The Civil Division comprises the following:

• The Civil Litigation Unit
• The Civil Advisory Unit
• The Commercial Unit
• The Planning, Environment, Lands & Housing Unit
• The Alternative Dispute Resolution Unit
• Legal Advisory Division (Works) (under the Development Bureau)

The Division’s major roles and responsibilities are:

Legal Advice

• Providing legal advice to all Government bureaux and departments on a wide spectrum of civil law matters, including:
  • public and administrative law
  • statutory interpretation (e.g. exercise of powers and discretion of the Government officials, law enforcement and regulatory powers)
  • revenue matters (e.g. tax, public finance, Government rent and rates)
  • contract, tort and civil liability
  • civil service and disciplinary inquiries
  • immigration matters
  • company, banking, insurance, securities and futures
  • competition law
  • telecommunications and broadcasting matters
  • access to information and protection of personal data
  • civil aviation, marine and transport matters
  • employment, education, social welfare and family matters
  • public health, conservation and environmental protection
  • town planning and land matters
  • building and building management matters
• Acting as legal advisers to statutory boards and committees, e.g. the Liquor Licensing Board, Pharmacy and Poisons Board and its Disciplinary Committee, and advising on the conduct of their proceedings and exercise of their statutory powers.
• Acting as the Police Legal Adviser to provide legal advice on their powers and duties, disciplinary proceedings, drafting and implementation of the Police General Orders, etc

Litigation

• Representing the Government in legal proceedings instituted by or against the Government at all levels of court and statutory boards and tribunals, and in dispute resolution such as by way of mediation and arbitration, including the following types of cases:
  • judicial review (including constitutional and human rights challenges)
  • immigration related proceedings (including non-refoulement claims)
  • personal injuries and employees’ compensation
  • medical and other medico-related professional disciplinary inquiries (e.g. Medical Council and Dental Council inquiries)
  • death inquests
  • revenue appeals (e.g. tax, stamp duty, rating and Government rent)
  • land related disputes
  • land resumption compensation claims
  • town planning appeals
  • building appeals
  • environmental protection disputes
  • other statutory appeals (e.g. Administrative Appeals and Municipal Services Appeals)
  • commercial and contractual disputes
  • miscellaneous civil claims and enforcement proceedings (e.g. recovery of debts and damages claims)
• Providing legal support to public inquiries (e.g. Commission of Inquiry proceedings).
• Instituting or intervening in legal proceedings involving the Secretary for Justice’s constitutional, statutory and common law role (e.g. as guardian of the public interest in contempt cases and as the protector of charities).

Commercial Contracts

Advising on Government’s own commercial activities and regulation of many commercial activities (e.g. electricity), including drafting and vetting of contracts for the acquisition or procurement of goods and services, tender documents, consultancy briefs and agreements, and assisting the Government in contract negotiations.

Legislation

Assisting and advising Government bureaux and departments in preparing draft drafting instructions to the Law Draftsman on new legislative proposals and amendments, and commenting and advising on civil law issues arising from the draft bills.

Construction

The Legal Advisory Division (Works) under the Development Bureau, supported by Counsel of the Division, advises Government bureaux and departments on tenders and contracts of public works and handles the dispute resolution processes (e.g. mediation and arbitration) of construction claims.

Alternative Dispute Resolution

Formulating policy, advising the Government, and implementing initiatives to promote and develop Hong Kong’s dispute resolution services locally, within the Greater Bay Area (GBA), and internationally, including:

• Monitoring the operation of dispute resolution-related legislation (e.g., Arbitration Ordinance, Mediation Ordinance and Apology Ordinance) and advising on regulatory frameworks
• Providing legal advice and training to Government bureaux and departments regarding the wider use of dispute resolution, including the implementation of the policy on incorporation of mediation clauses in Government contracts
• Implementing cross-boundary and GBA integration initiatives, such as the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and HKSAR and its Supplemental Arrangement, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of HKSAR, the GBA Arbitrator Panel, the GBA Mediator Panel the GBA Mediation Platform
• Developing and promoting the use of arbitration and mediation in sector-specific disputes (e.g., sports, maritime and intellectual property)
• Organising and supporting major local and international promotional and capacity-building events (e.g., Mediate First Pledge, Mediation Week, Hong Kong Legal Week and Belt and Road Summit
• Providing secretariat support to relevant advisory bodies, such as those on Third Party Funding and Outcome Related Fee Structures for Arbitration
• Supporting the Legal Enhancement and Development Office in its overarching policy to showcase and strengthen Hong Kong’s position as an international legal and dispute resolution centre

Key Publications

The Division publishes "The Judge Over Your Shoulder – A Guide to Judicial Review for Administrators" (with its Fourth Edition issued in May 2022). It provides an overview and development on the law on judicial review in recent years and facilitates better understanding of the principles relating to good governance and administration amongst Government officials as well as the general public.

Further, the Commercial Unit of the Division publishes "Commercial Law Review" (around half-yearly). It aims to review commercial law matters which may be of relevance or interest through its concise, topical and practical articles and case-law notes.

Expression of Interest to Undertake Government Civil Work

The Civil Division invites junior counsel and solicitor advocates who have more than 5 years' experience (in case of solicitor advocates, counting from the date of acquiring higher rights of audience) to express interest in undertaking civil matters on behalf of the Government. Those who are interested should complete the Expression of Interest Form (Junior Counsel / Solicitor Advocate) and submit it, together with a copy of their curriculum vitae, to https://eform.cefs.gov.hk/form/doj006/en/. If you have registered your “iAM Smart+” account with digital signing function, you may submit the Expression of Interest Form via https://eform.cefs.gov.hk/form/doj010/en/ (Junior Counsel) or https://eform.cefs.gov.hk/form/doj012/en/ (Solicitor Advocate).

In case of enquiries, please contact Ms Karissa Wai, Executive Officer (Civil Division) 3, by phone at 3918 4439 or by email at karissawai@doj.gov.hk.