The Department of Justice is effectively the largest law practice in Hong Kong.  Its principal function is to provide legal advice and legal services to The Government of the Hong Kong Special Administrative Region (the Government).  The Department is headed by the Secretary for Justice, who is the principal legal adviser to the Chief Executive, the Government and individual government departments (including various law enforcement agencies).  The Department comprises the Secretary for Justice's Office and six divisions as follows:

• Civil Division
• Constitutional and Policy Affairs Division
• International Law Division
• Law Drafting Division
• Prosecutions Division
• Administration and Development Division

Each division is headed by a Law Officer while the Administration and Development Division is headed by the Director of Administration and Development.

• To apply, promote and enhance the rule of law and the efficient and effective administration of justice in conjunction with the Judiciary and the legal profession
• To ensure an effective and efficient service to our clients, the Department of Justice has pledged to:
  1. maintain the highest standards of professional excellence and ethics;
  2. make known as clearly as possible to clients the legal impediments, implications and obligations in respect of any proposed course of action; and
  3. abide by the standards required of the legal profession by law or the professional bodies

(A) IN GENERAL

• To reply to all correspondence which does not require a legal opinion, with the Government or outside bodies, within 10 calendar days. An interim reply will be given if a substantive reply is not possible within this period.
• To acknowledge receipt of a written complaint in writing no later than 10 calendar days and to provide a substantive reply within 30 calendar days after receipt of a complaint. For complicated cases requiring longer processing time, to provide an interim reply if a substantive reply cannot be made within 30 calendar days.
• To implement the official language policy in the operation of the Department

(B) SECRETARY FOR JUSTICE'S OFFICE

The Secretary for Justice’s Office provides support to the Secretary for Justice and the Deputy Secretary for Justice in respect of their many functions.

Our pledge is :

• To provide the required briefing, advice, speech or response within the deadline imposed by the event for which it is required

(C) BY DIVISION

CIVIL DIVISION

The Division advises the Government on civil matters, undertakes civil litigation and dispute resolution (including non-construction arbitration and mediation) and drafts contracts, licences and franchises on various commercial matters.

Our pledge are :

• To acknowledge receipt of instructions/request for advice and to advise the client department of the counsel to whom the matter has been assigned within 7 working days of the receipt of the instructions/request
• If the matter should more appropriately be dealt with by another Division or Unit, to refer the matter to that Division or Unit and inform the client department within 7 working days
• To report on the major progress and the outcome of litigation to the client department as soon as practicable
• To handle all legal proceedings, and in particular urgent applications, without delay
• To provide legal advice within 14 working days of the receipt of the instructions/request for advice and, if that is not possible, to advise the client department of the estimated time within which the advice will be provided
• To produce draft contracts, licences and franchises within 21 working days of the receipt of the instructions/request and if that is not possible, to advise the client department as soon as practicable of the estimated time within which the drafts will be produced

CONSTITUTIONAL AND POLICY AFFAIRS DIVISION

The Division advises the Secretary for Justice and the Government Secretariat on matters raising questions of legal policy, the Basic Law, human rights and constitutional affairs, the Rules of Procedure of the Legislative Council (LegCo), and the law of the Mainland.  It also assists in formulating policy, particularly in relation to the legal system and the legal profession.  Where the Secretary for Justice has the responsibility for a particular piece of new legislation, the Division takes an active part in the preparation of the Bill and its presentation to the Executive and the Legislative Councils.  The Division advises on legal issues arising out of petitions to the Chief Executive from prisoners seeking remission of sentence, and handles public enquiries and complaints.

Our pledges are :

• To advise on matters raising questions of legal policy, LegCo Rules of Procedure, constitutional and public law of average complexity within 14 working days of receipt of the request
• To advise on human rights questions of average complexity within 14 working days of receipt of the request
• To advise on issues of average complexity relating to the laws and legal system of the Mainland within 14 working days of receipt of the request
• To advise on issues of average complexity relating to the Basic Law within 14 working days of receipt of the request
• To advise on constitutional development and electoral law issues of average complexity within 14 working days of receipt of the request
• To remain responsive to the need to make improvements in respect of the legal system and legal profession and to promote any necessary legislation to bring about such improvements

INTERNATIONAL LAW DIVISION

The Division advises the Government on international law issues. It conducts negotiations for international agreements, or participates as part of the Chinese or HKSAR delegation in such negotiations or other international conferences, as the case may be. It also handles requests for international legal co-operation.

