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Aggregated China Law Information

The Department of Justice has delegated two sensitive legal cases to Director of Public Prosecutions Kevin Zervos to ensure impartiality.

 

The cases are the Independent Commission Against Corruption investigation involving the Chief Executive and Lew Mon-hung, and another on the building works at No. 7 York Road, Kowloon Tong.

 

The department said today the move will avoid any possible perception of bias or improper influence, as Mr Zervos has no connection with the people involved in the cases. He has the authority to decide whether any prosecution action is warranted.

 

The department has established mechanisms to ensure prosecution decisions are made fairly and impartially. If circumstances warranted, delegating the prosecution decision to the Director of Public Prosecutions or seeking independent advice from outside counsel are options available for consideration.

 

The Secretary for Justice will ensure due and proper processes are observed in the conduct of the cases, in strict accordance with the law and prosecution policy.

The Customs & Excise Department has prosecuted a cross-boundary smuggling syndicate, through the first-ever evidence-taking hearing on the Mainland.

 

The successful hearing led to five syndicate members being jailed for up to six years today.

 

Hong Kong and Mainland customs officers launched an investigation into the syndicate, after it was believed to be smuggling more than 500,000 tonnes of marked oil by fishing vessels to the Mainland, and laundering crime proceeds of up to $2.6 billion in recent years.

 

In a joint crackdown in 2010, the department arrested 19 people, including the gang's masterminds, and froze $240 million worth of crime proceeds. Five people were prosecuted in August 2010.

 

The department identified four Mainland witnesses who had information crucial to the prosecution. To obtain the evidence, for the first time it sought help from the Mainland court with the assistance of the Department of Justice and the Judiciary.

 

From May to September last year, with the co-ordination of Mainland customs officials, the department, together with a District Court Judge, and prosecution and defence counsels, attended an evidence-taking hearing at Shenzhen Municipal Intermediate People's Court.

 

Testimonies were obtained from the four witnesses and were later ruled admissible as evidence.

 

The case was tried at the District Court from August to November. The five defendants were convicted of conspiracy to export unmanifested cargo, and money laundering charges.

 

The department will also apply to confiscate the $240 million in crime proceeds.

The Customs & Excise Department today alerted parents to potential hazards posed by two magnetic fishing game toys.

 

Government Laboratory safety tests found the small magnetic components of the toys were easily detached. The magnetic flux index of the parts was found to exceed the specified safety limit.

 

Children could easily swallow the small magnetic parts, posing a risk of choking or intestinal blockage.

 

The department seized 1,348 sets of the toys from two local wholesalers and a retailer. It also served notices prohibiting them from supplying the toys.

 

Parents should look for potential hazards when selecting toys for their children. They can report unsafe products through the Customs hotline, 2545 6182.

The Immigration Department plans to introduce stamp-free clearance for all visitors in the first quarter, Director of Immigration Eric Chan said today.

 

Speaking at the department's year-end briefing, Mr Chan said arriving visitors will be issued with a landing slip bearing the conditions and limit of stay rather than having their travel documents stamped, to increase efficiency. No landing slip or stamp will be needed upon departure.

 

As at January 31, 599 Mainland visitors were arrested for breaching their conditions of stay by trading in parallel goods, of which 92 were convicted and sentenced to up to two months' jail, and 10 local employers were arrested for employing illegal workers. As at February 6, around 2,400 Mainland visitors had been refused permission to enter due to suspected involvement in parallel trading activities. 

 

Mr Chan said the department has established a monitoring list of suspected parallel traders, including information on arrested and convicted persons, intelligence and analysis of immigration data. Visitors will be denied entry and sent back to the Mainland immediately if their purposes for entry are in doubt.

 

The department will exchange intelligence with local and Mainland law-enforcement agencies to step up efforts against parallel trading, he said.

 

In 2012, the department prosecuted 359 Mainland pregnant women who had overstayed their visas to give birth in Hong Kong, as well as four Mainland intermediaries.

 

Mr Chan also expressed concern about non-Hong Kong residents staying in Hong Kong by way of bogus marriages, for which 25 Mainland residents and 215 Hong Kong residents were convicted and sentenced to up to 32 months' jail.