Toys and Children’s Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2024 gazetted

The Government on 16 February 2024 published in the Gazette the Toys and Children’s Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2024. The Notice seeks to update the safety standards for toys and six classes of children’s products listed in Schedule 2 (Schedule 2 products) under the Toys and Children’s Products Safety Ordinance (Cap. 424).

The six classes of Schedule 2 products are (i) baby walking frames; (ii) bunk beds for domestic use; (iii) child safety barriers for domestic use; (iv) children’s paints; (v) playpens for domestic use; and (vi) wheeled child conveyances. The Notice will take effect on 1 August 2024.

The Ordinance stipulates that a person must not manufacture, import or supply a toy or a Schedule 2 product unless it complies with all the applicable requirements contained in any one of the safety standards (international standards or standards adopted by major economies) specified in Schedule 1 (applicable to toys) or Schedule 2 (applicable to Schedule 2 products). The Government keeps in view any updates or amendments to the safety standards so as to apply up-to-date and operative versions of the standards to toys and Schedule 2 products supplied in Hong Kong. The last updates to Schedules 1 and 2 came into operation in September 2022 and August 2023 respectively.

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/16/P2024021600175.htm?fontSize=1.

Public consultation on proposed subsidiary legislation under Copyright Ordinance launched

The Government launched a two-month public consultation on the proposed subsidiary legislation under the Copyright Ordinance (Cap. 528) (Ordinance) on 15 February 2024. The subsidiary legislation aims to specify libraries, museums and archives, and prescribe conditions for certain permitted acts for use of copyright works under the Ordinance.

With the Copyright (Amendment) Ordinance 2022 (Amendment Ordinance) coming into effect on 1 May 2023, the Ordinance in force provides strengthened copyright protection in the digital environment while maintaining a balance between copyright protection and reasonable use of copyright works. Among others, the Amendment Ordinance has introduced new and expanded permitted acts to facilitate reasonable daily operations of specified libraries, museums and archives conducive to research, private study as well as knowledge preservation and dissemination. The existing Copyright (Libraries) Regulations (Cap. 528B), which govern the relevant permitted acts under the Ordinance, are therefore in need of an update.

A spokesman for the Commerce and Economic Development Bureau (CEDB) said, “The Government is committed to upholding a robust copyright regime which includes various permitted acts of reasonable use of copyright works by different sectors covering libraries, museums, archives, etc. To enable specified libraries, museums and archives to effectively utilise these permitted acts under the Ordinance while fulfilling their roles in cultural heritage preservation and conservation, it is essential to provide them with a set of clear and up-to-date statutory framework for compliance in appropriate circumstances.”

The spokesman added that the Government proposes enacting two pieces of new subsidiary legislation under section 46(1) of the Ordinance to replace the existing one. The proposed legislation seeks to specify the types and classes of libraries, museums and archives which are eligible to do the relevant permitted acts under the Ordinance, and prescribe the applicable conditions for each of these permitted acts.

The consultation document has been uploaded to the respective websites of the CEDB (www.cedb.gov.hk) and the Intellectual Property Department (www.ipd.gov.hk). Members of the public may submit their views by email (libreg_consultation@cedb.gov.hk), fax (2147 3065) or post (Division 3, Commerce and Economic Development Bureau at 23/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong) on or before 15 April 2024.

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/15/P2024021500181.htm?fontSize=1.

2024 Greater Bay Area Youth Employment Scheme launched

The Government announced on 15 February 2024 the launch of the 2024 Greater Bay Area (GBA) Youth Employment Scheme, which is open for application year round in 2024. Enterprises can submit job vacancies with a validity period up to 31 December 2024 starting from 15 February 2024 to employ Hong Kong young people to work in GBA Mainland cities.

The GBA Youth Employment Scheme encourages enterprises to offer jobs and hire young people to work in GBA Mainland cities, so as to foster their career development and the exchange of talent in the GBA. Starting from the 2024 scheme, apart from receiving job vacancies from enterprises and job applications from eligible young people year round, the scheme also introduces flexibility measures to allow enterprises to apply for an extension of deploying the young people to work in Hong Kong or Mainland cities outside the GBA, and hire qualified young people previously employed for student intern positions. Enterprises can submit job vacancies through the scheme website (www.jobs.gov.hk/gbayes) from 15 February 2024.

Enterprises with businesses in both Hong Kong and GBA Mainland cities are eligible to join the scheme. Participating enterprises shall employ eligible young people in accordance with Hong Kong laws, offer them a monthly salary of not less than HK$18,000 and station them in GBA Mainland cities to work and receive on-the-job training. The Government will grant a monthly allowance of HK$10,000 to enterprises for each employed young person for a period up to 18 months.

Young people participating in the scheme should be Hong Kong residents lawfully employable in Hong Kong and have earned bachelor’s degrees or above from 2022 to 2024. Job vacancies under the scheme, upon the Labour Department’s vetting, will be uploaded to the scheme website starting from 1 March 2024 for eligible young people to apply. The employed young people and enterprises may forthwith agree on the effective dates of employment contracts. The deadline for eligible young people to apply for job vacancies under the 2024 scheme will fall on 31 December 2024. For details of the scheme, please visit the scheme website or call the hotline 2969 0446/2969 0460.

