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. The department consists
of the Secretary for Justice's Office and six divisions, five of
which are each headed by a Law Officer to whom the Secretary for
Justice delegates certain powers and responsibilities. The remaining
division, headed by the Director of Administration and Development,
handles departmental administration. The Secretary for Justice's
Office provides legal and administrative support in respect of the
Secretary for Justice's many functions.
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 division
also provides counsel to the Market Misconduct Tribunal.
The International Law Division, headed by the
Law Officer (International Law), advises the Government on issues
relating to public international law. Lawyers in this division also
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,
is responsible for drafting all legislation, including subsidiary
legislation, in Chinese and English, and assists in steering legislation
through the Executive and Legislative Councils. It is also responsible
for compiling the loose-leaf edition of the Laws of Hong Kong and
for maintaining the computer database of Hong Kong's legislation
known as the Bilingual Laws Information System (BLIS), 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 input — with emphasis on legal policy values
— on a wide variety of topics being considered by the Government,
and also advises on issues affecting the administration of justice,
human rights, constitutional law, China law and the Basic Law.
The Prosecutions Division is headed by the Director
of Public Prosecutions. Counsel from this division conduct most
criminal appeals, including those to the Court of Final Appeal.
They also conduct the majority of trials in the Court of First Instance
and the District Court and, when necessary, they prosecute in the
Magistrates' Court. The division also provides legal advice to law
enforcement agencies and other government departments.
In order to enhance civil servants' understanding
of the Basic Law, the Civil Service Training and Development Institute
(CSTDI) has been organising regular seminars on the subject since
1995. Besides university lecturers and officers from relevant government
departments, counsel from the Department of Justice have also participated
as speakers at these seminars. Specific training courses for particular
bureaux and departments are arranged as necessary. The Basic Law
is also covered in the curriculum of some China studies courses
organised by the institute, such as the foundation course taught
at the Tsinghua University in Beijing.
Since 2001, the Basic Law Bulletin has
been published on a regular basis in order to promote greater awareness
and knowledge of the Basic Law among civil servants. The Bulletin
is edited by the Legal Policy Division and is jointly published
by the department, the Civil Service Bureau and the Constitutional
Affairs Bureau.
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