Cathay Pacific faces 'legal action' over Hong Kong COVID-19 outbreak - CNA

HONG KONG: Cathay Pacific is being investigated and faces possible legal action over an Omicron variant coronavirus outbreak in Hong Kong that began with the airline's employees, the city's leader said on Tuesday (Jan 11).

The revelation came as chief executive Carrie Lam announced the suspension of all kindergarten and primary schools until after Chinese New Year in early February.

Like China, Hong Kong maintains a strict zero-COVID-19 strategy that has kept cases low but largely cut the international finance hub off from both the mainland and the rest of the world for the last two years.

A recent outbreak traced to Cathay air crew who breached home quarantine has sparked a dramatic tightening of already strict social distancing controls and travel restrictions, causing renewed anger among residents and businesses.

On Tuesday, Hong Kong leader Carrie Lam said authorities were investigating "whether this airline has complied with the regulations".

"We will take the legal action once we have the full evidence of what wrong it has gone into," Lam said in English.

The revelation piles new pressure on Cathay Pacific, which has been decimated by the pandemic and has no domestic market to fall back on in a city that used to be a major Asian transport and logistics hub.

Cargo flights, the one area where the airline made some cash, have been slashed recently because new quarantine rules imposed on crew have left managers struggling to find enough pilots.

Last month AFP reported that Cathay pilots were leaving in droves.

Lam's government is facing growing anger over there being no end in sight to zero-COVID-19 controls at a time when rival business hubs are learning to live with the virus.

Her administration, which is also carrying out a crackdown on democracy activists and Beijing critics, has hewed to China's approach and says restarting travel with the mainland must come before the rest of the world.

But the mainland is battling its own outbreak and appears to be in no rush to open to Hong Kong, leaving the city facing a double isolation.

Lam's government has also failed to persuade enough people to get vaccinated during the zero-COVID-19 controls, especially the elderly, with just 62 per cent of the population inoculated despite ample supplies.

That makes Hong Kong the third least vaccinated place in a list of the International Monetary Fund's 39 advanced economies, above only Latvia and Slovakia.

Among the over 80s - the demographic most at risk from severe COVID-19 illness - only 23 per cent have taken a first vaccine dose.

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2022-01-11 05:09:00Z
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ATP says events leading to Djokovic's court hearing 'damaging on all fronts' - CNA

The events that led to Novak Djokovic being held in an immigration detention center after arriving in Melbourne for the Australian Open amid a dispute over his COVID-19 vaccine medical exemption have been "damaging on all fronts," the ATP said on Tuesday (Jan 11).

The ATP, the governing body of men's tennis, applauded Monday's ruling that allowed Djokovic to remain in Melbourne and compete in next week's tournament but said the confusion surrounding the world number one's entry into the country highlighted the need for clearer understanding, communication and application of the rules.

"In travelling to Melbourne, it's clear Novak Djokovic believed he had been granted a necessary medical exemption in order to comply with entry regulations," the ATP said in a statement.

"The series of events leading to Monday’s court hearing have been damaging on all fronts, including for Novak's well-being and preparation for the Australian Open.

"Player medical exemption requests are made independently of ATP, however, we have been in constant contact with Tennis Australia to seek clarity throughout this process.

"We welcome the outcome of Monday's hearing and look forward to an exciting few weeks of tennis ahead."

The statement also made clear that Djokovic could have avoided the problem.

"ATP continues to strongly recommend vaccination for all players on the ATP Tour, which we believe is essential for our sport to navigate the pandemic ... We are encouraged that 97 per cent of the Top 100 players are vaccinated leading into this year's Australian Open."

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2022-01-10 22:19:00Z
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Djokovic back in practice, family hails 'biggest victory of his life' - CNA

BELGRADE, Serbia: World number one Novak Djokovic returned to training after being released from Australian immigration detention on Monday (Jan 10), posting a picture with his team from Melbourne Park and thanking the judge for overturning his visa cancellation.

"I'm pleased and grateful that the judge overturned my visa cancellation. Despite all that has happened, I want to stay and try to compete in the Australian Open. I remain focused on that. I flew here to play at one of the most important events we have in front of the amazing fans," the Serbian wrote on Twitter.

"For now I cannot say more but thank you all for standing with me through all this and encouraging me to stay strong."

The player's family said his release was the "biggest victory of his life".

"Novak is free and just a moment ago he went to the tennis court to practice," Djokovic's brother, Djordje, told a press conference in Belgrade.

"He's out there to set another record. He is an athlete and the best tennis player in the world of all times. Novak has always advocated freedom of choice, nothing more. The Djokovic family is pleased that justice has prevailed."

The Australian government, however, could still deport Djokovic. A spokesman for Immigration Minister Alex Hawke said that he was considering using his personal power to again revoke Djokovic's visa.

