China Legal Blog
Aggregated China Law Information

Chinese e-commerce giant Alibaba Group Holdings Limited plans to spend the next five to ten years to expand e-commerce amongst small and medium businesses in China’s western provinces, says Jack Ma, the company’s founder and executive chairman in a company announcement. The move comes after Alibaba announced last month that it would invest US$1.6 billion […]

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The rule of law is a fundamental core value of Hong Kong and the entire community must respect it and court decisions.

 

This was the message from Secretary for Justice Rimsky Yuen to legislators today, saying the aspiration to attain universal suffrage cannot be used as a pretext to challenge the rule of law.

 

Quoting Justice Au’s judgement on the injunction application, the rule of law includes the notion that every citizen and the government should obey and comply with the law, and if defendants believe a court order is wrongly granted, they should first obey it and then challenge the order through the judicial process.

 

He said it is wrong to suggest the rule of law is not challenged if people disobey the law first and then accept the consequences. The rule of law cannot realistically and effectively operate in a civilised and orderly society on this basis. The rule of law must be built upon the due administration of justice for the enforcement of court orders and the law.

 

The judgement also says there have been repeated wrong suggestions by public figures on the rule of law, causing unwarranted misunderstanding on the concept.

 

He said the Government welcomes the courts' exposition of the rule of law, and appeals to people to obey and comply with the law and court orders, and to express their views in a peaceful and law abiding manner, or else there will be profound damage to Hong Kong.

 

The Department of Justice has worked to educate the public on the rule of law through various channels, including the annual Prosecution Week and Law Week. Legal and rule of law education is also included in primary and secondary school curricula.

 

Speaking on the power of citizens to arrest, Mr Yuen said it is only applicable to an arrestable offence, which means an offence which the sentence is fixed by law or subject to at least 12 months in jail. Police have the statutory power to arrest suspects, and people witnessing any offence should report it to Police immediately.

Police are determined to, and capable of, maintaining public order, Police Public Relations Branch Chief Superintendent Steve Hui says, calling on people not to justify unlawful behaviour with excuses.

 

Speaking at a press conference this afternoon, Mr Hui said Police assisted bailiffs in executing injunction orders in Mong Kok and had used other powers conferred by the law to clear obstacles at various locations yesterday and today.

 

He refuted accusations officers had not given enough warning before taking action and used unnecessary force. He said repeated appeals and warnings were made through announcements and the display of banners, and adequate time was given for the illegal occupiers to leave the streets, but they refused to comply.

 

He noted some people are arguing that Portland Street is not covered by the injunction order and have called on more protesters to occupy roads in Mong Kok and to put up a strong resistance against police enforcement action. Such behaviour is irresponsible and full of twisted facts, he said, adding they are trying to distract others from the fact they were engaged in an unlawful assembly.

 

He said Police will continue to take resolute action to maintain order and stop people from illegally occupying reopened streets or other sections of roads.

The Police have the authority to maintain public order beyond helping bailiffs to clear blockades in Mong Kok, Secretary for Justice Rimsky Yuen said today.

 

Addressing reporters, Mr Yuen responded to protesters' doubts whether the court's injunction had given officers the power to remove protesters during yesterday's confrontation at the Mong Kok protest site.

 

He said the court order makes it clear that police can assist bailiffs to enforce the injunction.

 

The justice chief added that if circumstances render it necessary, the Police are duty-bound to discharge their duties to maintain peace and prevent other criminal activities.

Chief Executive CY Leung has urged protesters not to reoccupy cleared roads in Mong Kok.

 

Addressing reporters during his duty visit in Korea today, Mr Leung said the occupation is illegal and any attempt to obstruct bailiffs and Police executing their duties is also illegal.

 

Transport and people’s lives have been seriously affected by the occupation of roads over the past two months, he said, adding protesters must start abiding by the law.

 

Police have been restrained in their actions so far, using minimum force, he said.

 

On the arrest of a reporter during the clearance, Mr Leung said Police and media work together well, and any complaints will be handled according to established mechanism.

Police today arrested seven interdicted officers for the alleged assault of a protester on Lung Wo Road last month.

 

The arrest was made after seeking legal advice.

 

Police said there has been no delay in the handling of the case. However, the complainant failed to attend an identification parade today despite confirming he would appear. Police urged him to assist in the investigation.

 

The complaint is being handled by the Complaints Against Police Office Special Investigation Team.

Secretary for Security TK Lai has urged protesters in Mong Kok to stop their unlawful assembly and occupation of roads and leave immediately, adding they must not obstruct Police from carrying out the court's injunction, and not charge at officers.

 

Mr Lai told reporters today Police provided assistance to remove obstacles at the bailiffs' request yesterday.

 

He said some protesters refused to leave and scuffled with officers despite repeated appeals and warnings. Police took swift action to disperse the crowd with minimum force.

 

Police have arrested 116 people for offences including unlawful assembly, assaulting and obstructing police, and possessing weapons. Seventeen have been charged and will appear in Kowloon City Magistracy today.

 

Twenty police officers have been injured during the site clearance.

 

On the arrest of a member of the media, Mr Lai said Police always provide assistance to reporters and will investigate and handle the case in an independent, fair and transparent manner.

Police have arrested 86 people during the Mong Kok protest site clearance yesterday, in which nine officers were injured.

 

 After the roads on Argyle Street near Portland Street were re-opened yesterday afternoon, protesters gathered around Portland Street, Shanghai Street, Shantung Street, Reclamation Street and Ferry Street.

