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ERC’s Devanadera flags regulatory risk from commissioners’ suspensions

THE CHAIR of the Energy Regulatory Commission (ERC) said the impending suspension of the agency’s four commissioners poses a “dangerous” regulatory risk as she listed nine crucial functions that will be crippled without a quorum.

ERC Chair Agnes T. Devanadera, in statement posted on the agency’s Web site late on Wednesday, said as a collegial body the presence of at least three members of the commission is needed to constitute a quorum and enable the adoption of any ruling, order, resolution, decision or other acts in their exercise of quasi-judicial and quasi-legislative functions.

“The absence of a quorum in the ERC will make it unable to perform any of its quasi-judicial and quasi-legislative functions,” she said.

She noted that hearings will not be conducted as notices and schedules are set by the commission;

No deliberations on applications for approval of power supply agreements, capital expenditure projects of the distribution utilities and the National Grid Corporation of the Philippines, rate adjustments, pass-on charges will be undertaken;

Consumer complaints will not be acted upon;

Violations of industry players of existing laws, rules and regulations will not be acted upon;

Certificates of compliance or provisional authorities to operate power plants will not be issued or renewed;

Market suspension will not be declared when warranted;

Decisions and resolutions cannot be promulgated and released;

Operations of the ERC will be affected as personnel actions could not be undertaken; and

Procurement contracts cannot be awarded, especially the ERC meter seals and stickers being placed on electric meters of the distribution utilities, among others.

Ms. Devanadera said the suspension of the four commissioners “will have a substantial impact for the whole country and presents a dangerous regulatory risk that will severely affect the economic and financial environment of the country.”

The four commissioners, along with the previous ERC chairman, were ordered suspended for one year by the Office of the Ombudsman in connection with the revised implementation date of the competitive selection process (CSP), which it said favored a few power supply contracts.

CSP requires these contracts between power generation companies and distribution utilities to be subjected to price challengers, a process that is aimed at lowering electricity costs. — Victor V. Saulon

NCCC mall fire highlights inaction on workplace-safety legislation

SEN. Emmanuel Joel J. Villanueva called for government agencies like the Department of Labor and Employment (DoLE) to “seriously implement” laws on occupational safety and health (OSH).

Mr. Villanueva, who chairs the committee on labor, employment, and human resources development in the Senate, expressed disappointment over failure of DoLE to implement the law which provides for the safety of workers.

“We have a law that is currently in place to implement standards on workers’ safety in the workplace. It is very disappointing for agencies like DoLE to fail to implement this law,” Mr. Villanueva said.

He said this amid efforts finalize Senate Bill (SB) 1317 or the Occupational Safety and Health bill after a mall was gutted by fire in Davao City, leaving 38 people dead.

“It’s disappointing that the Senate continues to sit on the Occupational Safety and Health (OSH) bill, which was approved and transmitted by the House in December 2016, even if it’s been certified as one of the priority bills,” Gabriela Rep. Arlene D. Brosas said in a statement.

The House of Representatives earlier passed a similar bill on third reading. The OSH compliance was listed as a priority measure under the Common Legislative Agenda for the 17th Congress.

“Right now, the amendment to impose higher penalties for non-compliance with the law has been approved by the committee and is up for interpellation. We are almost done debating and we expect the final version to be done by first quarter next year,” Mr. Villanueva said.

The OSH bill will compel employers to implement a set of standards to ensure safety in workplaces and will penalize non-compliance. The explanatory note of the two proposed laws noted that the Labor Code, as amended, only authorizes work stoppages in cases of imminent danger in workplaces.

Ms. Brosas said that Makabayan bloc, a group of opposition lawmakers of which she is a member, will file a resolution to investigate the fire.