Earlier on Monday, Judge Anthony Kelly ruled that the federal government's decision to cancel Djokovic's visa last week amid a row over his medical exemption from COVID-19 vaccine requirements was "unreasonable" and ordered his release.

"Truth and justice have come out and I hereby want to thank Australia's legal system and judge Kelly, who has been unbiased and neutral as he took on board all the facts since he (Djokovic) landed at Melbourne airport, including the bullying he's been through," added Djordje.

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2022-01-10 13:44:00Z
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Novak Djokovic's bid to stay in Australia goes before courts - CNA

MELBOURNE: Novak Djokovic's battle to remain in Australia and bid for a record breaking tennis title goes before the courts on Monday (Jan 10), with the star player's lawyers and the federal government to face off over his controversial COVID-19 vaccination exemption.
 
Djokovic, who has been held in an immigration detention hotel since his visa was revoked on his arrival at Melbourne's airport on Wednesday, argues that a recent COVID-19 infection qualified him for the medical exemption from the country's requirement for all visitors to be double vaccinated.
 
The Australian government, however, said non-citizens had no right of guaranteed entry to Australia and stressed that even if the Serbian won the court action, it reserved the right to detain him again and remove him from the country.
 
The hearing in the Federal Circuit and Family Court is scheduled to begin at 10am (2300 GMT Sunday) after Judge Anthony Kelly refused a request by the government to delay the hearing until Wednesday. The session will be held remotely and live-streamed for the public.
 
Djokovic, the world number one, is hoping to win a record 21st Grand Slam at the Australian Open, which starts in Melbourne on Jan 17.
 
But instead of training, the Serbian player has been confined in a hotel used for asylum seekers and is challenging the decision to cancel his visa after being stopped on arrival at Melbourne Airport.
 
Crowds of Djokovic's supporters have gathered outside the hotel, dancing and cheering, along with protesters criticising Australia's harsh asylum policies.

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2022-01-09 22:58:00Z
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Djokovic did not have guaranteed entry to Australia, government says - CNA

MELBOURNE: The Australian government had not given tennis star Novak Djokovic an assurance that a medical exemption that he said he had to enter Australia without a COVID-19 vaccination would be accepted, government lawyers said in a court filing on Sunday (Jan 9).

The filing ahead of a court hearing on Monday was in defence of the government's decision to bar entry to the world number one player over his COVID-19 vaccination status.

Djokovic is hoping to win his 21st Grand Slam at the Australian Open, starting in Melbourne on Jan 17.

But instead of training, the Serbian player has been confined in a hotel used for asylum seekers and is challenging the decision to cancel his visa after being stopped on arrival at Melbourne Airport early on Thursday.

The drama has rocked world tennis, caused tensions between Serbia and Australia and become a flashpoint for opponents of vaccine mandates around the world.

Himself a vocal opponent of vaccine mandates, Djokovic had declined to reveal his vaccination status or reason for seeking a medical exemption from Australia's vaccination rules. But his legal team said in a filing to the court on Saturday that the player had been granted an exemption due to having had the virus in December.

Djokovic's legal team said he had the necessary permissions to enter Australia, including an assessment from the Department of Home Affairs that responses on his travel declaration form indicated he met the conditions for quarantine-free arrival. The government disputed this.

"This is because there is no such thing as an assurance of entry by a non-citizen into Australia. Rather, there are criteria and conditions for entry, and reasons for refusal or cancellation of a visa," the government's filing said.

It said the department's email was not an assurance "that his so-called 'medical exemption' would be accepted", and his responses could be questioned and verified on his arrival.

The government also challenged Djokovic's claim for a medical exemption on the basis he had contracted COVID-19 and had recovered two weeks later.

"There is no suggestion that the applicant had "acute major medical illness" in December 2021. All he has said is that he tested positive for COVID-19. This is not the same," the filing said.

Australia says its health department notified tournament organising body Tennis Australia in November that a recent COVID-19 infection was not necessarily grounds for exemption in the country, as it is elsewhere. Djokovic's lawsuit says the Department of Home Affairs wrote to him this month to say he had satisfied the requirements to enter the country.

Djokovic's lawyers will have up to two hours to present their case from 10am on Monday, while the government department gets two hours to present its defence from 3pm. The case is being heard by the Federal Circuit and Family Court.

TENNIS AUSTRALIA

Tennis Australia CEO Craig Tiley said in his first media interview since the furore began that his organisation had spoken with federal and state officials for months to ensure the safe passage of players.

"Primarily because there is (so) much contradictory information the whole time, every single week we were talking to Home Affairs, we were talking to all parts of government to ensure that ... we were doing the right thing and (following) the right process with these exemptions," Tiley told Channel Nine television.

