bc magazine

Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill to be introduced into LegCo

“A spokesman for the Department of Justice (DoJ) said today (April 20), “With the increasingly close interaction and co-operation between Hong Kong and the Mainland in terms of trade and economic activities as well as social interactions, there have been calls from the legal and business sectors for the early implementation of the REJ Arrangement to establish a more comprehensive mechanism on reciprocal recognition and enforcement of judgments”

“In formulating the REJ Arrangement, reference has been drawn to the then draft version of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague Judgments Convention) (Note).

As far as the scope of application is concerned, taking into account the practical needs and circumstances of Hong Kong and the Mainland, the REJ Arrangement goes beyond the Hague Judgments Convention by not only covering a wide range of judgments on contractual and tortious disputes, but also expressly includes judgments given in respect of certain types of disputes over intellectual property rights.”

“The Bill establishes the following mechanisms:

(1) A mechanism for registration in Hong Kong of Mainland Judgments in Civil or Commercial Matters; and

(2) A mechanism for application to Hong Kong courts for certified copies of and certificates for Hong Kong Judgments in Civil or Commercial Matters to facilitate parties in seeking recognition and enforcement of the Judgments in the Mainland.

In the Mainland, the REJ Arrangement will be implemented by way of judicial interpretation. In Hong Kong, after the enactment of the Bill, the Government will make relevant rules for the operation of the above mechanisms.”

Note: The Hague Judgments Convention was signed on July 2, 2019, and is yet to be in force.

Cinemas to Reopen 21 April

After months of watching films from your sofa or on your phone, it’s time for some big-screen surround sound entertainment as local cinemas will reopen from 21 April, albeit at 50% capacity.

So what’s there to see, that you might haven’t watched already at home/need to be seen on a big screen:

The Unbearable Weight of Massive Talent

Fantastic Beasts: The Secrets of Dumbledore

Moonfall

Schemes in Antiques

Duck & Waffle in IFC Closes

Duck & Waffle in IFC has closed its doors this month, another victim of the government’s dining restrictions where restaurants have hours and capacity limits – but landlords are still allowed to charge full rent.

It was tasty while it lasted…

Duck & Waffle
Shop 1081, 1/F, ifc mall, 8 Finance Street, Central – CLOSED
Tel: 2267 6338

Image: Duck & Waffle

Amendments to CAP599 Make Refusal to Surrender Pet a Criminal Offence

On 31 March 2022 new amendments to The Prevention and Control of Disease Ordinance and Regulation (Cap 599 and 599A) took effect that make the refusal, obstruction or failure to surrender a pet that “a health officer reasonably believes has been infected with a specific disease”, a criminal offence – punishable on conviction by a fine and imprisonment.

A question concerning the obstruction of members of the public from complying with the order of surrendering high-risk animals arose in the Legislative Council on 6 April 2022.

Question: In January this year, samples of hamsters collected from a pet shop were tested positive for the coronavirus disease 2019 virus. To minimise the risks of spreading the epidemic, the Agriculture, Fisheries and Conservation Department (AFCD) strongly advised members of the public to surrender their hamsters purchased from local pet shops which involved two import consignments to the AFCD for humane dispatch. However, some people stopped members of the public from surrendering hamsters to the AFCD outside the New Territories South Animal Management Centre of the AFCD, and took over the hamsters concerned. In this connection, will the Government inform this Council whether the existing legislation (including the Public Health (Animals and Birds) Ordinance (Cap. 139) and the Prevention and Control of Disease Ordinance (Cap. 599), as well as the related subsidiary legislation) expressly empowers the AFCD, the Department of Health or other government departments to (i) order members of the public to surrender a particular type of animals kept by them on the ground that there is a risk of virus transmission from such type of animals to humans, and (ii) impose penalties on those persons who obstruct members of the public from complying with such an order; if so, of the reasons why the relevant government departments did not exercise such powers in the aforesaid incident…

A written response from Secretary for Food and Health, Professor Sophia Chan confirmed that existing legislation under Cap. 599 and Cap 599A, provide that if a health officer has reason to believe that an article (including an animal), is, or may have been, infected with a specified infectious disease, the health officer may order a disease control measure to be carried out in respect of the article or destroy the article.

Obstructing, or assisting to obstruct a health officer from performing their function is a criminal offence and offenders are liable on conviction to a fine of HK$5,000 and to imprisonment for 2 months.