“We will urge the House labor committee to hold an inquiry on the NCCC mall fire and draw lines of accountability. Someone must be held accountable,” Ms. Brosas said. — Minde Nyl R. dela Cruz

AFP still in active defense mode

THE Armed Forces of the Philippines (AFP) remains in “active defense mode” despite a three-day break in the truce with the New People’s Army (NPA), Defense Secretary Delfin N. Lorenzana said on Wednesday. “We are still on active defense…That’s the marching order,” Mr. Lorenzana said in a televised press briefing in Marawi City, after President Rodrigo R. Duterte declared a unilateral cease-fire with communist rebels from 6 p.m. of Dec. 23 to 11:59 p.m. of Dec. 26 and from 6 p.m. of December 30 until 11:59 p.m. of Jan. 2. For his part, Presidential Spokesperson Herminio Harry L. Roque, Jr. said the government has “no plan to withdraw the Christmas cease-fire” despite the NPA’s attack on a military patrol base in Compostela Valley on Christmas Day, saying that “the government keeps its promise.” For Major General Noel S. Clement of the 10th Infantry (Agila) Division, the recent attack “was absolutely clear violation of cease-fire made by the terrorist NPA to disrupt our efforts in making sure Christmas will be celebrated peacefully. Their celebration is usually accompanied by armed attacks against the people that reflect their true color as a criminal organization void of any ideology.” Meanwhile, Communist Party of the Philippines–North Central Mindanao Region (CPP-NCMR) spokesman Norsen Manggubat reported on Tuesday that the movement continues to expand its mass base “amidst the martial law.” “In the span of one year, the number of barrios encompassed by the movement has increased by 17%. Similarly, the population of new members of the organized masses rose by 21% from last year’s figure. Units of the people’s militias, meanwhile, have gained 7% within the countryside barrios,” Mr. Manggubat said in a statement. Some 131 NPA-led military offensives were initiated in the region, the group said, adding it has endured 10 defensive actions against the enemy. Of its 250 casualties, 141 were killed in action and 109 were wounded-in-action (WIA), the statement said, adding that 12 combatants were killed and 15 were wounded. The group also seized 107 rifles from government forces. “With these gains and losses, we had overcome recruiting revolutionaries from the above movements. NPA personnel have increased by 9% as compared from the previous year. Party membership also rose by 13%.” — Arjay L. Balinbin

Rio expects three million for New Year’s at Copacabana

RIO DE JANEIRO — Rio de Janeiro expects three million people to attend New Year’s festivities at the famed Copacabana beach, the Brazilian city said on Wednesday. In previous years, there have been around two million people to watch fireworks at the beach, almost all dressed in white, as tradition dictates. “We believe that there will be three million people,” Marcelo Alves, the head of the municipal tourism agency Riotur, said at a news conference. The city council said that a total of 1,032 municipal police have been mobilized for the celebrations, and the Rio state government earlier announced that leave for 2,000 military police had been canceled to reinforce security for end-of-the-year celebrations. Despite violence and financial problems plaguing the city, Riotur expects it to receive 2.7 million tourists for New Year’s, which would inject some 2 billion reais ($600 million) into the economy. — AFP

Arwind Santos transitioning well in future partnership with Christian Standhardinger

FORMER MVP Arwind Santos is ready to play either alongside Christian Standhardinger or make way for the top overall rookie pick.

The grizzled veteran considered Standhardinger’s entry as a good problem for San Miguel now that he has developed into an inside-out player.

“I could be a 3 if ever I will play alongside him. We can coexist. In fact, I’m so excited to play with him. He can contribute a lot for the team,” Mr. Santos told BusinessWorld.

Over the past three seasons, Mr. Santos had shown more versatility in his game.

Known more for his defense and inside game, the former Far Eastern University stalwart developed an outside shooting, one that has become a lethal weapon for the Beermen’s five championship runs.

“Basketball is not about talent. We need pieces. You need somebody to get the rebound, to defend, to shoot or to post up, we need to adopt because there will be times you are going to play different positions.”

Mr. Santos is ready to welcome Mr. Standhardinger, a 6-foot-8 frontliner, who caught the fancy of Pinoy fans when he reinforced Gilas Pilipinas in major international tournaments this year.

“Even though I want to play more, I think I would be more confident with Christian while I’m not playing. He can play alongside June Mar (Fajardo) because he can run as well. If ever me and Christian play together, we’ll be faster as well. There will be a lot of good combinations for the team,” he said.

San Miguel Beer team manager Gee Abanilla sees the move as a way of preserving either Mr. Fajardo or Mr. Santos.

“It’s a way of preserving June Mar, who’s been playing heavy minutes the past four seasons, while on the other hand, the move could also benefit Arwind for a few more seasons,” added Abanilla. — Rey Joble

Bad new times

The year 2017 isn’t exactly auld lang syne, or good old times, and 2018 is not only likely to be a repeat of it. It could even be worse.

