US to sanction 4 countries for refusing to accept deported immigrants

The US Government will impose visa sanctions on four countries due to their refusal to take back deported immigrants. In reaching this decision, the spokesman of the Department of Homeland Security (“DHS”) said that all countries should begin to meet their obligations to repatriate their own citizen when the US tries to deport them. However, the spokesman refused to name the four countries.

The State Department and the DHS have the power to sanction countries that are uncooperative. In the past 16 years, such power has been used twice: against Guyana in 2001 and Gambia in 2016. Whilst in the past two cases, the State Department only stopped issuing visas to government officials and their families, it is uncertain the extent to which the State Department may impose the sanction on this occasion.

The U.S Immigration and Customs Enforcements have regularly kept a list of countries/jurisdictions that are considered to be uncooperative in deportation. Currently, 12 countries/jurisdictions are on the list, including: China, Hong Kong, Cuba, Vietnam, Laos, Iran, Cambodia, Myanmar, Morocco, South Sudan, Guinea and Eritrea.

If the US Government imposes visa sanctions against these 12 countries/jurisdictions, it may have a serious impact.

(Source: http://www.washingtontimes.com/news/2017/aug/23/4-countries-sanctioned-because-of-refusal-to-accep/)

On 29 August 2017, Deloitte China hosted a cocktail reception at its Hong Kong office in celebration of the firm’s centenary milestone in the China marketplace. Mr. Hank Lo, Ms. Cornelia Chu and Mr. Terence Lau were honored to be there and share in the celebration together with other distinguished guests from the government and business community, including Mrs. Carrie Lam Cheng Yuet-ngor, the Chief Executive of HKSAR.

From Left to right: Mr. Wilson Wong (Director of Big Success Global Holdings Ltd), Mr. Bong Chan (Partner & Southern Region Central Business Development Leader of Deloitte China), Mr. Hank Lo, Ms. Cornelia Chu, Mr. Terence Lau, Mr. Eric Chan (CFO of Pegasus Entertainment Holdings Limited), Ms. Polly Lee (Partner of Deloitte China – Audit & Assurance), Mr. Jim Chung (Tax Partner, Deloitte China) and Mr. Fong Ho Wan (Director, Central Business Development of Deloitte China)

“We’ve worked with Deloitte on a number of successful deals in the past decades. We wish them continued success and growing more business opportunities together,” said Mr. Lo.

Please contact Mr. Hank Lo, Ms. Cornelia Chu or Mr. Terence Lau for any enquiries or further information about this event.
 

On 25-26 August 2017, SW Partner Ms. Sherlynn Chan and Senior Associate Ms. Hazel Wong attended a two-day conference on “Compulsory Mental Health Treatment in Hong Kong: Which Way Forward?” at The University of Hong Kong.

The conference was organized by The Centre of Medical Ethics and Law (CMEL). The Centre was jointly established by the Faculties of Medicine and Law at the University of Hong Kong in 2012. The two-day conference discussed the broad issues in compulsory mental health treatment from a comparative perspective, as well as how these issues manifest themselves in hospital and community mental health practice.

Judge Mark Hinchliffe, Deputy President of the Health, Education and Social Care Chamber of the First-tier Tribunal in England together with professors and specialized doctors from University of Cambridge, University of Oxford, University of Hong Kong, were amongst the prominent panel of speakers at the conference.

“A most inspiring and thought provoking conference”… “I am excited to see the passion and concerns of prominent speakers around the world on such an important, but not often spoken about topic on Mental Health issues. I hope that the Hong Kong community will pay more attention to mental health care for patients and make appropriate revisions to the Mental Health legislation.” said Ms. Sherlynn Chan

Please contact Ms. Sherlynn Chan and Ms. Hazel Wong for any enquiries or further information.

Trump delays new US visa program

President Trump’s administration has delayed a new US visa program that is designed to allow start-up international entrepreneurs to secure government funding. The program was supposed to be effective on July 2017; however it will be postponed until March 2018, subject to the review of Department of Homeland Security.

Normally, there are three ways for businessmen to enter the US: L1A intra-company transfer Visa, E-2 Treaty Investor visa or EB5 Immigrant investor visa. Nevertheless, not everyone can fulfill those criteria; some Indian or Chinese nationals cannot obtain either an E1 or E2 visa, and the new visa program was said to improve the chances of acquiring an investor visa and benefit the country economically.

A group of US investors and business people have already written to Trump to urge him to commence the new visa program, since entrepreneurs’ immigrant plays an important role in creating more job opportunities in the US.

The third “Qianhai Legal forum” was successfully held in Qianhai Shenzhen-Hong Kong Youth Innovation and Entrepreneur Hub on 25 August, 2017, hosted by Shenzhen Lawyers Association and co-organized by Institute of Qianhai International Cooperation Legal Studies and the Joint Venture (Qianhai) between AllBright Law Offices and Stevenson, Wong & Co.

The forum attended by professionals from the legal and other various sectors in Hong Kong and Shenzhen, including distinguished guests Mr. Zheng Dingxiang, Deputy Director General of the Comprehensive Administrative Law Enforcement Bureau and Assistant Commissioner of Legal and Social Construction Promotion Division; Mr. Yang Weiwen, Principal Staff of Human Resources (Talent Affairs) Division; Mr. Xun Kai, Vice Principal Staff of Legal and Social Construction Promotion Division; Mr. Xiong Daikun, Vice-president of Hong Kong, Macau, Taiwan and Foreign Affair Committee of Guangdong Lawyers Association; representative from the host organization, Ms. Meng Di, President of Qianhai Work Committee of Shenzhen Lawyers Association; and representatives from co-organizers, Mr. Chen Fang, Vice President of Institute of Qianhai International Cooperation Legal Studies; Mr. Xie Yongyi, Chief Secretary of Institute of Qianhai International Cooperation Legal Studies; Ms. Heidi Chui, Partner and Head Of Litigation and Dispute Resolution Department of Stevenson, Wong & Co.; Ms. Zita Huang, Business Development Manager (China) of Stevenson, Wong & Co. and Mr. Zong Shicai, Partner and Director of AllBright Law Offices.

