Hong Kong – HKSAR Government strongly condemns skewed remarks by Australia, China’s Taiwan region and others on Safeguarding National Security Ordinance

HKSAR Government strongly condemns skewed remarks by Australia, China’s Taiwan region and others on Safeguarding National Security Ordinance

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     ​The Hong Kong Special Administrative Region (HKSAR) Government today (March 22) strongly condemned countries and regions (including Australia and China’s Taiwan region) which, under the pretext of the so-called foreign travel advice, smeared the Safeguarding National Security Ordinance (the Ordinance) that the risks of travelling to Hong Kong would increase and people “could break the laws without intending to” after the Ordinance comes into effect. The HKSAR Government strongly condemned such political manoeuvres with skewed, fact-twisting, scaremongering and panic-spreading remarks.
      
     A spokesman for the HKSAR Government said, “The offences endangering national security stipulated by the Ordinance target acts endangering national security with precision, and define the elements and penalties of the offences with clarity. All law enforcement actions taken by the law enforcement agencies of the HKSAR are based on evidence, strictly according to the law and for the acts of the persons concerned. The prosecution has the burden to prove beyond reasonable doubt that the defendant had the actus reus and mens rea of an offence before the defendant may be convicted by the court. Ordinary travellers (including travellers from Australia and China’s Taiwan region) will not engage in acts and activities endangering our national security and will not unwittingly violate the law.
      
     “Extraterritorial effect for the offences under the Hong Kong National Security Law and the Ordinance fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. It can be seen that the national security laws of various countries, including the United States (the US), the United Kingdom (the UK), Australia, Canada and the Member States of the European Union, also have extraterritorial effect under the ‘personality principle’ and the ‘protective principle’. In formulating the extraterritorial effect under the Ordinance, we have taken into account the principles of international law and international practice of state jurisdiction, as well as the nature of the offences.
      
     “We have to emphasise that all law enforcement actions taken by the law enforcement agencies of the HKSAR are based on evidence, strictly according to the law and for the acts of the persons concerned, instead of arbitrary arrests as claimed.”
      
     The spokesman reiterated, “According to the Ordinance, the detention period of a person arrested without charge can be extended only when the strict conditions provided under the Ordinance are met. Pursuant to Article 5(3) of the Hong Kong Bill of Rights, an arrested person has the right to be brought promptly before a judge, and such right is not at all prejudiced by the proposal. If it is necessary to extend the detention period of an arrested person, an application must be made to the court, and the court may only grant such application where there are reasonable grounds to believe that an extension is justified based on the specified ground, such as where the detention is necessary for securing or preserving evidence of the offence, and in any event for a total period not exceeding 14 days. These multiple safeguards ensure that the person would not be subject to arbitrary detention in breach of his right to liberty and security of person. Other countries also have relevant legislation that enable law enforcement agencies to extend the detention period, for example, in the UK, the detention period can be extended for 14 days, while in Singapore, a suspect can even be detained without charge for a period of up to two years, and can be further extended.
      
      “As regards the power to restrict consultation with lawyers under the Ordinance, it is attended by sufficient safeguards to ensure that it is consistent with the right to confidential legal advice and the choice of lawyers. According to the judgment of the European Court of Human Rights, an arrested person’s right to consult a lawyer may be temporarily restricted in exceptional circumstances where the government has compelling reasons to do so. Such restriction is permitted under the laws of, for instance, the UK, the European Union, the US and Canada. Although the arrested person’s right to consult a lawyer is restricted to some extent, the investigating officers must still respect the other rights that the arrested person is entitled to under the law, including the right to silence. Overall, we believe that the restriction would not affect the right to a fair trial that the defendant enjoys.”
      
     The spokesman said, “We also note that recently individual countries (including the US, Canada and Japan) and some external organisations continue to make unfounded criticisms against the Ordinance, disregarding the strong popular support for the Ordinance and its benefits for Hong Kong’s economic development and protection of human rights. Their attempt to mislead the public should be condemned.”
      
     “The Ordinance clearly specifies that the rights and freedoms enshrined in the Basic Law, as well as the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, are to be protected in accordance with the law. Critics neglected the provisions and lashed out wantonly, fully exposing their malicious intentions to harm Hong Kong.”
      
     “Enacting laws on safeguarding national security is an inherent right of every sovereign state and also an international practice. Many common law jurisdictions have multiple national security legislation. Nevertheless, the relevant parties deliberately turned a deaf ear and maliciously smeared the Ordinance, completely unmasking their double standards.”
      
     “The Ordinance is a piece of legislation to defend against external forces that endanger our national security, acting like a door lock to strengthen protection for our home. Only invaders who want to intrude into our home to plunder and loot will not want Hong Kong to legislate to safeguard the country. The HKSAR Government strongly urges these countries, regions and organisations, all with ulterior motives, to stop interfering in Hong Kong affairs which are internal affairs of China. Their tactics attempting to destabilise Hong Kong will never succeed,” the spokesman reiterated.

