Secretary for Justice Leads Delegation to Kazakhstan to Promote Bilateral Legal Collaboration

SJ leads cross-professional delegation to promote Hong Kong legal and dispute resolution services in Kazakhstan

The Secretary for Justice, Mr Paul Lam, SC, continued to lead a cross-professional delegation comprising members of Hong Kong's legal and dispute resolution sectors, as well as the financial and accounting sectors, to visit Almaty, Kazakhstan, today (August 26, Almaty time). They attended the Collaborate2Win seminar and a networking lunch to promote the unique strengths of Hong Kong's common law system to the local industry.

At the seminar, Mr Lam highlighted in his opening remarks that while Hong Kong is a leading common law jurisdiction providing reliable and top-quality international legal services, the city has been making tremendous efforts to use its common law advantages to maintain and promote Hong Kong's status as an international financial centre. He said that Hong Kong can be Kazakhstan's important and even indispensable partner in view of the city's unique status as a premier financial hub with common law advantages.

The seminar is co-organised by the Department of Justice (DoJ) and the Hong Kong Trade Development Council (HKTDC), attracting more than 160 representatives from local legal and business sectors to attend. The First Deputy Prosecutor General of the Republic of Kazakhstan, Mr Umiraliyev Zhandos Zhanibekovich; the Consul General of the People's Republic of China in Almaty, Mr Su Fangqiu; and Associate Executive Director of the HKTDC Ms Anna Cheung delivered speeches at the seminar.

Entitled "Hong Kong - A Premier Financial Hub with Common Law Advantages - Your Indispensable Partner for Global Success", the panel discussion was moderated by the Head of Business and Professional Services of Invest Hong Kong, Mr Herman Tse. The Commissioner for Belt and Road, Mr Nicholas Ho, introduced Hong Kong's status as the global gateway under the Belt and Road Initiative. The Executive Director of the Financial Services Development Council, Dr Rocky Tung, then presented the latest developments of Hong Kong as a leading international financial centre. Representatives from Hong Kong legal, arbitration and accounting sectors also illustrated the distinctive role of Hong Kong's common law system in corporate finance and investment protection, its business-friendly tax system, and the latest developments of the arbitration regime during the panel discussion.

Upon arriving in Almaty yesterday (August 25, Almaty time), Mr Lam and the delegation met with the representative of a local Chinese Mainland law firm to have a better understanding of the latest developments of the local legal service sector. Mr Lam also introduced the DoJ's initiatives to promote Hong Kong's legal services and to co-ordinate with financial, accounting and other professional services in supporting Chinese Mainland enterprises expanding overseas, and discussed with representatives the common legal issues that enterprises encounter while going global. They then met with representatives from the chamber of commerce of Shaanxi in Kazakhstan to learn more about the latest developments of Chinese Mainland enterprises in Kazakhstan, and to promote Hong Kong's professional services to enterprises from the Chinese Mainland and Kazakhstan, to leverage Hong Kong as a major gateway for venturing into international markets.

Mr Lam and the delegation will depart for Uzbekistan this afternoon to continue their visit.

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam (centre) meeting with representatives from the chamber of commerce of Shaanxi in Kazakhstan yesterday (August 25, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows (from left) the Head of Business and Professional Services of Invest Hong Kong, Mr Herman Tse; the Commissioner for Belt and Road, Mr Nicholas Ho; the Executive Director of the Financial Services Development Council, Dr Rocky Tung; Partner of Baker & McKenzie Mr Simon Leung; Tax Partner of KPMG China Mr Stanley Ho; and the Secretary-General of the Hong Kong International Arbitration Centre, Ms Joanne Lau, sharing their insights at the panel discussion of the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam (fourth right) and the delegation meeting with the representatives of a local Chinese Mainland law firm yesterday (August 25, Almaty time). The Commissioner for Belt and Road, Mr Nicholas Ho (third right), and Associate Executive Director of the Hong Kong Trade Development Council Ms Anna Cheung (fifth right) also attended the meeting. Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam (centre); the First Deputy Prosecutor General of the Republic of Kazakhstan, Mr Umiraliyev Zhandos Zhanibekovich (second left); the Consul General of the People's Republic of China in Almaty, Mr Su Fangqiu (second right); the Commissioner for Belt and Road, Mr Nicholas Ho (first right); and Associate Executive Director of the Hong Kong Trade Development Council Ms Anna Cheung (first left) at the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows the Consul General of the People's Republic of China in Almaty, Mr Su Fangqiu, speaking at the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Associate Executive Director of the Hong Kong Trade Development Council Ms Anna Cheung delivering her welcome remarks at the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam delivering his opening remarks at the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam (second right) and the Consul General of the People's Republic of China in Almaty, Mr Su Fangqiu (second left), exchanging views before the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

The Secretary for Justice, Mr Paul Lam, SC, led a cross-professional delegation to visit Almaty, Kazakhstan. Photo shows Mr Lam (left) and the delegation exchanging views with the First Deputy Prosecutor General of the Republic of Kazakhstan, Mr Umiraliyev Zhandos Zhanibekovich (right), before the Collaborate2Win seminar today (August 26, Almaty time). Source: HKSAR Government Press Releases

25 persons arrested during anti-illegal worker operations

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Twilight", a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed "Flabbergast", and joint operations with the Hong Kong Police Force codenamed "Champion" and "Windsand" from October 30 to yesterday (November 8). During the anti-illegal worker operations, ImmD officers raided multiple target locations including restaurants,flats under renovation and industrial buildings. Nineteen suspected illegal workers, one suspected employer and five overstayers were arrested. The arrested suspected illegal workers comprised 10 men and nine women, aged 20 to 54. Among them, three men and a woman were holding recognisance forms which prohibit them from taking any employment, and a woman was suspected of using and being in possession of a forged Hong Kong identity card. A man aged 55 was suspected of employing the illegal workers and was also arrested. Furthermore, the arrested overstayers were a man and four women, aged 29 to 39. An investigation into the suspected employers 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. Under the prevailing laws, it is an offence to use or possess a forged identity card or an 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 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 185 185, fax at 2824 1166, emailanti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form atwww.immd.gov.hk.

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