The Civil Division comprises the following:
The Division’s major roles and responsibilities are:
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.
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.
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.
The Mediation Team (under the Planning, Environment, Lands & Housing Unit of the Division) is responsible for implementing major initiatives in the promotion and development of mediation services in Hong Kong, including supporting the work of the Steering Committee on Mediation chaired by the Secretary for Justice with members from different sectors of the community. The Team also provides support to the Inclusive Dispute Avoidance and Resolution Office which is responsible for coordinating the promotion of different legal and dispute resolution services.
The Arbitration Team (under the Planning, Environment, Lands & Housing Unit of the Division) is responsible for the promotion of arbitration, including the formulation of (a) appropriate policies on the law of arbitration; and (b) effective strategies and measures on promoting and developing Hong Kong’s arbitration services. Through the coordination and organisation of promotion activities both in Hong Kong and elsewhere, the Arbitration Team also provides support to the Inclusive Dispute Avoidance and Resolution Office in promoting Hong Kong as a centre for international legal and dispute resolution services in the Asia-Pacific region and under the Belt and Road Initiative.
The Division publishes "The Judge Over Your Shoulders – A Guide to Judicial Review for Administrators" (with its Third Edition issued in May 2019). 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.
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 (Barrister / Solicitor Advocate) and submit it, together with a copy of their curriculum vitae, to https://eform.one.gov.hk/form/doj006/en/.
In case of enquiries, please contact Mr. Jason Leung, Executive Officer (Civil Division) 3, by phone at 3918 4439 or by email at firstname.lastname@example.org.