Hong Kong – Government announces speaker lineup for Wealth for Good in Hong Kong Summit

Government announces speaker lineup for Wealth for Good in Hong Kong Summit

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     The Government today (March 21) announced the speaker lineup for the second edition of the Wealth for Good in Hong Kong Summit (WGHK) to be staged on March 27. The summit, co-organised by the Financial Services and the Treasury Bureau and Invest Hong Kong, with the theme “Growing with Certainty Amid Growing Uncertainty”, will bring together world-renowned speakers relevant to the global family office industry to Hong Kong. The summit will enable speakers to discuss ways to forge ahead amid external economic challenges and drive global family offices to set up in Hong Kong for continuous development.
 
     The Secretary for Financial Services and the Treasury, Mr Christopher Hui, said, “The Hong Kong Special Administrative Region Government has invited internationally renowned speakers to Hong Kong for the upcoming Wealth for Good in Hong Kong Summit. I eagerly look forward to exchanging views with the speakers and family office decision makers from around the world at the event. Through the summit, we also aim to continue promoting Hong Kong as a prime destination for global family offices and asset owners to set up and expand their businesses.”
 
     The WGHK will centre around four key topics this year, including Luxury and Legacy, Green Technology, Philanthropy and Wealth Legacy, and a session on family office development titled “Dream to Dynasty: Wealth Creation for Generations”. These themes are crucial to the development of the global family office industry, and through the summit, the Government hopes to promote investments for social progress by global wealth owners. At the same time, the summit will demonstrate how to make good use of Hong Kong’s strategic location and unique advantages for global investors to explore new opportunities amid global economic uncertainty.
 
     The speakers for the panel discussions are as follows:
 
Luxury and Legacy
 
Moderator: Mr Iqbal Khan (President Global Wealth Management, UBS)
 
1.     Dr Adrian Cheng (Chairman, The Hong Kong Academy for Wealth Legacy)
2.     Ms Caroline Scheufele (Artistic Director and Co-President, Chopard)
3.     Mr David Wertheimer (Founder, 1686 Partners Lifestyle Funds Franchise)
4.     Mr Angelo Zegna (Consumer & Retail Excellence Director, ZEGNA)
 
Green Technology
 
Moderator: Mr Neil Shen (Founding and Managing Partner, HongShan)
 
1.     Dr Brian Gu (Vice Chairman and President, XPENG)
2.     Ms Stella Li (Executive Vice President, BYD Company Limited and Chief Executive Officer, BYD Americas)
3.     Professor Dawn Song (Professor, Department of Electrical Engineering and Computer Science, UC Berkeley)
4.     Mr Lei Zhang (Chief Executive Officer, Envision Group)
 
Philanthropy and Wealth Legacy
 
Moderator: Ms Annabel Spring (Chief Executive Officer, HSBC Global Private Banking and Wealth)
 
1.     Ms Dongmei Kong (Founder and Chairwoman, Dongrun Foundation)
2.     His Highness Sheikh Ali Rashed Ali Saeed Al Maktoum (member of the Ruling Family, Dubai)
3.     Dr Gabriel Leung (Executive Director, Charities and Community, The Hong Kong Jockey Club)
4.     Mr Robert Rosen (Director, Philanthropic Partnerships, Bill & Melinda Gates Foundation)
 
Dream to Dynasty: Wealth Creation for Generations
 
Moderator: Ms Harshika Patel (Managing Director, Chief Executive Officer of Asia Private Bank, Chief Executive Officer of Hong Kong, J. P. Morgan)
 
1.     H.S.H. Prince Max von und zu Liechtenstein (Chairman and Chief Executive Officer, LGT Group, Founder and Chairman, Lightrock)
2.     Dr Tony Tan Caktiong (Chairman and Founder, Jollibee Foods Corporation)
3.     Mr Oliver Weisberg (Chief Executive Officer, Blue Pool Capital)
 
     Founding Partner of WndrCo, former Chairman of Walt Disney Studios and Co-Founder and Chief Executive Officer of DreamWorks Animation, Mr Jeffrey Katzenberg, will participate in a fireside chat at the summit. The chat, titled “Journey from Hollywood to Silicon Valley”, will be moderated by the Chief Executive Officer of Blue Pool Capital, Mr Oliver Weisberg.
 
     Also, the Chairman, Chief Executive Officer and co-founder of Avenue Capital Group and former co-owner of the National Basketball Association (NBA)’s Milwaukee Bucks, Mr Marc Lasry, and the Chief Executive Officer of Wade Inc. and former Miami Heat guard with an NBA Hall of Fame induction, Mr Dwyane Wade, will participate in another fireside chat on “Rise of Sports as an Asset Class” moderated by racing driver, Head of Private Office, Knight Frank Greater China, Mr Ho-pin Tung.
 