[From Left to Right: Ms. Katy Lai, Mr. Calvin Huang, Mr. Jensen Chang, Ms. Evania Mok, Ms. Zita Huang, Mr. Lawman Li, Ms. Heidi Chui, Mr. Zheng Dingxiang, Mr. Chen Fang, Ms. Meng Di, Mr. Zong Shicai, Ms. Libby Guo, Mr. Yang Weiwen, Mr. Xun Kai, Mr. Xie Yongyi, Mr. Kyle Lo]

Overwhelming Reaction from the Audience
Ms. Heidi Chui, our Partner and Head of Litigation and Dispute Resolution Department, was invited to deliver a keynote address on the topic of “Enforcement of Judgments and Arbitral Awards between the Mainland and Hong Kong: the Latest Development of Judicial Practice and Inspiration”. Ms. Chui shared with the audience her practical strategies on cross-border litigation involving Hong Kong and the Mainland, which was well received by an eager audience. From the judicial practice of parallel proceedings to freezing orders, Ms. Chui offered detailed analysis and workable solutions in maximizing the advantages while minimizing the risks of cross-border litigation and international arbitration. Her analysis with vivid case examples enlightened the forum and fostered an interactive environment with the audience.

To further demonstrate how to resolve disputes effectively through arbitration, a lively mock arbitration was presented by Ms. Chui and her team including Senior Associate Ms. Katy Lai, Associates Mr. Kyle Lo and Ms. Evania Mok, and Trainee Solicitors Mr. Jensen Chang and Mr. Calvin Huang. The mock arbitral hearing displayed a unique cross-examination scene, which was well received with a warm welcome from the audience. Under the common law, the opposing party, during cross-examination, will be given the opportunity to cross-examine a witness with a series of questions, in order to discredit the witness and his oral evidence. Ms. Chui’s team demonstrated a perfect demeanor of barristers with great eloquence, and their battle of wits has immersed the audience completely in the mock arbitral hearing.

Ms. Zita Huang, our Business Development Manager (China), also delivered a keynote speech on “Wealth Inheritance: CRS and Taxation”. With years of experience, Ms. Zita Huang shared feasible wealth management plans in the context of the common reporting standard. Her speech, which was simple but profound, has deepened the audience’s understanding of the topic and promoted active interaction between the speaker and the audience.

The sharing of other guest speakers at the salon was equally engaging. Mr. Zheng Dingxiang fully affirmed the significance of the “Qianhai Legal Salon” in promoting development of the rule of law in Qianhai and Hong Kong. In his welcome remarks, Mr. Zheng gave his thoughts on the comprehensive development and establishment of the rule of law in Qianhai. In his words, as the important strategic platform of promoting a new round of reform and opening up, Qianhai has earnestly implemented the strategic plans of the government at the central, provincial and local levels to become the core engine for the development of Guangdong-Hong Kong-Macao Big Bay Area (GHMBBA), the Guangdong-Hong Kong-Macau in-depth cooperation demonstration zone and the new centre of the Shenzhen city.

Partners of AllBright Law Offices also received great popularity in their sharing sessions. Mr. Lawman Li gave a speech on the topic of “Cross-Border Commercial Cases’ Handling and Cooperation” while Ms. Libby Guo, shared her expertise on the topic of “Cross-Border Family Business’s Cooperation and Innovation”. Both of their speeches have offered the audience a deeper understanding of the relevant issues.

A Fruitful Trip to Qianhai
During our firm’s visit to Qianhai, Mr. Xie Yongyi introduced the history and mission of Institute of Qianhai International Cooperation Legal Studies. Ms. Chui and her team were impressed by the advanced facilities and enormous recognition of excellence received by the Institute and the Guangdong Sincere (Qianhai) Partners & Attornets.

To Seize Opportunities and Deepen Cooperation
The event has enabled our firm to gain firsthand experience of Qianhai’s development. We are grateful to the hospitality and kindness from the leaders of Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperative Zone and the host organization. It has been an honour for our firm to share ideas with the elites in Qianhai. Ms. Chui said, considering the rapid development, it is conceivable that Qianhai will play a vital role in the integration and economic exchanges between China and Hong Kong. She hopes that Qianhai and Hong Kong will strengthen and deepen their legal service cooperation in the future.

Please contract Ms. Heidi Chui for any inquiry or further information.

We are delighted to announce that our Partner and Head of Litigation and Dispute Resolution Department Ms. Heidi Chui has been appointed as Expert of Professional Committee on Real Estate Arbitration of China Academy of Arbitration Law. Ms. Heidi Chui is pleased to be the Expert of Professional Committee and looks forward to collaborating with other committee members.

Ms Heidi Chui is a Fellow of the Chartered Institute of Arbitrators (U.K.) and an Accredited General Mediator with both the Hong Kong International Arbitration Centre and the Law Society of Hong Kong. She is also a member of the Arbitration Committee of The Law Society of Hong Kong.

She is a frequent speaker at arbitration events, including but not limited to Cross Strait Four Regions Young Lawyers Forum and the Belt and Road Summit organized by the Law Society of Hong Kong, seminars at Shanghai Arbitration Commission and Ningbo Arbitration Commission.

Please contact Ms. Heidi Chui for any enquiries or further information.