"The conflicting information, and the contradictory information we received, was because of the changing environment. We are in a challenging environment."

Finance Minister Simon Birmingham, asked about the matter on Channel 9 television, said without referring directly to Djokovic that "there's a clear difference between visas and entry requirements" and "entry requirements ... sit over and above the visa conditions".

Czech player Renata Voracova, who was detained in the same detention hotel as Djokovic and had her visa revoked after issues with her vaccine exemption, left the country without challenging her status, the Czech Foreign Ministry said.

The player has drawn strong support at home. Serbian Prime Minister Ana Brnabic said on Saturday that Djokovic had been given gluten-free food, tools to exercise and a SIM card to stay in contact with the outside world.

"It's a positive tone from the Australian side. The Serbian government is ready to provide all the guarantees necessary for Novak to be allowed to enter Australia, the Serbian president is also involved," Brnabic said.

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2022-01-09 11:49:00Z
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Australian Open chief says conflicting, changing advice led to Djokovic fiasco - CNA

MELBOURNE: Australian Open chief Craig Tiley on Sunday (Jan 9) blamed conflicting and quickly changing directives in a "challenging environment" for the confusion that resulted in tennis star Novak Djokovic being refused entry to Australia on a medical exemption.

Tiley refused to apportion blame for the saga over Djokovic's exemption from the mandate that people entering the country be vaccinated against coronavirus.

He said Tennis Australia had engaged in discussions with federal and Victoria state officials for several months in order to ensure the safe passage of players into the country.

Djokovic has spent four days in immmigration detention in a Melbourne hotel ahead of his appeal against a removal order issued by the Australian Border Force on Thursday morning. In a court filing on Saturday, his lawyers argued that he had been given a medical exemption as he had contracted and recovered from a COVID-19 infection detected on Dec 16.

"We are not going to lay the blame at anyone," Tiley told Channel 9, which holds the domestic broadcast rights to the Australian Open, on Sunday.

"All I can say is that, primarily because there is (so) much contradictory information the whole time, every single week we were talking to Home Affairs, we were talking to all parts of government to ensure that one, we were doing the right thing, and the right process with these exemptions.

"The conflicting information, and the contradictory information we received, was because of the changing environment. We are in a challenging environment."

The court hearing on Djokovic's case is set to begin at 10am (11am, Singapore time) on Monday. The nine-times Australian Open champion is seeking to win his 21st Grand Slam title at the tournament starting on Jan 17.

Tiley, who is Australian Open tournament director as well as chief executive of Tennis Australia, reiterated that neither body had wittingly passed incorrect information to players seeking to play in Melbourne using a medical exemption.

"All information we had at the time, the knowledge we had at the time, was supplied to players," he added.

"There was always going to be a handful of people ... that require for medical reasons exemptions. We worked closely with the Victorian Government to ensure it was actually two medical panels, two processes that ... a small handful had to go through to be exempt."

It was Tiley's first interview since Djokovic was detained at Melbourne Airport on Wednesday night, a development the South African said had shocked him.

Tiley had previously addressed Tennis Australia staff in a video that was subsequently leaked. In it, he acknowledged it was a difficult time for all at the organisation while expressing sympathy for the situation Djokovic found himself in.

"I would like to see him play the Australian Open, yes," Tiley said.

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2022-01-09 11:09:00Z
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What could happen at the Djokovic visa hearing in Australia? - CNA

THE AUSTRALIAN GOVERNMENT WINS

If the hearing goes in favour of the Australian government, it is likely to seek to eject Djokovic from the country on the next available plane out of Melbourne.

Last Thursday, the judge ordered Home Affairs Minister Karen Andrews not to remove Djokovic while he fights his appeal.

That order expires at 4pm on Monday.

Levingston said the government's case relied on a section of migration law that he believes "will ultimately see Mr Djokovic fail in his application".

Under the law, the minister only has to show that the presence of the visa holder "may, would or might be" a risk to the health, safety or good order of Australians.

But even if the government wins, the Serbian superstar could appeal.

DJOKOVIC APPEALS

If the judge dismisses the tennis ace's case, there could be a challenge.

"If he loses, it is highly likely that an appeal will be lodged," said John Findley, a solicitor-director who focuses on migration, family, business and tax matters.

In that scenario, Djokovic's lawyers would have to argue that there has been an error and probably flag some untested point of law, he added.

But even if such an appeal is lodged, Djokovic would not be able to walk free while the case is argued, said Levingston.

While the judge may allow an appeal, he could not order the government to grant a visa allowing Djokovic to exit detention, Levingston said.

Australia's home affairs minister could grant such a visa, he said. But she is unlikely to do so given the government's position on his case and the political impact of a decision to free him.

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2022-01-09 09:32:14Z
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