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 five law divisions, each headed
by a Law Officer to whom the Secretary
for Justice delegates certain powers and
responsibilities. 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' Courts. The division
also provides legal advice to law enforcement
agencies and other government departments. |