 

They confronted the Police and tried to block the roads again using obstacles, but officers took action to drive them out.

 

Police arrested 77 men and nine women for offences including unlawful assembly, assaulting Police, possessing offensive weapons and obstructing Police officers.

 

The force appealed to people not to go to those areas of Mong Kok to avoid unnecessary injuries. It also reminded journalists covering the site clearance to mind their personal safety.

 

The Police also stressed they are duty bound to take action to safeguard public order and safety.

Chinese conglomerate Fosun International has joined forces with Hong Kong-listed Chinese nutritional supplements and health food products firm Nanjing Sinolife United Co., Ltd. to acquire New Zealand's Good Health Products Limited for NZ$23.37 million (US$18 million) in cash, according to a regulatory filing. Fosun and Nanjing Sinolife established a joint venture, owned 40% and 60% […]

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Despite recent property market deterioration, new housing prices in China's eight major cities' central districts grew at 14.79% compound annual growth rate during the past eight years, according to the findings of a new report jointly released by the Peking University-Lincoln Institute Center for Urban Development and Land Policy and the Hang Lung Center for […]

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Chinese President Xi Jinping will bring a "gift basket" during his planned visit to Macau next month, which may be the beginning of a series of policy support initiatives that Beijing is likely to offer to the gaming center suffering from declining gaming revenues, says a research report by Nomura Holdings. The Lotus Bridge check […]

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Police will support bailiffs executing the court order to remove barriers on Nathan Road between Argyle Street and Dundas Street tomorrow.

 

Police today again met the plaintiffs of the injunction orders on the unlawful occupation of roads in Mong Kok and the bailiffs who will execute the orders.

 

The bailiffs are authorised by the court to execute the orders, and anyone obstructing them faces contempt of court charges.

 

Police said it will take action against any hindrance of the execution, and will reclaim government property, such as mills barriers and water barriers, which have been illegally taken by the occupiers.

 

They reiterated that resolute action will be taken to preserve public order and safety.

Police today arrested 32 people while helping bailiffs execute a court order to remove barriers on Argyle Street between the junction of Tung Choi and Portland Streets.

 

Briefing the media this evening, Police Public Relations Branch Senior Superintendent Kong Man-keung said some people obstructed bailiffs executing the court injunction on Argyle Street and violently charged Police officers.

 

Police arrested 18 men and five women.

 

Some protesters then unlawfully assembled on Portland Street, blocking the road and violently charging at Police.

 

Mr Kong said Police took resolute enforcement action and arrested nine more men.

 

Three Police officers were injured.

 

He urged protesters to stay calm and leave the scene immediately, and called on the public to avoid the Mong Kok protest sites.

Chief Executive CY Leung said he has full confidence in the Police's law enforcement work and believes they can help the bailiffs remove obstacles in Mong Kok.

 

Speaking to reporters ahead of the Executive Council meeting this morning, Mr Leung said he and his administration hope to implement universal suffrage in accordance with the Basic Law and the relevant decisions of the National People's Congress Standing Committee and he welcomed any discussions on constitutional development based on this.

 

On the issue of some Hong Kong journalists being banned from entering the Philippines, Mr Leung said he was concerned, but that the Philippine government's response was positive yesterday.

Six months after completing a US$1.78 billion IPO on the NASDAQ, Beijing-headquartered Chinese e-commerce operator JD.com, Inc. is returning to the U.S. capital market with a plan to raise as much as US$500 million in a follow-on offering, according to a securities filing. JD.com is not selling any new shares in the proposed offering. The […]

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Fidelity Growth Partners, the venture capital and private equity arm of Fidelity Worldwide Investment, says it has agreed to invest RMB62.5 million (US$10 million) in Beijing-based ophthalmology products firm Eye Bright Medical Technology Co., Ltd., according to Chinese media reports. Two entities under Fidelity Growth Partners, Fidelity Growth Partners Asia and Fidelity Biosciences, will make […]

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Western Australia-based uranium production company Paladin Energy Ltd. says it plans to raise a total of US$177 million in a private placement deal, including a capital injection of US$52 million from a unit of Chinese private equity firm Hopu Investment Management Co., according to a company announcement. Hopu Clean Energy (Singapore) Pte. Ltd. will subscribe […]

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China's decision to cut interest rate last Friday after market close will only have short-term sentiment boost to the market, and its effect will last no more than a few days, says a research report by BofA Merrill Lynch Global Research. The timing of an interest rate cut is earlier than anticipated. It is likely […]

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Hangzhou-based Chinese financial software company Hundsun Technologies Inc. says it has signed an agreement with three strategic investors to inject RMB390 million (US$63.5 million) into one of its subsidiaries, with the hope to develop it into a leading financial data services firm in China, according to a securities filing. The three investors include financial media […]

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Shenzhen-based Chinese nuclear power plant operator CGN Power Co. Ltd., the largest in the country, is raising up to US$3.16 billion in an IPO in Hong Kong today, according to media reports. CGN Power initially filed with the Hong Kong Stock Exchange in August. It is currently taking orders from investors, and plans to issue […]

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Hebei Coastal Industry Investment fund, jointly established by Hebei Construction & Investment Group Co., Ltd. and a number of private Chinese enterprises, has been launched officially with a fundraising target of RMB20 billion (US$3.3 billion), according to Chinese media reports. Approved by China's National Development and Reform Commission, the fund has obtained business license to […]

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