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/15/P2024020800530.htm?fontSize=1.

Transport Department's special arrangements for licence renewals on Budget Day

The Transport Department (TD) announced on 14 February 2024 that to prevent members of the public from rushing to the TD's licensing offices to submit applications for renewal of expiring and expired vehicle and driving licences before Budget Day, the TD will implement the following arrangements:

• All vehicle licences eligible for renewal on or before Budget Day (28 February), i.e. vehicles that are registered at the time of renewal and with licence expiry dates falling on or before 27 June, can be renewed at the present rate, whether for four months or 12 months, at any time up to and including 27 June.
• All full Hong Kong driving licences and driving instructor's licences eligible for renewal on or before Budget Day (28 February), i.e. those expiring on or before 27 June and those that have expired for less than three years at the time of renewal, can be renewed at the present rate at any time up to and including 27 June.
• The special arrangements only apply to the applications for renewal of vehicle licences, full driving licences and driving instructor's licences that meet the conditions above. They do not apply to any other licensing services.

"It is not necessary for eligible licence holders to rush to the TD's licensing offices to submit applications for renewal of their vehicle or driving licences on speculation that those licence fees may increase in the coming Budget. The aforementioned arrangements are not related to the content of the Budget, on which the TD has no information," a spokesman said.

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/14/P2024020900275.htm.

Government launches consultation on legislative proposals to regulate over-the-counter trading of virtual assets

The Government launched a public consultation on legislative proposals to introduce a licensing regime for providers of over-the-counter (OTC) trading services of virtual assets (VA) on 8 February 2024. The consultation will last for two months until 12 April 2024.

In the Policy Statement on Development of Virtual Assets in Hong Kong issued in October 2022, the Government stated its commitment to enhancing the regulatory framework for VA activities under the "same activity, same risks, same regulation" principle. In this respect, the licensing regime for VA service providers established under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO) commenced operation in June 2023 to regulate the operations of VA trading platforms.

As some fraud cases have shown the involvement of VA OTC operators, the Government sees a need to regulate OTC services under the AMLO, so as to mitigate the money laundering and terrorist financing (ML/TF) risks and protect investors. The salient points of the legislative proposals are as follows:

1. requiring any person who conducts a business in providing services of spot trade of any VA for money in Hong Kong to be licensed by the Commissioner of Customs and Excise (CCE);
2. covering all VA OTC services irrespective of whether the services are provided through a physical outlet and/or other platforms;
3. providing powers for CCE to supervise the anti-money laundering and counter-terrorist financing conduct of licensees, and enforce the statutory and regulatory requirements under the new regime; and
4. providing transitional arrangement to facilitate the effective implementation of the regulatory regime.

A Government spokesman said, "The legislative proposals constitute an important element in the Government's efforts to develop a robust and transparent regulatory environment for the sustainable development of VA and Web3. The proposed licensing regime for VA OTC service providers will effectively mitigate the ML/TF risks of the VA activities concerned and cater for investor protection."

The consultation document is available on the webpage of the Financial Services and the Treasury Bureau at www.fstb.gov.hk/fsb/en/publication/consult/doc/VAOTC_consultation_paper_en.pdf.

Members of the public and stakeholders are welcome to submit their views on the proposals to the Financial Services and the Treasury Bureau by post (24/F, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong) or by email (vaotc-consult@fstb.gov.hk) on or before 12 April 2024.

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/08/P2024020800238.htm.

Refined arrangement for specified dates booking of "Northbound Travel for Hong Kong Vehicles"

To facilitate the applicants of "Northbound Travel for Hong Kong Vehicles" to travel from Hong Kong to Guangdong via the Hong Kong-Zhuhai-Macao Bridge, the TD refined the "Specified Dates Booking System" starting from 6 February 2024 to shorten the periods of booking for departure and cancellation of booking for departure. The arrangements are as follows:

(i) New arrangement for booking for departure
From the previous requirement of making a booking no less than two calendar days before departure, to shorten to at or before noon on one calendar day before departure. For example, the applicant of "Northbound Travel for Hong Kong Vehicles" may make a booking for departure on 7 February via the "Specified Dates Booking System" at or before noon of 6 February.

(ii) New arrangement for cancellation of booking for departure
From the previous requirement of putting up a cancellation request no less than three calendar days before departure, to shorten to at or before noon on one calendar day before departure. For example, the applicant of "Northbound Travel for Hong Kong Vehicles" may cancel a booking for departure on 7 February via the "Specified Dates Booking System" at or before noon of 6 February.

The TD also reminds applicants for "Northbound Travel for Hong Kong Vehicles" to make reservations in advance through the TD's "Specified Dates Booking System", and drive to Guangdong Province via the Hong Kong-Zhuhai-Macao Bridge in accordance with the specified date and time reserved. The TD will maintain close liaison with the Mainland authorities and conduct random checks on the vehicle crossing records of "Northbound Travel for Hong Kong Vehicles" from time to time to ensure that applicants comply with the terms and conditions of participating in "Northbound Travel for Hong Kong Vehicles".

For relevant press release, please visit https://www.info.gov.hk/gia/general/202402/05/P2024020500615.htm.

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