答案:佢好可能係一間比體育活動耽誤咗燒鵝店X酒吧
【補充2:有意見指商業營運補貼體育會,恐怕係個美麗誤會。根據南華會年報,2020年來自餐飲嘅租金收入只有$330萬,但餐飲嘅營運turnover 則近億(The total turnover for all of its activities last year was close to HK$99 million,詳見報道),換句話說如果確有盈利,其實好多落咗外判商嘅袋,南華會並無份。
如果南華會繼續要接受公帑資助,較公平嘅做法係南華會同外判商分紅,盈利要註明放返入去發展體育事務,或對公眾提供更多開放時數。】
【補充:早年南華會確實對體育發展有重大貢獻,但不少人亦留意到近年南華會有些轉變,例如外判服務,確係令人擔心,而呢個問題根源,係來自千瘡百孔嘅《私人遊樂場地契約》政策。
報道亦有提及嘅營運模式轉變,其中,泳會自從外判後,泳班價錢調高25%,原本公帑資助地價提供體育設施,結果部分盈利落咗外判商口袋,造成公平性問題。同樣道理,地契寫明不准商業活動嘅原意係為免特惠地變成做生意的地方,所以一般來講,提供嘅餐飲都應該係簡單、廉價,而現在的情況可能會有些問題。
故此,除咗係2026年南華會續約時,應了解以往外判泳班等等嘅情況,有否涉嫌違反地契,再收緊返相應嘅地契條款,而地價、地租可以相應調整,比呢啲體育會更專注發展體育事務,而要做到呢啲嘢,需要改革過時嘅《私人遊樂場地契約》政策。
其他情況更為嚴重嘅會所,例如遊艇會、3C會、哥爾夫球會,情況亦值得大家關注。】
Hong Kong Free Press HKFP 調查發現,同粉嶺哥爾夫球場同屬私人遊樂場契約嘅南華會,內裏活動多姿多彩,除左有燒鵝食、仲有酒吧比會員盡興,飲飽食醉,仲洗做運動?
至於做運動,南華會仲外判左場地比泳會用市價收學生,如果唔熟水,仲可以$2800 用VR 體驗打golf,同粉嶺高球場爭客。
對於呢啲用公帑補貼營運嘅會所搞啲咁嘅嘢,多得地契寫得唔清唔楚,我哋嘅研究員受訪時有咁嘅回應:
Brian Wong from Liber Research, a non-profit research and advocacy group on the city’s land issues, said the term “underlet” may be interpreted as simply subletting a property, or the letting out of a property at below the market rate.
“The lease is written quite vaguely, and gives some flexibility to [government] departments [on enforcement], but if it is sublet to others to make a profit, this runs contrary to the original purpose of private recreational leases,” he said.
報道 : Hong Kong Free Press. 21 August 2021. Concerns over cushy land deals for private clubs spark new probe into city’s oldest sporting association
https://hongkongfp.com/2021/08/21/concerns-over-cushy-land-deals-for-private-clubs-spark-new-probe-into-citys-oldest-sporting-association/
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同時也有13部Youtube影片,追蹤數超過9萬的網紅Shiney,也在其Youtube影片中提到,Watch Dogs: Legion ซื้อเกมได้ที่ https://store.epicgames.com/legendauser/watch-dogs-legion Watch Dogs: Legion is an action-adventure game played from...