As 2016 ended a year ago, the new year of 2017 was welcomed with optimism by most Filipinos, in the probable belief that thinking so will make it so. The feng shui and other creatures spawned by the Philippine culture of confusion, who claim to have the power to foretell the future, weren’t helping any. Neither were the survey firms, which as usual regaled the citizenry with their cheery polls on the average man-on-the-street’s fact-defying optimism.

Those who make predicting what will happen in the coming year their business proclaim every New Year that things will be better despite their and the rest of the country’s experience, which for decades has argued against such upbeat expectations. But whether it’s employment opportunities or the prospects for peace, development and an end to corruption, their predictions have been, and are still likely to be, uniformly the same.

Their optimism is curious, considering how often the rest of us have been disappointed with the way things turn out every year. Philippine society has after all been in crisis for centuries due to the rapaciousness and incompetence of a political class nurtured by colonial rule and sustained by imperialist intervention. Unless the power structure is democratized, things will remain the same, and any change that does happen is likely to be for the worse.

But why the belief persists that things will always be better as the old year passes into history is understandable. So used have Filipinos been to political instability, violence, impunity, uncertainty, and fear that they think these anomalies to be normal. Any change no matter how small is thus regarded as significant. Change being the one certainty in existence, it’s easy enough to predict, and even believe, that every change is for the better.

Political upheavals, foreign invasion, wars and the social unrest driven by poverty, hunger and injustice have at various times sharpened the seething contradictions in Philippine society. These have led to attempts to understand how the divisions rooted in the political, economic, and social disempowerment of vast numbers of Filipinos on the one hand, and the monopoly over wealth and power of a handful of families and political dynasties on the other, sustain a society of vast inequality.

The reality is that 2017 is ending with the most telling indications yet that 2018 may be another acute stage in the Philippine crisis of political, economic, and social underdevelopment. Eighteen months after Rodrigo Duterte assumed the presidency, the Philippines is even more acutely in the grip of that crisis because of the distinct possibility that the reforms the country has long needed for its survival will never take place. Instead there is the continuing threat of a return to dictatorship as the same means of preventing change that Ferdinand Marcos used in 1972.

It’s not only the “war” on drugs, which has so far cost the lives of an estimated 14,000 men, women, and children, that’s being readied to justify authoritarian rule. Terrorism and insurgency have also emerged as convenient excuses for a nationwide declaration of martial law, or even the imposition of a grievously misnamed “revolutionary government” that will be anything but revolutionary.

The next few months of 2018 will tell if, in an attempt to resolve a crisis that it has pushed to an acute stage, the Duterte regime, which clearly demonstrated in 2017 its commitment to keeping things the way they have always been, will bring it to even more dangerous levels through open authoritarian rule. If it does, it will plunge the country into a maelstrom of violence and uncertainty only a radical shift in political power — from its monopoly by the few to its democratization in the hands of the many — can remedy.

Mr. Duterte’s pre-election promises of change on a wide range of issues — from corruption and the drug problem to foreign relations and peace talks with the National Democratic Front of the Philippines (NDFP) — resonated among a people desperate for change. But most of these promises have remained unfulfilled, and Mr. Duterte has terminated the peace talks, the success of which was predicated on the adoption of basic reforms.

Mr. Duterte’s preferred approach to the drug problem, which has led to an unprecedented number of killings, mostly by a police force he has empowered as judge, jury and executioner, is still in place. Not only is this policy undermining the Bill of Rights; it is also promoting the use of unaccountable State violence against the poor as the only means of addressing the country’s problems. But as the year is ending, the killings hitherto associated only with the drug “war” are spreading to include political activists, farmer and worker militants, human rights defenders and Lumad leaders.

The year is also ending with an impending economic catastrophe in the lives of those with fixed incomes, primarily the poor. The much touted — and as misnamed as many other laws passed by the dynastic stronghold known as Congress — Tax Reform Acceleration and Inclusion Act (Republic Act 10963) will mean higher consumption taxes for the poorest sectors of the population, who currently pay no income tax.

They will end up shouldering the shortfall in government revenues that higher tax exemptions for the wealthier classes will bring about. They will pay higher prices for basic and other commodities as well as transportation as fuel prices, driven by higher excise taxes, rise. Rather than an inclusionary act, RA 10963 is actually exclusionary. It singles out the already burdened poor for indirect taxation, while enabling those who already have much to have even more.