     As the flagship event is being held during the Financial Mega Event Week, the WGHK stands as an exclusive and highly anticipated global event for family offices, asset owners and family office service providers. Riding on the success of the inaugural summit last year, the upcoming WGHK is expected to draw more key decision makers from the global family office sector. Participants from Hong Kong, the Mainland, Asia, Europe, the Americas, the Middle East and beyond are set to join the event to exchange their insights in Hong Kong.

Hong Kong – HKSAR Government strongly condemns deliberate smearing and divisive act by anti-China organisation “Hong Kong Watch” on Basic Law Article 23 legislation

HKSAR Government strongly condemns deliberate smearing and divisive act by anti-China organisation “Hong Kong Watch” on Basic Law Article 23 legislation

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     The Hong Kong Special Administrative Region (HKSAR) Government on March 13 expressed its strongest condemnation against the statement by anti-China organisation “Hong Kong Watch” together with 16 co-signatories, which deliberately misled the public and smeared the requirement on “disclosure of commission by others of offence of treason” in the Basic Law Article 23 legislation that it targets religions, attempting to provoke discontent among religious personnel and followers against the legislation.
 
     A spokesman for the Government said, “The offences of treason and misprision of treason, no matter in Hong Kong or in other common law jurisdictions, have existed for a long time. They do not target religious personnel or followers, and have nothing to do with freedom of religion. In any case, freedom of religion is not for protecting anyone who has committed serious offences from legal sanctions. Besides, ‘Hong Kong Watch’ has omitted to mention an important fact, i.e. Article 18 of the International Covenant on Civil and Political Rights (which was based on Article 18 of the Universal Declaration of Human Rights) clearly stipulates that freedom of religion may be subject to limitations to protect public safety, order, or the fundamental rights and freedoms of others.
 
     “The HKSAR Government has proposed to codify the offence of misprision of treason under the common law as the requirement on ‘disclosure of commission by others of offence of treason’ with appropriate enhancement. However, anti-China organisation ‘Hong Kong Watch’ and the co-signatories forcibly linked the relevant requirement to freedom of religion to, on one hand, smear the legislative work using religion as a pretext and, on the other hand, attempt to provoke the repulsion of the religious personnel and followers against the HKSAR Government. They even made demagogic and exaggerated remarks in an attempt to mislead the international community into believing that the proposal by the HKSAR Government runs contrary to the international standard, thereby creating a negative impression of the Basic Law Article 23 legislation, demonstrating their malicious intention. It is necessary for the HKSAR Government to express its strongest condemnation.
 
     “First, ordinary citizens, regardless of whether they are religious personnel or followers or not, would absolutely not commit treason. Treason is an extremely serious and very rare offence endangering national security, which will only be violated in extreme conditions, including levying war against China, or instigating a foreign country to invade China with force. If a person really conducts such acts and activities, it would be absolutely reasonable, necessary and justified to request the Chinese citizen who knows about the acts to disclose the commission of the offence to the law enforcement agencies of the HKSAR, so that the law enforcement agencies can take timely enforcement actions in accordance with the law to protect the lives and property of the community.
 
     “We must also point out that, misprision of treason remains a common law offence in the United Kingdom; while countries with a common law system, including the United States, Canada and Singapore, have codified the offence of misprision of treason, and the above-mentioned countries have not specify relevant exceptions. ‘Hong Kong Watch’ and the co-signatories have not mentioned the relevant provisions in the countries concerned before groundlessly attacking under the guise of religious matters the HKSAR Government’s legislative work on safeguarding national security. It is a blatant, shameless and barbaric intervention, and is also a typical example of double standards.

     “Not only is ‘Hong Kong Watch’ an anti-China organisation, many of its members are also anti-China and destabilising forces in the front line, who have called for so-called ‘sanctions’ by foreign countries against officials of the Central People’s Government and the HKSAR Government repeatedly. Members of the public in Hong Kong, the religious sector and the international community should see the organisation in its true colours and not to be misled by its erroneous remarks with ulterior motives.”

Hong Kong – HKSAR Government strongly condemns anti-China organisation CFHK Foundation for intimidating Central Government and HKSAR officials

HKSAR Government strongly condemns anti-China organisation CFHK Foundation for intimidating Central Government and HKSAR officials

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     The Hong Kong Special Administrative Region (HKSAR) Government today (March 10) strongly condemned anti-China organisation the Committee for Freedom in Hong Kong (CFHK) Foundation for blatantly requesting the United States (US) to impose so-called “sanctions” on the officials of the Central Government and the HKSAR, in particular those taking part in the Basic Law Article 23 legislation, and smearing the Safeguarding National Security Bill (the Bill). The act of the CFHK Foundation may constitute the offence of “collusion with a foreign country or with external elements to endanger national security” under Article 29 of the Hong Kong National Security Law.

