HKSAR Government spokesman: statement on HKNSL by former Court of Final Appeal non-permanent judge Brenda Hale far from truth
A spokesman of the Hong Kong Special Administrative Region (HKSAR) Government today (July 4) said that the statement made by the former non-permanent judge of the Court of Final Appeal (CFA), Brenda Hale, on the Hong Kong National Security Law (HKNSL) and the rule of law and independent judicial power in Hong Kong is far from the truth, particularly her assertion that the so-called "the National Security Law has taken over the Basic Law" is absolutely incorrect and contrary to the facts.
Brenda Hale was appointed as a non-permanent judge of the CFA in 2018 but has never been involved in the hearing of any cases. She indicated to the Judiciary in June 2021 that, for personal reasons, she would not wish to have her appointment extended for another term upon the expiry of her then appointment, which differs from her current statement.
The HKSAR Government spokesman said that any claims that the HKNSL overrides the Basic Law are incorrect. Article 1 of the HKNSL clearly states that the Standing Committee of the National People's Congress (NPCSC) enacts the HKNSL in accordance with the Constitution, the Basic Law, and the Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the HKSAR. The HKNSL was promulgated and implemented in the HKSAR on June 30, 2020, which has addressed the shortcomings and plugged the loopholes in the legal system and enforcement mechanisms for safeguarding national security of the HKSAR. The HKNSL and other laws in safeguarding national security in the HKSAR firmly adhere to the principle of the rule of law while protecting the rights and freedoms enjoyed under the Basic Law in accordance with the law.
The judicial system of the HKSAR is protected by the Basic Law. According to Articles 2, 19 and 85 of the Basic Law, the HKSAR shall be vested with independent judicial power, including that of final adjudication; the courts shall exercise judicial power independently, free from any interference. All judges and judicial officers abide by the Judicial Oath and administer justice in full accordance with the law, without fear or favour, self-interest or deceit.When adjudicating cases of offences endangering national security, as in any other cases, judges remain independent and impartial in performing their judicial duties, free from any interference. The implementation of the HKNSL over the past five years has proven that the courts have handled all the cases involving the HKNSL strictly in accordance with the above principles.
The authority of the NPCSC to interpret the Basic Law and national laws that apply in the HKSAR is a fundamental aspect of the "one country, two systems" principle and has long been recognised in the jurisprudence of the HKSAR.It is therefore entirely in line with the "one country, two systems" principle that the general power to interpret the HKNSL being a piece of national law, as stipulated in Article 65 thereof, is also vested in the NPCSC. The interpretation given by the NPCSC on Articles 14 and 47 of the HKNSL in December 2022 does not and did not directly deal with any specific judicial proceedings or cases. Rather, it clarifies the meaning of the relevant legal provisions and the basis for application of the HKNSL. It does not in any way impair the independent judicial power and the power of final adjudication of the HKSAR courts as guaranteed by the Basic Law. It is for the HKSAR to resolve specific cases and issues by itself.
The long-time presence of esteemed judges from overseas appointed or reappointed as non-permanent judges of the CFA participating in hearings of the Court, as well as after the enactment of the HKNSL, has been conducive to the international legal environment and the development of the jurisprudence of common law in Hong Kong. There are currently six non-permanent judges from the United Kingdom, Australia and New Zealand in the CFA.
CFS to follow up certain batches of powdered infant and young children formula with possible presence of Cereulide produced by Bacillus cereus
The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department (FEHD) today (January 10) said that, it took initiative to meet with Nestlé Hong Kong again today, and confirmed the company's today announcement of an additional batch of powdered infant and young children formula suspected to have possibly used the raw material concerned. Nestlé Hong Kong has voluntarily stopped sales, removed from shelves the affected products and has initiated a precautionary recall. The CFS has collected samples of powdered infant and young children formula from the market for Bacillus cereus testing, the test results so far were satisfactory. The Environmental and Ecology Bureau is also closely monitoring the supply situation of other formula milk powder and maintaining communication with other major suppliers. It is noted that there is sufficient formula milk powder to meet the demand.
