The Hong Kong International Legal Talents Training Academy under the Department of Justice was set up in November 2024, which may collaborate with the IOMed in organising capacity building programmes on international mediation in future.
 
     Hong Kong is also continuously seeking to foster legal co-operation with other jurisdictions. It is our honour that, in a moment, the Department of Justice of the HKSAR Government will sign a Memorandum of Co-operation with Cambodia.
 
     On this very happy and positive note, I would like to conclude by wishing you all a very fruitful and constructive Forum this afternoon. Thank you very much.