Department of Justice - Organisation chart of the International Law Division

The International Law Division comprises the Treaties & Law Unit and the Mutual Legal Assistance Unit. It has three important roles: it provides legal advice on public international law to the Government; it negotiates international agreements, or provides legal advisers for such negotiations; and it handles requests for legal co-operation between the HKSAR and other jurisdictions.

47th Floor, High Block, QGO

Treaties & Law Unit
Enquiries: 2867 2708
Fax : 2877 2130

Mutual Legal Assistance Unit
Enquiries: 2867 4748
Fax: 2523 7959

Organisation Chart of International Law Division

Description

The subjects on which the Treaties & Law Unit gives advice include international trade law, privileges and immunities, civil aviation and maritime matters, international labour conventions, human rights, environment and health, visa abolition and outer space. The unit also advises on the drafting and interpretation of co-operative agreements and arrangements which range from customs and police co-operation to cultural and education co-operation. The Mutual Legal Assistance Unit also performs an advisory role in relation to aspects of international criminal law and international legal co-operation in criminal matters. In addition, the division advises on the enactment of legislation to implement international agreements in the HKSAR. Subject matters include anti-terrorism, United Nations Security Council Resolutions, marine pollution, surrender of fugitive offenders and mutual legal assistance in criminal matters.

Counsel in the division negotiate agreements on behalf of the HKSAR with foreign countries on the surrender of fugitive offenders, mutual legal assistance in criminal matters and the transfer of sentenced persons. The HKSAR has concluded nearly 50 agreements on these three areas.

Apart from conducting negotiations, counsel in the division also provide legal support in bilateral negotiations as part of the HKSAR delegation. The subject matter of negotiations includes air services, avoidance of double taxation, customs co-operation, regional trade agreements, agreements on investment promotion and protection and visa abolition. The total number of bilateral agreements to which the HKSAR is party now extends to well over 150.

These agreements provide for the rendering of assistance in relation to the investigation and prosecution of crimes, and proceedings related to criminal matters. The types of assistance include taking evidence, executing requests for search and seizure, producing documents and confiscating the proceeds of crime.

The parties to an agreement for the surrender of fugitive offenders undertake to surrender to each other, subject to conditions, persons who are accused of serious offences, or who have absconded after conviction. The conduct constituting the crime must be criminal according to the laws of both parties. These agreements help to prevent the HKSAR from becoming a haven for criminals from abroad and facilitate the return to the HKSAR of criminals who have fled overseas.

These agreements enable foreign nationals serving a sentence of imprisonment in the HKSAR to return to their home country to serve out the remainder of their sentence. Similarly, people from the HKSAR who are serving sentences of imprisonment imposed in foreign jurisdictions may apply to return to the HKSAR to serve the balance of their sentences here.

Air services agreements provide the framework for scheduled air services to operate between the HKSAR and its bilateral partners. They are negotiated on the basis of a balanced exchange of air traffic rights. Negotiations have also taken place to provide for overflight agreements with appropriate countries. The HKSAR has concluded over 60 air services agreements with other jurisdictions.

These agreements and arrangements provide for the avoidance of double taxation of persons carrying on cross-border economic activities. The agreements and arrangements may relate to specific income (such as income from international air and maritime traffic), or may provide for comprehensive double taxation avoidance. The HKSAR has entered into both comprehensive double taxation agreements and agreements in respect of shipping and air services income, and has commenced negotiations with a number of countries for the conclusion of comprehensive agreements.

An investment promotion and protection agreement creates favourable conditions for greater investment by investors of one contracting party in the area of the other. Such an agreement includes provision for the investments of each party to be accorded fair treatment with no discrimination, and for compensation to be paid for losses caused by revolution, national emergency or riot.

These agreements and arrangements provide for mutual dispensation of visa requirements and facilitate travel between the HKSAR and the other jurisdiction. These arrangements are especially important for businessmen and tourists. There are over 130 agreements and arrangements which enable holders of HKSAR passports to enjoy visa-on-arrival or visa-free access to other jurisdictions.

Counsel in the division participate in international meetings and diplomatic conferences held by international organisations. Counsel may form part of the "Hong Kong, China" delegation, as in the case of the WTO of which the HKSAR is a member. They may also be members of the PRC delegation, as in the case of the Hague Conference on Private International Law, where membership is limited to states.

Very often these meetings and conferences discuss the drafting and conclusion of multilateral agreements or matters arising from their implementation. Currently, over 200 multilateral treaties apply to the HKSAR.

The Mutual Legal Assistance Unit discharges the responsibilities of the Central Authority of the HKSAR for the purposes of mutual legal co-operation in criminal matters. The unit co-ordinates and processes requests to and from the HKSAR for the surrender of fugitive offenders and for mutual legal assistance; and advises the Government on applications for the transfer of sentenced persons to and from the HKSAR. The unit also handles letters of requests from overseas jurisdictions pursuant to the Evidence Ordinance (Cap 8).

The Mutual Legal Assistance Unit provides legal support to the Commissioner for Narcotics in relation to the HKSAR's participation in the FATF as a full member, under the name "Hong Kong, China". Counsel attend international meetings of the FATF as necessary and have acted as expert legal assessors in mutual evaluations of fellow members' implementation of anti-money laundering and counter-terrorist financing standards.

Counsel in the division contribute to maintaining the HKSAR's international profile by regularly speaking and participating in regional and international seminars organised by other Governments and international organisations. Counsel also frequently conduct briefings for local and overseas law enforcement agencies on mutual legal assistance matters and deliver papers in the field of international co-operation in criminal matters such as asset recovery and other forms of mutual legal assistance.