The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department (FEHD), Photo source: reference image
The spokesman said, the CFS has been actively following up on Nestlé company's voluntary and precautionary recalls of certain batches of its powdered infant and young children formula in certain areas in Europe due to possible presence of Cereulide produced by Bacillus cereus in the individual raw material. According to the latest information from Nestlé Hong Kong today, an additional batch of its powdered infant and young children formula imported into Hong Kong might have used the raw material concerned. The CFS had earlier enhanced surveillance in the market and collected a sample from the above batch for testing of Bacillus cereus. The test result of the sample was satisfactory. Nevertheless, as a precautionary measure, Nestlé Hong Kong has voluntarily stopped sales, removed from shelves the affected products and has initiated a precautionary recall.
Product details are as follows:
Product name (Net weight): NAN PRO 1 2 HMO (800g)
Batch number: 51670742F2
Best-before date: June 16, 2027
Place of Origin: Germany
"The CFS met Nestlé Hong Kong again today, urging them to properly handle the product recall issue and respond to public enquiries, in order to safeguard consumers' legitimate rights and interests. In addition, the CFS and Nestlé Hong Kong have jointly followed up, six suspected affected batches of infant and young children formula products that had not entered the market were marked and sealed. An additional 15 batches are currently en route to Hong Kong and will also be marked and sealed upon arrival. The CFS will continue to closely monitor the recall matters and remain fully committed to ensuring food safety, " the spokesman said.
Nestlé Hong Kong has initiated a recall of the affected batches of the products concerned. For enquiries about the recall, members of the public may contact the company through the following channels:
Consumer services hotline: 2599 8874 / 2797 6031/ 2179 8136 (Monday to Sunday, 9am to 9pm)
Email: consumerservices@hk.nestle.com
WhatsApp: 5283 4139 (NESTLÉ® NAN®) / 2599 8871 (Wyeth® Nutrition)
Online form: forms.office.com/e/BhqMhWfsUG?origin=lprLink
Consumers may choose to bring along the products (brand new or opened) for refund at place of purchase, or at exclusive service counters of Nestlé Nutrition Services from January 13 (Tuesday) onwards, to settle the recall and refund of the batches of the products concerned. Details of the exclusive service counters are as follows:
Kowloon Services Counter
Address: G/F, Park Hovan Commercial Building, 18 Hillwood Road, Tsim Sha Tsui, Kowloon (MTR Jordon Station Exit D)
Contact number: 3996 8196
Office hour: Monday to Saturday, 11am to 7.30pm; Sunday, 1pm to 5.30pm (except public holidays)
Hong Kong Services Counter
Address: 1/F, Ka Nin Wah Commercial Building, 423-425 Hennessy Road, Hong Kong (MTR Causeway Bay Station Exit B)
Contact number: 3996 8197
Office hour: Monday to Saturday, 11am to 7.30pm (except Sundays and public holidays)
The CFS, through its Food Incident Surveillance System, noted earlier that certain batches of Nestlé powdered infant formula were being voluntarily recalled in Europe due to possible contamination with Bacillus cereus. Upon learning of the incident, the CFS has immediately initiated follow up actions, published food incident posts to inform the public and the trade about the issue, and has been actively following up on the incident and enhanced surveillance.
Over the past three days (as of 4pm on January 9), the FEHD received a total of 18 food complaints and enquiries suspected to be related to the infant and young children formula products, including one anonymous complaint without contact information. The CFS and the Environmental Hygiene Branch have promptly followed up on all cases, including contacting the parties concerned to obtain details and collecting samples for testing. In addition, the CFS has referred the cases to the health department for follow-up. At present, no food poisoning cases related to the formula have been recorded.
Bacillus cereus is commonly found in the environment. Unhygienic conditions in food processing and storage may give rise to its growth. Cereulide is a heat-stable toxin produced in food by some strains of Bacillus cereus. Consuming food contaminated with excessive Bacillus cereus or its heat-stable toxins may cause gastrointestinal upset such as vomiting and diarrhoea.
The spokesman urged members of the public not to let infants and young children consume the affected batches of the products, and to seek medical treatment for infants or young children who felt unwell after taking the products concerned. The trade should also stop using or selling the affected batches of the products immediately.
"The CFS continues to closely monitor the developments of the situation, follow up and take appropriate action," the spokesman said.
The infant formula of Nestlé, Photo source: online image