     A spokesman for the HKSAR Government said, “The Bill is now under scrutiny of the Bills Committee of the Legislative Council. The CFHK Foundation attempted to collude with a foreign country or with external elements, and blatantly clamoured at this juncture for so-called ‘sanctions’ against dutiful officials of the Central and HKSAR governments with a view to intimidating them, completely ignoring the due legislative procedures of the HKSAR and fully demonstrating its despicable intention. The HKSAR Government strongly condemned the Foundation.”

     The spokesman pointed out that wanted person Hui Wing-ting is a core member of the CFHK Foundation. The Foundation has initiated a number of anti-China campaigns, including requesting the imposition of so-called “sanctions” on officials of the Central and HKSAR governments as well as closure of the Hong Kong Economic and Trade Offices in the US. The Foundation’s earlier claim emphasising that it was not anti-China is obviously untrue. Members of the public should discern facts from fallacies.

     The acts of the CFHK Foundation also demonstrated the necessity of the measures in the Bill proposing to target absconders charged with offences endangering national security, including the prohibition against making available funds to, or dealing with funds of, an absconder, as well as cancellation of HKSAR passport. Moreover, it is also necessary to protect persons handling cases or work concerning national security, enabling the relevant officers to handle work for safeguarding national security without worries, thereby buttressing and strengthening the enforcement forces for safeguarding security.

     “As a matter of fact, the Bill has stipulated that one of the fundamental principles in legislating for safeguarding national security is to respect and protect human rights. It expressly provides that the rights and freedoms enjoyed under the Basic Law and the provisions of the two international covenants on human rights as applied to the HKSAR, are to be protected in accordance with the law. The HKSAR Government will continue to safeguard national security fearlessly and complete the legislative work as soon as possible. The earlier we complete the legislative work, the sooner we can guard against national security risks,” the spokesman said.

Hong Kong – HKSAR Government strongly disapproves and condemns scaremongering remarks by US Consul General to Hong Kong

HKSAR Government strongly disapproves and condemns scaremongering remarks by US Consul General to Hong Kong

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     ​The Hong Kong Special Administrative Region (HKSAR) Government today (March 1) strongly disapproved of and condemned scaremongering remarks made by the Consul General of the United States of America (US) to Hong Kong, Mr Gregory May.
      
     The HKSAR Government spokesman said, “The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation. The suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts, including those involving collusion with foreign or external forces, is no different from advocating a special pass to break the law, and this totally runs contrary to the spirit of the rule of law. As guaranteed by the Basic Law and the Hong Kong Bill of Rights, all defendants charged with a criminal offence have the right to and will receive a fair trial by the judiciary. The courts of the HKSAR shall exercise judicial power independently, free from any interference. It is extremely inappropriate for the US Consul General to make unwarranted comments on criminal trials which are ongoing in the HKSAR courts, and even attempt to compare the Lai Chee-ying’s case with the efforts of the HKSAR Government in promoting the city. It is also a complete disregard to the spirit of the rule of law.
      
     “Every state will enact laws on safeguarding national security. This is an inherent right of every sovereign state, and is also an international practice. In terms of national security-related legislation, the US has at least 21 pieces. There have also been countless administrative orders issued in the name of so-called ‘national security’. The US has even at every turn suppressed dissidents through covert surveillance, illegal wiretapping, and global manhunt, and is in no position to point its finger at other countries and regions for making their own legislation for safeguarding national security legitimately. The US Consul General also deliberately ignored the HKSAR’s constitutional duty and practical needs for the Basic Law Article 23 legislation, and blatantly smeared the Basic Law Article 23 legislation and the law enforcement actions conducted in accordance with the law. This is in total contradiction with his professed intention for the US to foster a better relationship with Hong Kong.”
      
     “As repeatedly stressed by the HKSAR Government, the implementation of the Hong Kong National Security Law (NSL) and the Basic Law Article 23 legislation are precisely for safeguarding national sovereignty, unity and territorial integrity; and ensuring the full and faithful implementation of the principle of ‘one country, two systems’ under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. It will also better safeguard the fundamental rights and freedoms of the residents of the HKSAR and other people in the city, including those doing business in Hong Kong. The legislation will not affect regular exchanges between Hong Kong residents and people doing business in Hong Kong with foreign countries. These normal interactions are protected by the Basic Law and the local laws of the HKSAR. The acts and activities endangering national security which the NSL and the Basic Law Article 23 legislation seek to prevent and suppress are distinctly different from normal exchanges and business activities. The US should immediately act reasonably and sensibly once again, stop making irresponsible remarks on the Basic Law Article 23 legislation and HKSAR’s effort in safeguarding national security, and stop interfering in Hong Kong affairs which are internal affairs of China,” the spokesman stressed.