Description

An Overview

The Secretary for Justice is appointed by the Central People's Government upon nomination by the Chief Executive of the Hong Kong Special Administrative Region. The Secretary for Justice is the principal legal adviser to the Chief Executive, to the government and to individual government departments and agencies. The incumbent Secretary has been appointed to the Executive Council. In addition to his duties and responsibilities in relation to the conduct of criminal proceedings, the Secretary for Justice is the defendant in all civil actions brought against the government.

Before 1 July 1997, the post of Secretary for Justice was called Attorney General.

Please click here for the biography of the Secretary for Justice, Mr Wong Yan Lung, SC, JP.

The Role of the Secretary for Justice

Information source: Departmental Report - "Department of Justice 2008"

The Department of Justice is headed by the Secretary for Justice, who fulfils a wide range of duties. Chief among these is to act as the principal legal adviser to the Chief Executive, to the Government and to individual Government bureaus, departments and agencies. The Secretary for Justice is also a member of the Executive Council.

The decision to prosecute criminal offences is the sole responsibility of the Secretary for Justice who in this respect operates independently, free from any interference. The Secretary for Justice is also the defendant in all civil actions brought against the Government and represents both the Government and the public interest in the courts.

As guardian of the public interest in a wider sense, the Secretary for Justice may make application for judicial review to enforce public legal rights. The Secretary has a right to intervene in any case involving a matter of great public interest. The Secretary represents the public interest as counsel to tribunals of inquiry. The Secretary is the Protector of Charities and must be joined as a party in all actions to enforce charitable or public trusts. The Secretary for Justice also has a more general public interest role as amicus curiae (literally, friend of the court), the most important example of which is bringing alleged contempts of court to the notice of the courts.

Amongst many other functions, the Secretary for Justice is Chairman of the Legal Practitioners' Liaison Committee and the Law Reform Commission, Vice-Chairman of the Fight Crime Committee, and serves on the Chief Secretary for Administration's Policy Committee, the Judicial Officers Recommendation Committee and the ICAC's Operations Review Committee.

The Secretary for Justice's Office

Information source: Departmental Report - "Department of Justice 2008"

The Secretary for Justice's Office provides legal and administrative support in respect of the Secretary for Justice's many functions. This includes assisting the Secretary in all matters related to the Executive and Legislative Councils, be it the promotion of legislation or providing answers to legislators' questions. Members of the Office ensure that the Secretary is fully briefed on the issues which arise, assist in the analysis of those issues, and help to prepare speeches and responses.

Information and public relations

The department considers part of its role is to promote understanding in the community of Hong Kong's legal system. To that end, the Public Relations and Information Unit of the Secretary for Justice's Office provides information to the public and the media about the work of the department through press releases, press conferences, and arranging for counsel to give media interviews and participate in TV and radio public affairs programmes. Arrangements are also made for counsel to contribute articles to newspapers on a variety of law-related issues. The unit also co-ordinates the preparation and distribution of educational materials and publications to introduce aspects of Hong Kong's legal system and foster commitment to the rule of law.