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enforcement 2020 在 毛城城 MoCity Facebook 的精選貼文
【毛孩食安事故】美國食品藥物管理局於本月17日發公開警告信指,先後四次檢查發現,
Midwestern Pet Foods, Inc. 在不同州份的廠房皆有各異的食安問題,雖然有關公司已先後回收有關寵物食品,但FDA懷疑食品和一些寵物死亡與患病案件有關。FDA要求公司在15個工作天內發書面回應,否則會導致法律行動,FDA也有相關食品列表供消費者參考。
文件指,截至8月9日,FDA懷疑約有130宗死亡和220宗患病案例與Midwestern Pet Foods, Inc. 的寵物食品有關,局方第一輪檢查正因--「狗隻因食用該公司SPORTMiX乾糧後患病或死亡」觸發。
在2020年年底至今日二月,局方展開第一輪檢查,發現有關公司的SPORTMiX乾糧中,黃麴毒素約為558ppb,遠超標準值20ppb。此後三次額外檢查中,局方發現該公司疑似
嚴重違規之外,Monmouth, Illinois廠房的樣本更有沙門氏菌的陽性反應。
雖然Midwestern Pet Foods, Inc.每次都有回收有關寵物食品,但多次事故令FDA發出是次警告信。局方要求,15 個工作日內做出書面答覆,包括公司計劃採取的具體步驟,以糾正他們的違規行為。如未能及時解決違規行為會導致法律訴訟,包括產品扣押和禁令。
警告信全文:https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/midwestern-pet-food-613845-08092021
回收產品列表:https://www.fda.gov/animal-veterinary/outbreaks-and-advisories/fda-alert-certain-lots-sportmix-pet-food-recalled-potentially-fatal-levels-aflatoxin#products
資料與圖片來源:FDA,綜合外電報道
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#月旦民商法雜誌第72期 📌從廣明案看美國反托拉斯法私人訴訟之爭點與因應策略/顏雅倫(成功大學法律系副教授)
前言:
依據廣明光電股份有限公司於美國之反托拉斯民事訴訟Hewlett-Packard Co. v. Quanta Storage Inc.一案之判決,廣明應賠償HP共計美金438,650,000元,此一甚至超過廣明公司總資產的鉅額損害賠償,在我國迅速引發熱議。雖然廣明在上訴法院判決出爐後十數天,已迅速與HP達成和解,但這樁舉國關注的案件對我國企業帶來的啟示與教訓,仍值深究。
有鑑於此,顏雅倫教授在本文進一步分析廣明案一審陪審團指示與裁決、一審修正判決與上訴法院判決,以我國企業在美國最常涉及的價格操縱損害賠償案件為例,觀察美國反托拉斯私人執行的特殊性,並於綜合分析後指陳我國企業面臨美國反托拉斯私人執行時應注意事項。
✏關鍵詞:價格操縱、卡特爾、反托拉斯私人執行、廣明、間接購買人、反托拉斯法域外適用
✏摘要:
本文擬以廣明光電股份有限公司於美國之反托拉斯民事訴訟Hewlett-Packard Co. v. Quanta Storage Inc.一案出發,觀察美國反托拉斯私人執行(private enforcement)的特殊性,包括美國反托拉斯法被告連帶損害賠償責任、被告間無求償權,以及三倍損害賠償整體作用對訴訟風險及和解與否暨時間的影響與特殊性。本文並以廣明案為基礎,進一步剖析臺灣企業在美國最常涉及的國際卡特爾(特別是價格操縱)行為如引發相關反托拉斯私人執行訴訟時,應特別注意之核心議題,包括在美國卡特爾案件中反托拉斯公執行與私執行間之互動關係、美國聯邦反托拉斯法之間接購買人原則與部分州法允許間接購買人請求損害之衝擊與影響,以及臺灣零組件製造商就其所生產之零組件為跨國卡特爾(特別是價格操縱)行為且相關零組件組成之終端產品銷售至美國時,是否有美國反托拉斯法之適用等。
✏試讀
🟧廣明案發展概述
依據廣明案上訴法院判決與廣明案一審修正判決起始對本案發展之簡述,廣明係電腦光碟機(optical disk drives)製造商,其從2003年至2009年間,參與其他光碟機製造商之操縱價格共謀。而HP與其子公司於該段期間自廣明與其他參與此卡特爾之成員處購買光碟機並將該等光碟機整合入HP品牌的電腦中。而此一價格操縱共謀經包括美國在內之反托拉斯主管機關調查後,HP於2013年10月24日於美國德州南區地方法院對廣明、廣明美國子公司(Quanta Storage America Inc.,下稱「廣明美國」)與其他光碟機供應商起訴請求損害賠償。該訴訟因屬光碟機產品反托拉斯多州訴訟(Optical Disk Drive Products Antitrust Multidistrict Litigation)之一部分而被移轉至美國加州北區地方法院。而除廣明以外的光碟機供應商最後均和解,美國加州北區地方法院遂將HP對廣明之訴訟移轉回美國德州南區地方法院。2019年10月,歷經6天的陪審團審判,期間陪審團聽取了HP的損害賠償專家即經濟學家Dr. Debra Aron證言,Dr. Aron證稱依據其損害賠償計算模型,HP就光碟機被超額取價共計176,300,000元。而陪審團無異議裁決廣明參與光碟機卡特爾,且該價格操縱行為造成HP為光碟機多支付了176,000,000元。而美國德州南區地方法院於三倍損害賠償額再扣除HP與其他光碟機供應商和解之金額後,為准許HP之損害賠償請求共計438,650,000元的最終判決。
