Hong Kong Hosts 15th China-ASEAN Prosecutors-General Conference to Strengthen Multilateral Legal Cooperation Against Transnational Crimes.

Speech by SJ at opening ceremony of 15th China-ASEAN Prosecutors-General Conference (with photo/video)

Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the opening ceremony of the 15th China-ASEAN Prosecutors-General Conference today (September 23):

The Honourable Prosecutor General Mr Ying Yong (Secretary of the Party Leadership Group and Prosecutor General of the Supreme People's Procuratorate), The Honourable Chief Executive Mr John Lee, attorneys general, prosecutors general, distinguished guests, ladies and gentlemen,

Good Morning. I wish to extend a warm welcome again to each and every one of you for joining us today at the opening ceremony of the 15th China-ASEAN Prosecutor-General Conference. We are indeed extremely honoured that the state parties to the China-ASEAN Prosecutor-General Conference agreed to hold this year's conference in Hong Kong. More importantly, I would like to thank the Central People's Government and the Supreme People's Procuratorate, in particular, Prosecutor General Mr Ying Yong, for the trust and confidence in the Department of Justice of the Government of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China (PRC) by giving us the chance to organise this importance Conference for the very first time.

The China-ASEAN Prosecutor-General Conference is one of the highlights of multilateral procuratorial co-operation between the PRC and ASEAN (Association of Southeast Asian Nations). Its establishment was initiated by the Supreme People's Procuratorate back in 2004. The Conference has now been firmly incorporated into the overall framework of the China-ASEAN Comprehensive Strategic Partnership. It has become a regular multilateral platform for high-level co-operation between China and ASEAN to enhance capacities of procuratorial organs in combatting transnational crimes, protecting people's livelihoods and maintaining regional stability.

Hong Kong, being a special administrative region of the People's Republic of China, together with Macao enjoying the same status, have been given the opportunity to take part in this international procuratorial co-operation mechanism. As the Secretary of Justice of Hong Kong, I attend the Conference in dual capacity: first, as a member of the Chinese delegation; and second, as the head of delegation of the HKSAR. This serves as a vivid example of Hong Kong's special status under the fundamental principle of "one country, two systems".

Under this fundamental principle, Hong Kong applies the common law system with a judiciary having the independent power of adjudication including that of final adjudication. Hong Kong has also been authorised to take part in international affairs in different areas either as a member of the PRC or in the name of Hong Kong, China. Let me focus on legal co-operation between the HKSAR and ASEAN countries.

At present, the HKSAR has operative bilateral mutual legal assistance agreements with Indonesia, Malaysia, the Philippines and Singapore. For other ASEAN jurisdictions, the HKSAR may co-operate with them based on reciprocity undertakings and key international conventions relating to combatting transnational crimes such as the United Nations Convention Against Corruption and the United Nations Convention Against Transnational Organised Crime. In the past year, the HKSAR has processed 85 mutual legal assistance requests received from ASEAN member jurisdictions and we have issued eight requests to our ASEAN counterparts. Those cases cover asset recovery requests relating to various offences including corruption and money laundering. In addition, the HKSAR has also signed a memorandum of understanding with Brunei, Cambodia and Thailand on general legal co-operation.

Hong Kong's success as an international financial, trading and shipping centre depends very much on its strong rule of law, being one of the least corrupt places in the world and providing a secure environment whilst allowing free flow of capital and property. Hong Kong will spare no effort in strengthening our collaborations with ASEAN member states on addressing and combatting transnational crimes in response to the new developments in the region's economic and social landscape.

At the plenary session which will begin soon, I will share with you relevant developments and experiences in Hong Kong concerning the theme of this year's Conference, namely, "Combatting Money Laundering and Corruption, and Recovering Assets in the Technological Age". I also look forward to hearing from Prosecutor-General Mr Ying Yong and the heads of delegation from ASEAN member states.

As proven by the success which has been achieved in the past conferences, I am confident that by sharing knowledge and experiences in our respective jurisdictions, we will all be in a better position to address issues and overcome challenges relating to the theme of this Conference. More importantly, this Conference provides an excellent opportunity for leaders and representatives of the prosecutorial organs of all participating jurisdictions to establish and strengthen our friendship, and to consolidate our solidarity and determination to combat transnational crimes together.

On this note, I wish you all a very pleasant stay in Hong Kong, and a very constructive and successful Conference. Thank you very much.

Speech by SJ at opening ceremony of 15th China-ASEAN Prosecutors-General Conference Source: HKSAR Government Press Releases

Nine persons arrested during anti-illegal worker operations

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Twilight" and joint operations with the Hong Kong Police Force codenamed "Champion" from January 9 to yesterday (January 15). During the anti-illegal worker operations, ImmD officers raided multiple target locations including wet markets, hair salons and retail stores etc. Eight suspected illegal workers and one suspected employer were arrested. The arrested suspected illegal workers comprised two men and six women, aged 32 to 57. Among them, one man and one woman were holding recognisance forms which prohibit them from taking any employment. A man aged 32 was suspected of employing the illegal workers and was also arrested. An investigation into the suspected employer is ongoing, and the possibility of further arrests is not ruled out.

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."

The spokesman stressed 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) and/or forced labour victims. When any TIP and/or forced labour 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 and/or forced labour elements. Identified TIP and/or forced labour 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 and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

Nine persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases