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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