廣明於廣明一審修正判決出爐時,第一時間以公開聲明表示,廣明過去7年面對包含HP在內的7件美國聯邦民事訴訟案件,多以具象徵意義之金額和解,並曾在加州聯邦地方法院針對「間接購買者集體訴訟」原告取得勝訴。惟因廣明僅是索尼(新力)及飛利浦公司的代工廠,由其直接銷售與HP全球各地之分公司,並未直接與HP有任何交易,廣明亦無能力操縱價格。且美國司法部(U.S. Department of Justice, DOJ)及我國公平交易委員會均在事實上認定廣明與廣明美國並未違法而無任何處分行為。鑑於HP要求之和解金額高於向其他原告要求金額之數十倍,廣明亦依據2014年Motorola Mobility LLC v. AUOptronics Corp.乙案(以下稱「Motorola Mobility案」)中美國聯邦第七巡迴上訴法院之見解,主張廣明並無直接銷售與HP之交易行為,美國法院對於廣明之製造與銷售行為欠缺管轄權。廣明並表示此案縱使經美國第五巡迴上訴法院二審審理後仍判決廣明敗訴,仍有上訴至美國最高法院的可能性。且縱令此案經美國司法程序確認,HP仍需親自至我國法院執行,我國法院仍可依民事訴訟法第402條規定,以美國法院無管轄權或美國法院判決內容或訴訟程序違背我國公共秩序、善良風俗等為由不承認該美國判決。故廣明仍將透過美國與我國司法程序捍衛其自身與股東權益。
廣明就廣明一審修正判決之損害賠償金額提出上訴,但並未就其責任認定為上訴。原亦為廣明案一審修正判決之敗訴被告廣明美國,則並未提出上訴。而如前述,廣明案上訴法院判決於2020年6月初駁回廣明對廣明案一審修正判決之上訴,但部分廢棄美國德州南區地方法院之執行命令。廣明於2020年6月7日就此發布重大訊息,廣明重申依Motorola Mobility案理由,依據美國外國貿易反托拉斯改進法(Foreign Trade Antitrust Improvement Act, FTAIA),「由HP美國境外子公司採購,於美國境外組裝,再由HP美國公司購買售給美國消費者之光碟機」並不適用美國反托拉斯國內法,但美國第五巡迴上訴法院僅以證據法之理由判定HP專家證人之證詞可信度足令陪審團作出判決,而認為毋庸就本案是否適用Motorola Mobility LLC v. AU Optronics Corp案提出解釋。廣明不認同美國第五巡迴上訴法之判決理由,以及該判決與其他巡迴上訴法院見解差異造成美國法令遵循之無所適從,故將向美國第五巡迴上訴法院提交「複審請願書」(Petition for Rehearing)與「聯席更審」(Rehearing En Banc),亦會針對上訴本案之美國最高法院之程序與委任律師進行討論。(本文未完…)
🗒全文請見:從廣明案看美國反托拉斯法私人訴訟之爭點與因應策略/顏雅倫(成功大學法律系副教授),月旦民商法雜誌第72期
📕本期目錄:http://www.angle.com.tw/magazine/m_single.asp?BKID=2797
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enforcement 2020 在 Shiney Youtube 的最佳解答
Watch Dogs: Legion
ซื้อเกมได้ที่ https://store.epicgames.com/legendauser/watch-dogs-legion
Watch Dogs: Legion is an action-adventure game played from a third-person perspective, and takes place within an open world setting based upon London, which can be explored either on foot - utilizing parkour moves - vehicles, or fast-travelling via the city's Underground stations. The game is composed of several missions, including those that progress the main story, liberation missions aimed at freeing the city's boroughs featured in the setting, recruitment missions for new playable characters, and various side-activities, with players able to freely pursue a mission or activity, or explore the city for secrets and collectibles. Each mission's objectives can be handled via one or several different approaches: an open-combat approach utilizing a variety of weapons; a stealth approach utilizing the environment to avoid detection and monitoring enemy patterns; or a hacking approach using any hackable object to subdue enemies with traps or distractions, while seeking out objectives via cameras and remotely accessing them. Combat includes a mixture of gun fights - involving lethal and non-lethal fire-arms - and hand-to-hand combat moves, with enemies making use of different methods depending on how the player acts against them in combat (i.e. a guard hit with a punch will use melee attacks). Players can be pursued by enemies when escaping, including hostile drones, but can lose them by utilizing hack-able environmental objects (i.e. vents) and avoiding line of sight with pursuers.