The imposition of nationwide martial rule becomes even more likely in this added context, given the probability of a surge in social and political unrest. But there is opportunity as well as challenge in the reemergence of the threat of the despotism that has always been the ruling elite’s favored response to the demand for change.

It can enable the sectoral and mass organizations to become even more relevant than they already are to the lives of the majority.

Through the enhancement of their role as instruments for the enlightenment and organizing of the people on and for the need to broaden their awareness and commitment to the imperative of democratizing political power as the only true path to authentic development, they can help put an end to the bad times that for decades have been the condition of life for the majority in these isles of fear and uncertainty.

Meanwhile, the unlawful arrests and spurious charges against political activists, community leaders and human rights defenders, and specially the killings that are occurring with increasing frequency in Mindanao and other areas, will very likely drive more and more young men and women into defending themselves, their families and their communities with whatever means necessary.

The fundamental lesson the history and experience of this and other countries teaches is that repression and authoritarian rule have never succeeded in stopping dissent, protest, and organized resistance anywhere. They have instead accelerated the coming of the very changes they’re meant to prevent. Bad times have in many instances indeed led to better times: the optimists may have a point.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro). The views expressed in Vantage Point are his own and do not represent the views of the Center for Media Freedom and Responsibility.

www.luisteodoro.com

Climate change cases predicted to make a legal splash in 2018

NEW YORK/TEPIC — A clutch of high-profile legal cases over responsibility for the effects of climate change will be fought out in courtrooms next year as claims stack up against both governments and some of the world’s biggest oil and energy companies.

Lawsuits in the United States brought by young activists and several Californian cities are most likely to make waves, but legal action by a Peruvian farmer in Germany and Greenpeace in Norway could also cause ripples, said lawyers and academics.

“There is a trend towards more litigation around climate change, and probably the lack of political action in the United States may increase that trend,” said Sophie Marjanac, a London-based lawyer at nonprofit environmental law group ClientEarth.

“Where there’s an abdication of leadership on climate action, I think the courts will have a greater role to play,” she told the Thomson Reuters Foundation.

Lawyers and campaigners are closely watching the looming legal battles they say could set the stage for fresh claims against major oil and industrial companies, and pressure governments to ramp up action on climate change.

With US President Donald J. Trump and his cabinet members named as defendants, the Juliana v. United States case brought by 21 young activists from Oregon is set to be one of the most closely followed in 2018.

In the federal case, scheduled for trial in February, the plaintiffs hope to establish that the government’s climate change policies have failed to protect their constitutional right to live in a habitable environment.

The case remains locked in legal limbo, however, as the government tries to block it from proceeding.

Lawyers and academics say Juliana builds on the groundbreaking Urgenda case brought by hundreds of Dutch citizens in 2015, which saw the government ordered by a district court to accelerate reductions of greenhouse gas emissions.

However, that outcome is now being appealed, with a decision likely early next year.

Elsewhere, a January judgment is expected in a case brought by Greenpeace Nordic and environmental group Nature and Youth against Norway, which they claim has breached its pledge to combat climate change by granting oil and gas exploration rights.

HISTORY REPEATING?
Some lawyers and researchers say claims seeking specific damages from energy and industrial companies for actions that may have contributed to climate change could have a bigger impact than constitutional cases.

A successful ruling against a heavyweight corporate could potentially unleash a wave of similar claims, say case watchers, who reference long-running fights against tobacco, asbestos and pesticide manufacturers over harm to human health.

At least seven Californian cities and counties have brought lawsuits against major fossil fuel companies. San Francisco and Oakland are seeking billions of dollars to help protect against rising sea levels they blame on climate change.

“Why should taxpayers and impacted communities alone bear the growing costs of climate impacts when fossil fuel companies have played an outsized role in making the problem worse?” said Peter Frumhoff, director of science and policy at the Union of Concerned Scientists, after Santa Cruz city and county both filed lawsuits this month.

Tracy Hester, a lecturer at the University of Houston Law Center, said such claims could “redefine the rules of the game.” “They’re essentially not trying to bring a global claim that’s going to lock up all these issues in one court… they’re different in that they’re seeking damages,” he said.

