China Legal Blog
Aggregated China Law Information

The Immigration Department and Police today arrested 11 male and four female Mainland visitors, aged 30 to 72, in an anti-illegal employment crackdown in the northern New Territories.

 

They were arrested for breaching their conditions of stay by being involved in suspected parallel goods trading in Pak Wo Road in Fanling and Ka Fu Close in Sheung Shui.

 

Officers seized large amounts of milk powder, baby food and daily necessities during the operation.

 

Visitors are not allowed to take up employment in Hong Kong, whether paid or unpaid, without the permission of the Immigration Department.

The Director of Public Prosecutions will cancel the Marine Department summons against Diaoyu Islands activist Lo Hom-chau, after ruling it is not in the public interest to prosecute him.

 

Mr Lo was notified of the decision today, and reminded to comply with the law, particularly the Merchant Shipping (Local Vessels) Ordinance.

 

A similar warning letter was also issued to fellow activist Yang Kuang.

 

On February 14 the Marine Department issued a summons against Mr Lo for leaving Hong Kong on August 12 last year, and disregarding the condition of a vessel and directions to stop it.

 

The summons was cancelled by Eastern Magistracy on February 27.

 

The department said, while the right to demonstrate and freedom of expression are protected by the law, the public must act in accordance with the law, including the legal requirements for the maintenance and use of vessels.

Secretary for Security TK Lai says the bodies of the Hong Kong tourists who died in Tuesday's hot-air balloon accident in Egypt should be brought back to Hong Kong properly, and as soon as possible.

 

Speaking to the media today, Mr Lai said chartering a flight is an option, but there are also other means to bring them back.

 

He said it is important to consider the families’ wishes, and to return the bodies as soon as possible.

 

The Government will help arrange for on-site ceremonies to be held by the families.

 

Egyptian authorities will help in the body identification process, and experts have arrived in the country to assist.

 

The Government has also sent a DNA specialist, in case the bodies cannot be identified by sight.

All prosecutions against bribery are done impartially, irrespective of the identity, background and social status of the people involved.

 

This was the message from Secretary for Justice Rimsky Yuen, who spoke at the Independent Commission Against Corruption Seminar on the Development & Management of Anti-corruption Systems in Hong Kong & Mainland China today.

 

Mr Yuen said the Government has zero tolerance for corruption, and the Department of Justice attaches great importance to anti-graft legislation and prosecution work.

 

"In the report published in 2012 by the global coalition against corruption, Transparency International, Hong Kong ranked 14th among more than 170 countries and places. The report shows Hong Kong is still one of the most corruption-free cities."

 

Mr Yuen called for concerted efforts to fight against corruption to maintain Hong Kong's clean reputation, and appealed for closer exchange and co-operation with the Mainland to fight cross-boundary crime.

The Customs & Excise Department today warned that people departing Hong Kong should note the new regulation on the export of powdered infant formula will take effect on March 1.

 

The Import & Export (General)(Amendment) Regulation prohibits the unlicensed export of more than 1.8kg of powdered formula, including milk powder and soy milk powder, for infants and children under 36 months.

 

Only people aged 16 or above who have not left Hong Kong in the previous 24 hours can carry the restricted amount. Offenders face two-year's jail and a $500,000 fine.

 

For children leaving Hong Kong together with a person aged 16 or above, the prohibition does not apply to powdered formula not exceeding a reasonable quantity for the children's consumption during the travel period from a point of exit in Hong Kong to the next point of entry in a place outside Hong Kong. The powder must be in an unsealed container.

 

The department said it will strengthen export control and enhance baggage and cargo inspection. It will also enhance intelligence collection with Mainland authorities.

 

It will boost publicity of the new regulation in the northern New Territories and at control points.

Secretary for Security TK Lai says experts will travel to Cairo this evening to help identify bodies from a hot-air balloon accident, in which tourists from Hong Kong were killed.

 

Speaking to media today, Mr Lai said the group of experts includes doctors from health authorities, a DNA specialist from the Government Laboratory, and Police.

 

"This step we are going to take is to ensure that there will be a smooth passage during the body identification process," he said.

Two women who claimed to have been unlawfully detained in Argentina will be escorted back to Hong Kong by Police tomorrow.

 

Three Hong Kong Police officers are in the country to help Argentinian authorities investigate the case. Two will stay behind to continue the probe, while the third will escort the women back to Hong Kong.

 

Police received two reports on February 20 and 21 that a 17-year-old woman and an 18-year-old woman were unlawfully detained in Argentina. The three officers were sent to Buenos Aires on February 23 and spoke with the women.

 

They said they were contacted through a social media network and induced into transporting a vase and a painting from Hong Kong to South America. They left Hong Kong with a 19-year-old man on February 6. Upon arrival they discovered the vase had been damaged and they were detained but subsequently released.

 

Police arrested a 17-year-old woman suspected of handling stolen goods in Sheung Shui on February 22, and she has been released on bail.

