Policy Affairs

Apart from advising on the legality of policies established by the government, the sub-division also assists in formulating and promoting policy, particularly in relation to the legal system and the legal profession. The sub-division assists the legal profession in exploring the opportunities brought by the Hong Kong SAR’s participation in the global trade system under the World Trade Organization as well as regional trade agreements as well as other initiatives under the auspices of the Asia-Pacific Economic Cooperation.

Where the Secretary for Justice has responsibility for a particular piece of new legislation, counsel in the sub-division will take an active part in the preparation of the Bill and its presentation to the Executive and Legislative Councils. This will often involve extensive consultation with stakeholders in the matter, both inside and outside the government.

Apart from preparing and promoting new legislation, the work of the sub-division includes advising on:

• petitions from prisoners seeking remission of sentences or referral of their cases to the Court of Appeal or Court of First Instance
• petitions to the Chief Executive under Articles 48(12) and 48(13) of the Basic Law
• statutory appeals to the Chief Executive or the Chief Executive in Council made by members of the public
• statutory appeals or representations from civil servants
• the Chief Executive's decisions on whether to order the surrender of fugitives pursuant to the requests of other jurisdictions
• applications for statutory or ex gratia compensation due to miscarriage of justice.
• legal proceedings (or potential legal proceedings) on non-refoulement matters referred by the Torture Claims Appeal Board / Non-refoulement Petition Office.

The sub-division is also responsible for advising the government on the powers and procedures of the Legislative Council.

China law

The sub-division addresses the need for input on Mainland law issues and comments on draft arrangements to be entered into between Hong Kong and Mainland authorities. In addition, the sub-division works closely with the legal profession in seeking greater access to the legal services market in the Mainland under the framework of CEPA and in promoting Hong Kong’s legal and dispute resolution services in the Mainland. These promotional events include the biennial Hong Kong Legal Services Forum as well as seminars held in the context of the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Greater Bay Area development.

The sub-division discusses with the Mainland authorities on a range of arrangements on mutual legal assistance in civil and commercial matters. The sub-division also organises training programmes to facilitate Mainland officials to have a better understanding of Hong Kong's legal system and arranges the summer attachment programme for Hong Kong law students in the Mainland.

In addition to pursuing closer legal cooperation with the Mainland, the sub-division also explores ways to strengthen closer cooperation with our counterparts in Macao and Taiwan.