Hong Kong 2006
 GO
Chapter 2:
The Legal System
Introduction
Continuation of the Legal System
Law in the HKSAR
International Treaties and Agreements applying to the HKSAR
Court Challenges under the Basic Law
Arbitration and Alternative Dispute Resolution
The Secretary for Justice
The Law Reform Commission
The Legal Profession
The Judiciary
Legal Aid
Director of Intellectual Property
Rights of the Individual
United Nations Human Rights Treaties
Race Relations
Children's Rights
Equal Opportunities Commission
The Privacy Commissioner for Personal Data
Home Pages
Traditional Chinese Simplified Chinese
Table of Contents Constitution and Administration The Legal System The Economy Financial and Monetary Affairs Commerce and Industry Employment Education Health Food Safety, Environmental Hygiene, Agriculture and Fisheries Social Welfare Housing Land, Public Works and Utilities Transport The Environment Travel and Tourism Public Order Communications, the Media and Information Technology Religion and Custom Recreation, Sport and the Arts Population and Immigration History Appendices PRINT
The Secretary for Justice

The Secretary for Justice heads the Department of Justice, and is the Chief Executive's legal adviser and a member of the Executive Council. The Secretary for Justice chairs the Law Reform Commission and the Legal Practitioners' Liaison Committee, is the Deputy Chairman of the Fight Crime Committee, and is a member of the Judicial Officers Recommendation Commission and the Operations Review Committee of the Independent Commission Against Corruption.

The Secretary for Justice is the representative of the HKSAR Government in all actions brought by, or against, it and is also responsible for the drafting of all government legislation.

The Secretary for Justice is responsible for all prosecutions in the HKSAR, with responsibility for deciding whether a prosecution should be instituted in any particular case, and, if so, for instituting and conducting the prosecution.

The Department of Justice provides legal advice to all government departments and bureaux. It has five law divisions, each headed by a Law Officer to whom the Secretary for Justice delegates certain powers and responsibilities.

The Civil Division, headed by the Law Officer (Civil Law), provides legal advice to the Government on civil law, drafts commercial contracts and franchises and conducts civil litigation, arbitration and mediation, on behalf of the Government.

The International Law Division, headed by the Law Officer (International Law), advises the Government on issues relating to public international law. This division's lawyers participate in the negotiation of agreements and arrangements with other jurisdictions and, as members of the Chinese delegation, at the Hague Conference on Private International Law. The division also handles requests to and from the HKSAR for international legal cooperation.

The Law Drafting Division, headed by the Law Draftsman, drafts all legislation, including subsidiary legislation, and assists in steering legislation through the Executive and Legislative Councils. It also compiles the loose-leaf edition of the Laws of Hong Kong and maintains the computer database of Hong Kong's legislation, which is freely available on the Internet.

The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division provides legal policy input on a wide variety of topics being considered by the Government, and advises on issues affecting the administration of justice, human rights, constitutional law, Mainland law and the Basic Law.

The Director of Public Prosecutions heads the Prosecutions Division. This division's counsel conduct most criminal appeals, including those to the Court of Final Appeal, and the majority of trials in the Court of First Instance and the District Court. When necessary, they prosecute in the Magistrates' Courts. The division also provides legal advice to law enforcement agencies and other government departments.

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