Customs officers have charged a 27-year-old man with drug trafficking after they seized 2.1kg of cocaine from a speedpost parcel from Sao Paulo, Brazil, at the airport.

 

The drug, worth about $2.18 million, was concealed inside 30 printer parts inside the package, which officers found on Sunday.

 

They arrested the man, who claimed to be unemployed, on Monday. He will appear at Tsuen Wan Magistrates Court today.

 

The maximum penalty for drug trafficking is life in prison and a $5 million fine.

The Food & Environmental Hygiene Department has ordered a Kwun Tong restaurant to suspend business for two weeks.

 

The restaurant, on the ground floor at 14 Ting Yue Square in Ngau Tau Kok, was ordered to close today until March 11.

 

The operator repeatedly breached the Food Business Regulation by illegally extending the food business area.

Police officers issued a total of 129 fixed-penalty tickets and 86 summonses to motorists and pedestrians for violating traffic regulations during a crackdown in Kowloon East yesterday.

 

About 170 officers were sent to enforce regulations at traffic accident blackspots and potential accident locations.

 

They issued another 356 fixed-penalty tickets for parking offences, and warned 17 pedestrians for jaywalking and other traffic offences.

The Police will launch a city-wide road-safety campaign tomorrow, targeting public-service and goods-vehicles drivers.

 

Officers will crack down on drivers for speeding, following other vehicles too closely, not complying with traffic signals, using a handheld phone while driving, and seatbelt-related offences. They will distribute leaflets to remind drivers of the importance of safe loading and safe speeds.

 

People are encouraged to report undesirable driving behaviour to the 24-hour Police transport hotline, 2754 7668.

 

There were 9,314 accidents involving public service vehicles or goods vehicles in 2012, down 0.1% year on year. The main factors were driving inattentively, driving too close to the vehicle in front, careless lane changing, improper or illegal turns, and failing to safeguard passenger safety.

 

The campaign will end on March 5.

Does law matter in China? This is a question I'm often asked (skeptically) when I tell people what I study. As with just about everything related to China, no simple answer is possible. But sometimes you run across nice examples…

Does law matter in China? This is a question I'm often asked (skeptically) when I tell people what I study. As with just about everything related to China, no simple answer is possible. But sometimes you run across nice examples…

The Customs & Excise Department has arrested three people after 98 cans of powdered formula worth $24,940 were seized at the Shenzhen Bay and Lok Ma Chau Control Points.

 

On February 23, customs officers at Shenzhen Bay found 38 cans of undeclared powdered formula inside the passenger compartment and rear part of an outgoing car. The 31-year-old male and 35-year-old female passengers were arrested.

 

Officers at Lok Ma Chau detected another smuggling case today in which an outgoing car was used to smuggle 60 cans of undeclared powdered formula. The 23-year-old male driver was arrested.

 

The department will continue the rigorous enforcement and co-operate closely with Mainland authorities to enhance enforcement against the smuggling of powdered formula by vehicle.

 

People can report suspected smuggling activities on 2545 6182.

Customs officers have arrested two men and seized 2kg of methamphetamine at Lo Wu Control Point worth $1.45 million.

 

Officers intercepted an incoming male passenger in the arrival hall yesterday, and found the drugs strapped to his back.

 

A man accompanying him was also arrested.

 

Aged 19 and 20, they were jointly charged with one count of drug trafficking and will appear in Fanling Magistracy tomorrow.

The Office of the Commissioner of Insurance today issued an alert about fraudulent website www.eastpc.com.hk.

 

The site is operated by an alleged "China Eastern Pacific Insurance Shares Limited", which claims it offers various types of insurance services.

 

However, it is not authorised by the Insurance Authority to conduct insurance business in or from Hong Kong.

 

The office has reported the case to Police.

 

Anyone who has provided personal information to the site or conducted financial transactions through it should call Police on 2731 7278 or the office at 2867 2565.

You may have noticed a severe drop-off in posting in recent weeks. Quite a few reasons for this, significant among them being my transitioning out of the private law firm/outside counsel business to my new position (as of last week) as Asia Regional Counsel for an American software company. I’ll probably throw some details on […]

Two Hong Kong women who were allegedly unlawfully detained in Argentina have contacted the Chinese Embassy, and are safe.

 

The women, aged 17 and 18, are currently assisting Argentinian Police enquiries into their detention, with the help of embassy staff.

 

Hong Kong Police are sending a team of three inspectors to assist in the investigation. The team will meet with the women upon their arrival in Argentina.

 

The Immigration Department will maintain close contact with the women and their family, as well as with the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong and the Chinese Embassy in Argentina.

Police today charged a 43-year-old man with one count of murder, in connection with a case involving a 37-year-old woman whose body was found off Yau Ma Tei Typhoon Shelter on February 16.

 

He was arrested yesterday in Chai Wan, and will appear before Eastern Magistrates' Courts tomorrow.