Unlike previous games in the series, Legion features the ability to use multiple characters during a playthrough, each of whom can be recruited from around the game's setting. While the player must choose a character to begin with after the story's prologue chapter, others may be recruited upon completing the initial story missions of the game from anywhere around the game's setting, which can also include those working for hostile factions. Those recruited become operatives that the player can freely switch to at any time, as well as customize with different clothing options, with each recruit-able character maintaining their own lifestyle and occupation when not active (i.e. spending time drinking at a pub). Each character that can be recruited have different traits and skills, based upon their background - a spy operative has access to a silenced pistol and can summon a special spy vehicle to travel around with, armed with rockets; a hooligan operative can summon in friends to help in a fist-fight; a builder operative can make use of large drones for heavy-lifting and a nail-gun for combat; while an "adrenaline junkie" operative can deal more damage, but risk the possibility of being knocked out/dying at any random moments. Operatives can gain experience when used by the player, which allows them to gain additional skills and abilities to improve them, with the player able to provide additional upgrades for all character by spending "tech points" - a collectible scattered around the city, which can be spent on weapon and gadget upgrades.
All potential recruits have an additional statistic, which details whether they can be recruited when approached - their thoughts on DedSec. Some recruits may not join if either they favour those that oppose them (such as a hostile faction), if the player has a character in their roster whom they hate or if DedSec did something to harm another NPC they have good relations with. If a recruit can be brought in, players will be required to complete a mission from them related to a problem they need resolving. An example of such a mission would be helping someone determine why they are being constantly spied on more frequently of late working as a vigilante in shutting down a criminal operation they seek to disrupt. Any character that can be recruited, can be killed during a playthrough by criminal gangs or law enforcement, and thus be permanently removed from the player's roster of playable characters, provided the player has the permadeath option enabled; if not, the character is merely arrested, and can be simply rescued by another operative. If the player loses all their characters from death or arrest, the game ends.
The online component of the game would be introduced through a free post-launch update in December 2020. Players can also join a team of up to four players in cooperative gameplay, sharing progression between single-player and multiplayer modes. They can also access Tactical Ops, which are co-operative missions designed for 4 players, or simply explore London together. The asymmetrical multiplayer mode Invasion would also return. The game also features a competitive multiplayer mode named "Spiderbot Arena" in which players assumes control of a gadget named spiderbot and compete against each other in free for all matches.
enforcement 2020 在 Shiney Youtube 的最佳解答
Watch Dogs: Legion
ซื้อเกมได้ที่ https://store.epicgames.com/legendauser/watch-dogs-legion
Watch Dogs: Legion is an action-adventure game played from a third-person perspective, and takes place within an open world setting based upon London, which can be explored either on foot - utilizing parkour moves - vehicles, or fast-travelling via the city's Underground stations. The game is composed of several missions, including those that progress the main story, liberation missions aimed at freeing the city's boroughs featured in the setting, recruitment missions for new playable characters, and various side-activities, with players able to freely pursue a mission or activity, or explore the city for secrets and collectibles. Each mission's objectives can be handled via one or several different approaches: an open-combat approach utilizing a variety of weapons; a stealth approach utilizing the environment to avoid detection and monitoring enemy patterns; or a hacking approach using any hackable object to subdue enemies with traps or distractions, while seeking out objectives via cameras and remotely accessing them. Combat includes a mixture of gun fights - involving lethal and non-lethal fire-arms - and hand-to-hand combat moves, with enemies making use of different methods depending on how the player acts against them in combat (i.e. a guard hit with a punch will use melee attacks). Players can be pursued by enemies when escaping, including hostile drones, but can lose them by utilizing hack-able environmental objects (i.e. vents) and avoiding line of sight with pursuers.
Unlike previous games in the series, Legion features the ability to use multiple characters during a playthrough, each of whom can be recruited from around the game's setting. While the player must choose a character to begin with after the story's prologue chapter, others may be recruited upon completing the initial story missions of the game from anywhere around the game's setting, which can also include those working for hostile factions. Those recruited become operatives that the player can freely switch to at any time, as well as customize with different clothing options, with each recruit-able character maintaining their own lifestyle and occupation when not active (i.e. spending time drinking at a pub). Each character that can be recruited have different traits and skills, based upon their background - a spy operative has access to a silenced pistol and can summon a special spy vehicle to travel around with, armed with rockets; a hooligan operative can summon in friends to help in a fist-fight; a builder operative can make use of large drones for heavy-lifting and a nail-gun for combat; while an "adrenaline junkie" operative can deal more damage, but risk the possibility of being knocked out/dying at any random moments. Operatives can gain experience when used by the player, which allows them to gain additional skills and abilities to improve them, with the player able to provide additional upgrades for all character by spending "tech points" - a collectible scattered around the city, which can be spent on weapon and gadget upgrades.