Mr. Trump’s move to pull out of the Paris climate change accord and roll back environmental regulations means campaigners are increasingly resorting to litigation, as they did under former President George W. Bush, said case watchers.

MITIGATION NOT LITIGATION
While climate-related suits are not new, scientific advances could bolster plaintiffs as they try to pin responsibility for climate change on particular polluters.

A German court has agreed to hear evidence in a case brought by Peruvian farmer Saúl Luciano Lliuya against RWE AG, asking the power giant to pay to reinforce a lake above his village dangerously swollen by glacial melt he says is caused by global warming the company contributed to.

Yet while there has been a steady rise in cases seeking to hold corporations and governments to account, few make it to court and legal action is largely limited to richer countries.

Despite a few exceptions — including a farmer who successfully sued Pakistan’s government in 2015 — mitigating rather than litigating against climate change is favored in poorer countries where legal success is less likely, according to Cosmin Corendea, a legal expert at the United Nations University in Bonn.

But the knock-on effect of rulings on companies and governments could eventually be felt around the world, including in countries already struggling with climate change impacts.

“The decision of the court echoes,” said Mr. Corendea. “It’s important in climate change litigation to have this kind of momentum.” — Thomson Reuters Foundation

Returning Andy Murray takes it slow after injury woes

LONDON — Andy Murray says his injury-ravaged season has forced him to take a cautious approach to what he can achieve when he returns to action.

Murray has been sidelined since July when he was beaten by Sam Querrey in the Wimbledon quarterfinals.

That loss was caused largely by Murray’s problems with a hip injury and he missed the US Open as a result of his fitness struggles.

The three-time major winner plans to make his comeback at the Brisbane tournament which starts on New Year’s Eve.

But despite also surrendering his world number one ranking during a frustrating year, Murray insists he won’t be motivated solely by thoughts of Grand Slam glory once he gets back on court.

Instead, the Scot wants to first prove he is finally fit and start to enjoy his tennis again.

“When I was fit and healthy last year (2016) you think about winning all the major events, getting to no. 1 and winning every competition that you are in and that is what really drives you,” Murray told Sky Sports.

“When you miss four or five months and there has been a bit of uncertainty about my hip or stuff. I missed the US Open and almost missed Wimbledon as well.

“The goals change and I remember now how much I just loved playing tennis — it isn’t about winning every match that I play in the future or winning more slams. — AFP

Cambodia sends maids to HK to plug gap after scandals over abuse

CAMBODIA sent its first batch of maids to work in Hong Kong on Wednesday as the Asian financial hub scrambles to meet growing demand for domestic helpers after a series of abuse scandals.

Hong Kong is home to more than 300,000 foreign maids, mostly from the Philippines and Indonesia.

But high-profile cases of abuse and forced labor have seized global headlines in recent years and threatened to stem the tide of migrant helpers.

Hong Kong has turned to Cambodia, one of Asia’s poorest countries where the average monthly wage is around $100, to offset a potential maid shortage.

The city’s population is rapidly aging and demand for domestic helpers is predicted to soar among those wealthy enough to afford them.

Under the pilot project, six agencies were authorized in August to recruit Cambodian domestic workers to work in Hong Kong.

Fourteen women who have received basic training in Cantonese among other skills flew to Hong Kong on Wednesday.

Seik Malay, 30, told AFP said she made the painful decision to leave her nine-year-old daughter behind in Cambodia to earn $550 a month on a two-year contract in Hong Kong.

“With that salary, I will be able to support my family,” she said, adding that she was not worried about the potential for mistreatment at the hands of Hong Kong employers.

Ngoy Rith, deputy chief of Cambodia’s labor department, who is traveling to Hong Kong with the maids, downplayed concerns about exploitation despite a recent slew of cases of abuse.

“We have already prepared everything to handle those concerns,” he told reporters before departure.

He said each Cambodian maid would be allowed to use a smartphone to contact their relatives or officials if they needed help.

Cambodia expects to send about 1,000 maids to Hong Kong next year.

A 2016 report by the Justice Center found that one in six foreign maids in Hong Kong are subject to “forced labor.”

Rights groups say unscrupulous employment agencies plunge helpers into debt and withhold their passports, while local restrictions such as requiring maids to live with their employers, often in tiny rooms, make it difficult to escape abuse.

