HK defends its immigration procedures after British MP was denied entry
Supreme Court News
Hong Kong’s government on Monday defended its immigration procedures after a British member of parliament was denied entry to the Chinese city last week, an incident that has prompted concerns among U.K. officials.
Wera Hobhouse, a member of the Liberal Democratic Party representing Bath, on Sunday wrote on the social media platform Bluesky that authorities gave her no explanation for what she described as a “cruel and upsetting blow.” She noted that she was the first British MP to face such a situation upon arrival in the former British colony since it returned to Chinese rule in 1997.
Hobhouse had told British media that she flew to Hong Kong to visit her newborn grandchild. She is also a member of the Inter-Parliamentary Alliance on China that has scrutinized Beijing’s human rights record.
The Hong Kong government, in a statement released late Monday, maintained that its immigration officers are duty-bound to question individuals to ascertain the purpose of any visit.
“The person concerned knows best what he or she has done. It will be unhelpful to the person’s case if the person refuses to answer questions put to him or her for that purpose,” the statement read. The government added that it would not comment on individual cases.
The statement also said that Chief Secretary Eric Chan discussed the matter with the U.K. Minister for Trade Policy and Economic Security Douglas Alexander earlier on Monday during the British official’s visit to Hong Kong.
In Beijing, Chinese foreign ministry spokesperson Lin Jian emphasized that immigration affairs fall within the scope of national sovereignty and the city’s government has the right to handle individual immigration cases according to the law.
The British government also issued a statement on Monday about Hobhouse’s entry denial last Thursday. It stated that Alexander had raised its concerns with senior Chinese and Hong Kong counterparts and demanded an explanation during his visit to the city and mainland China.
“Unjustified restrictions on the freedom of movement for U.K. citizens into Hong Kong only serves to further undermine Hong Kong’s international reputation and the important people-to-people connections between the U.K. and Hong Kong,” it said.
It added that the U.K. Foreign Secretary David Lammy made clear that it would be unacceptable for any member of parliament to be denied entry for simply expressing their views.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.