The recent amendments provide clear regulations requiring the owner of an article (including an animal) to surrender the article upon a health officer’s direction. The maximum penalty for non-compliance is HK$10,000 and imprisonment of 6 months upon conviction (see section 3 and section 7 of Cap. 599).

The implications are that in future the public or animal welfare groups may face serious penalties if they are found to obstruct or not comply with the directions of health officers in relation to the seizure of pets.

Additional reporting images: www.hkalpo.com

Free Anti-Covid Packs

The Government has announced that they will start distributing the anti-epidemic service bags to all households in Hong Kong on 2 April.

The free anti-epidemic service bags contain 10 rapid test kits, 10 KN95 face masks and proprietary Chinese medicine and will be distributed directly to most households within 7 days. Or members of the public can collect a bag at their local District Office.

The service bags will be first distributed to the grassroots, such as tenants of “three-nil” buildings and subdivided units and will then be delivered to the residents in other buildings. For households that cannot be reached during door-to-door distribution, the staff distributing the bags will leave a collection slip for the households to collect the anti-epidemic service bags during the second phase.

District Offices will set up about 90 distribution points during the second phase (7-13 April) for people who cannot receive anti-epidemic service bags through the above channels, including households who cannot be reached during door-to-door visits, to collect the bags at the stations.

OzMium Release 3 Track Debut EP ‘The Lion Rises’

Hong Kong-based heavy metal band OzMium released a debut 3 track EP this month, The Lion Rises, on bandcamp.

OzMium – Vincent Ratcliffe, Conrad Chow, Tadeo Don Ashish, Jerry Justin and Gregory Bell – self-recorded and produced debut “looks to capture the band’s creative efforts during the 2020 coronavirus pandemic lockdown”. Or as they put it “We aim to revive the 70s/80s classic and thrash metal revolution with a hint of modern flavor”.

100% Personal Loan Guarantee Scheme

The 100% Personal Loan Guarantee Scheme (PLGS) introduced in the 2021-22 Budget, will start receiving applications from 28 April, 2021 for six months.

The PLGS offers a source of financing to unemployed individuals who are suffering hardship due to the COVID-19 pandemic by providing low-interest loans.

The initial participating banks are Bank of China (Hong Kong) Limited, The Bank of East Asia, Limited, China CITIC Bank International Limited, China Construction Bank (Asia) Corporation Limited, Dah Sing Bank, Limited, Hang Seng Bank, Limited, The Hongkong and Shanghai Banking Corporation Limited, Industrial and Commercial Bank of China (Asia) Limited, Shanghai Commercial Bank Limited, and Standard Chartered Bank (Hong Kong) Limited. Chiyu Banking Corporation Limited and ZA Bank Limited will start receiving applications in May.

Eligibility

Applicants have to be Hong Kong permanent residents aged 18 or above, who have been unemployed for at least two months at the time of loan application, and who can demonstrate cessation of main recurrent incomes from employment in Hong Kong.

Loan applicants need to provide proof of their previous employment and main recurrent incomes for at least three months during the period from January 2020 to February 2021 (“specified period”).

The maximum amount of the loan per applicant is six times the average monthly income within the specified period (Note 1), or HK$80,000, whichever is the lower.

The maximum repayment period is six years, with an option of principal moratorium for the first 12 months to alleviate the immediate repayment burden.

The effective interest rate is fixed at 1 per cent per annum. A borrower will receive a full refund of the interest paid after the loan is fully repaid at or by the end of the repayment period.

More information: PLGS Hotline at 2536 0392 or www.hkmc.com.hk/eng/our_business/plgs.html

Amadeus (a cyberpunk dream)

Amadeus (a cyberpunk dream) is a short film, available on youtube, created by the Hong Kong Ballet and the Hong Kong Philharmonic Orchestra which depicts Mozart’s journey from the classical era to a psychedelic urbanscape in frenetic Hong Kong.

Director and production designer Ahong Cheung combines Mozart’s Eine kleine Nachtmusik performed by the HK Phil and choreography from HKB’s Artistic Director Septime Webre to transform the streets of Hong Kong into a vibrant Blade Runner style cyber-verse.

https://youtu.be/h9M4zUmHNwo

HKBallet + HKPhil present Amadeus (a cyberpunk dream) (https://youtu.be/h9M4zUmHNwo)

A disoriented Mozart finds himself in retro-futuristic SoHo pursued by ominous authority figures. While cyber-goth gangsters, mahjong players, street musicians, construction workers, and pedestrians mill about on the bustling streets.

images: hk ballet