All potential recruits have an additional statistic, which details whether they can be recruited when approached - their thoughts on DedSec. Some recruits may not join if either they favour those that oppose them (such as a hostile faction), if the player has a character in their roster whom they hate or if DedSec did something to harm another NPC they have good relations with. If a recruit can be brought in, players will be required to complete a mission from them related to a problem they need resolving. An example of such a mission would be helping someone determine why they are being constantly spied on more frequently of late working as a vigilante in shutting down a criminal operation they seek to disrupt. Any character that can be recruited, can be killed during a playthrough by criminal gangs or law enforcement, and thus be permanently removed from the player's roster of playable characters, provided the player has the permadeath option enabled; if not, the character is merely arrested, and can be simply rescued by another operative. If the player loses all their characters from death or arrest, the game ends.
The online component of the game would be introduced through a free post-launch update in December 2020. Players can also join a team of up to four players in cooperative gameplay, sharing progression between single-player and multiplayer modes. They can also access Tactical Ops, which are co-operative missions designed for 4 players, or simply explore London together. The asymmetrical multiplayer mode Invasion would also return. The game also features a competitive multiplayer mode named "Spiderbot Arena" in which players assumes control of a gadget named spiderbot and compete against each other in free for all matches.
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Watch Dogs: Legion
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Watch Dogs: Legion is an action-adventure game played from a third-person perspective, and takes place within an open world setting based upon London, which can be explored either on foot - utilizing parkour moves - vehicles, or fast-travelling via the city's Underground stations. The game is composed of several missions, including those that progress the main story, liberation missions aimed at freeing the city's boroughs featured in the setting, recruitment missions for new playable characters, and various side-activities, with players able to freely pursue a mission or activity, or explore the city for secrets and collectibles. Each mission's objectives can be handled via one or several different approaches: an open-combat approach utilizing a variety of weapons; a stealth approach utilizing the environment to avoid detection and monitoring enemy patterns; or a hacking approach using any hackable object to subdue enemies with traps or distractions, while seeking out objectives via cameras and remotely accessing them. Combat includes a mixture of gun fights - involving lethal and non-lethal fire-arms - and hand-to-hand combat moves, with enemies making use of different methods depending on how the player acts against them in combat (i.e. a guard hit with a punch will use melee attacks). Players can be pursued by enemies when escaping, including hostile drones, but can lose them by utilizing hack-able environmental objects (i.e. vents) and avoiding line of sight with pursuers.
Unlike previous games in the series, Legion features the ability to use multiple characters during a playthrough, each of whom can be recruited from around the game's setting. While the player must choose a character to begin with after the story's prologue chapter, others may be recruited upon completing the initial story missions of the game from anywhere around the game's setting, which can also include those working for hostile factions. Those recruited become operatives that the player can freely switch to at any time, as well as customize with different clothing options, with each recruit-able character maintaining their own lifestyle and occupation when not active (i.e. spending time drinking at a pub). Each character that can be recruited have different traits and skills, based upon their background - a spy operative has access to a silenced pistol and can summon a special spy vehicle to travel around with, armed with rockets; a hooligan operative can summon in friends to help in a fist-fight; a builder operative can make use of large drones for heavy-lifting and a nail-gun for combat; while an "adrenaline junkie" operative can deal more damage, but risk the possibility of being knocked out/dying at any random moments. Operatives can gain experience when used by the player, which allows them to gain additional skills and abilities to improve them, with the player able to provide additional upgrades for all character by spending "tech points" - a collectible scattered around the city, which can be spent on weapon and gadget upgrades.
All potential recruits have an additional statistic, which details whether they can be recruited when approached - their thoughts on DedSec. Some recruits may not join if either they favour those that oppose them (such as a hostile faction), if the player has a character in their roster whom they hate or if DedSec did something to harm another NPC they have good relations with. If a recruit can be brought in, players will be required to complete a mission from them related to a problem they need resolving. An example of such a mission would be helping someone determine why they are being constantly spied on more frequently of late working as a vigilante in shutting down a criminal operation they seek to disrupt. Any character that can be recruited, can be killed during a playthrough by criminal gangs or law enforcement, and thus be permanently removed from the player's roster of playable characters, provided the player has the permadeath option enabled; if not, the character is merely arrested, and can be simply rescued by another operative. If the player loses all their characters from death or arrest, the game ends.
The online component of the game would be introduced through a free post-launch update in December 2020. Players can also join a team of up to four players in cooperative gameplay, sharing progression between single-player and multiplayer modes. They can also access Tactical Ops, which are co-operative missions designed for 4 players, or simply explore London together. The asymmetrical multiplayer mode Invasion would also return. The game also features a competitive multiplayer mode named "Spiderbot Arena" in which players assumes control of a gadget named spiderbot and compete against each other in free for all matches.
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