Speech by SJ at launch of Hong Kong International Legal Talents Training Academy (with photo/video)
Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the launch of the Hong Kong International Legal Talents Training Academy under Hong Kong Legal Week 2024 today (November 8):
Vice-Minister Mr Wang Zhenjiang (Vice-Minister of Justice), Commissioner Cui (Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region, Mr Cui Jianchun), distinguished guests, ladies and gentlemen,
Good afternoon. Today marks a milestone as we embark on a new journey to nurture legal talents in Hong Kong, China as a whole, and countries along the Belt and Road, as well as across the globe. The ceremony today has been graced by the presence of so many distinguished guests from home and abroad. I am deeply grateful to each and every one of you, witnessing together the launch of the Hong Kong International Legal Talents Training Academy.
I have to confess that I am rather excited and also emotional today. This is because the establishment of the Academy is very much my brainchild. Its gestation, from conception to delivery, lasted for more than a year. I am thrilled to see the birth of a healthy and energetic baby full of potential today.
The initiative to establish the Academy was first mentioned in the Chief Executive's 2023 Policy Address. To take forward this initiative, the Hong Kong International Legal Talents Training Office and the Hong Kong International Legal Talents Training Expert Committee were set up on October 8 this year. I am very pleased that Dr Yang Ling, a renowned scholar in international legal and dispute resolution with extensive management experience, has agreed to take up the post of Director of the Office. On the other hand, the Expert Committee consists of three advisory boards, namely the International Advisory Board, the Mainland Advisory Board and the Hong Kong Advisory Board. We are truly honoured that 17 distinguished legal experts specialising in a wide range of legal subjects from different jurisdictions have agreed to be the founding members of the Expert Committee.
The Expert Committee has just held its first Plenary Meeting yesterday, during which expert members shared their professional insights and experiences, and offered valuable advice, in different areas. Some of the eminent experts from overseas have graciously taken the time to come all the way from places as far as, for example, Europe to Hong Kong to join us at the Hong Kong Legal Week and today in the launching ceremony. I thank all of you for your unwavering support.
As foreshadowed in the Chief Executive's 2024 Policy Address announced a few weeks ago, the Hong Kong International Legal Talents Training Academy is officially launched today.
The Academy seeks to capitalise on Hong Kong's unique strengths and advantages made possible by the "one country, two systems" principle as the only bilingual common law system, using both English and Chinese, with international characteristics, which always enjoy a high reputation around the world. It will serve as a capacity building, as well as knowledge and experience sharing, platform for legal professionals in Hong Kong, the Mainland and other countries, in particular those along the Belt and Road.
Insofar as Hong Kong legal professionals are concerned, they are likely to be both teachers and students of the Academy. I am a strong believer in the saying, in Chinese "教學相長", which means when you teach someone, both the teacher and the student will benefit. Insofar as our country China is concerned, the establishment of the Academy is indeed extremely timely because, in the Resolution of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese Modernization adopted on July 18, 2024, there is a specific section on strengthening the rule of law in foreign-related affairs by, among other things, the training of legal professionals for foreign-related affairs. Turning to friends from other countries, in particular those along the modern Belt and Road, as the Belt and Road Initiative has just entered into its second decade this year, it is clearly essential for us to strengthen our legal capabilities jointly to ensure that our future co-operation will be based on a solid foundation of the rule of law.
The child is born today. I would like to take this opportunity to invite you to bring him up together. Although this child's genetic parent is Hong Kong, he is meant to be a child belonging not just to Hong Kong, but also China as a whole and friends around the world. It is in our common interest to see this child growing up wisely, strongly and happily.
Thank you very much.
Speech by SJ at launch of Hong Kong International Legal Talents Training Academy (with photo/video) Source: HKSAR Government Press Releases
Two foreign domestic helpers jailed for performing illegal work
One foreign domestic helper and one overstaying former foreign domestic helper were jailed by the Shatin Magistrates' Courts today (November 8) for performing illegal work.
During an anti-illegal worker operation conducted on November 6, Immigration Department (ImmD) officers from the Foreign Domestic Helpers Special Investigation Section raided multiple target locations including restaurants and grocery shops in the Islands District. Two Filipino males and one Filipino female, aged between 45 to 63, of which two were found to be current foreign domestic helpers while one of them was found to be a former foreign domestic helper who has overstayed in Hong Kong, were arrested while working as movers of food ingredients and as a dish-washing worker. Three employers suspected of employing the three illegal workers were also arrested.
Two of the arrested illegal workers were charged at the Shatin Magistrates' Courts today with breaching their condition of stay, and taking employment while being a person who, having been given permission to land in Hong Kong, had remained in Hong Kong in breach of their limit of stay imposed in relation to the permission and overstaying in Hong Kong respectively. Both of them pleaded guilty to all charges and were sentenced to a total of 14 months' imprisonment and six weeks' imprisonment respectively. The investigation against the remaining arrestees is ongoing, and more persons involved in the case may be arrested.
"A helper should only perform domestic duties for the employer specified in the contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person," an ImmD spokesman said.
The spokesman also said, "Any person who contravenes a condition of stay in force in respect of him/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 in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three 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.