Our pledges are :

• To provide legal advice to government departments and bureaux within 14 working days of receipt of requests for advice and in complex cases to provide an interim reply within 14 working days with an estimated time within which the advice will be provided
• To respond within 10 working days to enquiries from members of the public concerning the work of the Division
• To provide substantive response to requesting parties within 14 working days of receipt of requests for mutual legal assistance and in complex cases to provide an interim reply within 14 working days with an estimated time within which a substantive response will be provided
• To respond positively and appropriately to requests for speeches, attendance at seminars, training sessions and briefings on the work of the Division

LAW DRAFTING DIVISION

The Division produces all legislation proposed by the Government.  All new legislation is now drafted and enacted in both English and Chinese.  Apart from drafting legislation for the Government, the Division is responsible for vetting draft legislation prepared by outside bodies.  In addition, the Division is responsible for updating the consolidated legislation of Hong Kong. This is mainly done through the Hong Kong e-Legislation website which gives the public timely access to the consolidated legislation free of charge.

Our pledges are :

• To complete the drafting process (i.e. from the date of receipt of finalised drafting instructions to the date of issue of the final draft) within the time limit agreed within the Administration
• To produce bilingual drafts for all ordinances and subsidiary legislation
• To complete the vetting of draft legislation prepared by outside bodies within 28 days of receipt of the request and, if that is not possible, to advise the outside bodies of the estimated time within which the vetting will be completed

PROSECUTIONS DIVISION

The Division advises law enforcement agencies in relation to criminal matters and exercises on behalf of the Secretary for Justice the discretion of whether or not to bring criminal proceedings, in accordance with Article 63 of the Basic Law.  It also has conduct of all criminal cases in the courts of Hong Kong.

Our pledges are :

• To apply the Prosecution Code of the Department of Justice in relation to criminal proceedings
• To give thorough consideration to all matters relevant to the making of decisions in relation to the institution and conduct of criminal proceedings
• Upon the receipt of a request from a law enforcement agency for legal advice, to provide such advice within 14 working days, and in more complex cases to provide an interim reply within 14 working days with an estimated time within which the advice will be provided; for requests from Complaints Against Police Office of the Police, to provide information about court proceedings within 14 days after all materials are available upon completion of those proceedings
• To provide legal advice in matters connected with court cases within the time limit set by the courts
• To prepare and file indictments in the Court of First Instance within 7 days of committal of the accused in the Magistracy
• To prepare and deliver charge sheets to the Registrar of the District Court within 14 days after the date of the order of transfer of the case from the Magistracy to the District Court
• To rigorously comply with our obligation to make full and proper disclosure of material to the defence in criminal proceedings and in particular to abide by agreements reached with the Hong Kong Bar Association and the Law Society of Hong Kong in respect of the service of documents
• To inform victims of crime of the decision not to prosecute, and to attend to their enquiries, in accordance with the Victims of Crime Charter
• To reply to enquiries on matters related to prosecution policy or decision within 14 working days of receipt of such enquiries, and to issue an interim reply if a substantive reply is not available within this period

ADMINISTRATION AND DEVELOPMENT DIVISION

The Division provides support services in human and financial resources management, general administration, training and information technology.  It also maintains a Law Library which has one of the most extensive legal research collections in Hong Kong.

Our pledge is :

• To provide efficient services to our colleagues in the Department of Justice and positively co-operate with all parts of the Government and other concerned parties

We are committed to doing our best to meet our performance standards and targets. The adherence to the published standards will be monitored by the senior management from time to time with a view to bringing improvements to our services.

We welcome comments or suggestions on the way in which our services are provided.  If you wish to comment, make a suggestion or seek an explanation, you may make use of our public enquiry number at 3702 4100 during office hours.  You are also welcome to contact one of the officers listed below or simply fax/e-mail your message to the appropriate officer direct.

Department of Justice
November 2021