In September 2016 hundreds of maids marched through Hong Kong after several helpers fell to their deaths as they tried to clean windows.

In 2015 employer Law Wan-tung was jailed for beating and starving her Indonesian helper.

Myanmar began sending domestic workers to the city in 2014.

But most returned home within months and the government later banned its women from working in Hong Kong over abuse concerns. — AFP

GOCC Nov. subsidies fall sharply to P5.96 billion

SUBSIDIES for government-owned and -controlled corporations (GOCCs) declined 58.12% year on year to P5.961 billion in November, according to Bureau of the Treasury (BTr) data.

The November total was 41.99% lower compared with October.

Eighteen out of the 49 GOCCs received subsidies last month, lower than the 20 recipients in November 2016, but more than October’s 12.

The Philippine Health Insurance Corp., or PhilHealth, took in the largest amount that month at P2.97 billion, or about half of the total.

The National Electrification Administration received subsidies worth P1.16 billion.

Other state-run firms that received financial help from the government are the National Irrigation Administration (NIA), and the Philippine Crop Insurance Corp., with P694 million and P600 million worth of subsidies, respectively.

For the 11-month period, subsidies rose 1.77% year on year to P99.861 billion, equivalent to 66.6% of the subsidy budget of P152.22 billion for the year.

PhilHealth tops the year-to-date subsidy list at P34.12 billion, or 34.17% of the total, followed by NIA at P26.27 billion, or 26.31%, and the National Housing Authority at P12 billion, or 12.02%. — Elijah Joseph C. Tubayan

Arrest warrant for mayor with a grenade at home

THE Regional Trial Court (RTC) of Sultan Kudarat Branch 19 issued on Wednesday, Dec. 27, a warrant of arrest against Palimbang, Sultan Kudarat Mayor Abubakar P. Maulana for violation of Republic Act 9516 or the Unlawful Possession of Explosives, a non-bailable offense. Department of Justice Secretary Vitaliano Aguirre II was furnished a copy of the warrant of arrest for the immediate issuance of a hold departure order against the mayor. In a raid last October, the police found a fragmentation grenade at the residence of Mr. Maulana. — Minde Nyl dela Cruz

Hong Kong welcomes the New Year

THE NEW YEAR Countdown Celebration at Hong Kong has become one of the biggest and most remarkable countdowns across Asia. Organized by the Hong Kong Tourism Board (HKTB), the Hong Kong New Year Countdown Celebrations 2018 will be launched at the Victoria Harbour on New Year’s Eve. This year’s Musical Fireworks event will be grander and even more impressive with new effects displayed from award-winning fireworks.

Two key highlights of this year’s Countdown Celebrations include a musical fireworks display over the Victoria Harbour, and performances that take place at the Tsim Sha Tsui Star Ferry Pier. Presented in an unprecedented scale, the 10-minute pyrotechnic extravaganza will feature a rainbow of fireworks cascading from various heights around the Victoria Harbour.

Fireworks by an award-winning European fireworks maker will be used for the first time to create a breathtaking visual effect in which Hong Kong’s skyline will be illuminated by “Magical Star Dusts” inspired by dancing fairies scattering magical star dust over Victoria Harbour, signifying New Year’s blessings to the city.

A performance from Australian group Strange Fruit will be presented starting at 10 p.m. at the Tsim Sha Tsui Pier. The performers will sway and dance on gigantic (two meters in diameter) orbs on five-meter poles, delivering an exotic feat incorporating theatrical and circus entertainments.

The audience will also get a chance to “make a wish” upon the pyrotechnic “shooting stars” presented in four different colors, which symbolize love, health, happiness, and wealth. The sparkling stars will be launched every 15 minutes from 11 p.m. onwards from the rooftops of five participating buildings on Hong Kong Island: the CITIC Tower, Harbour Centre, Harcourt House, the Queensway Government Offices, and Revenue Tower.

The Hong Kong New Year Countdown Celebrations can be viewed from a number of spots across Hong Kong and Kowloon. The best vantage points in Tsim Sha Tsui are the Tsim Sha Tsui Promenade and the Hong Kong Cultural Centre Open Piazza. The best vantage points on Hong Kong side are the Central Harbourfront, Central Piers 9 and 10, and Bauhinia Square in Wanchai.