To help drive the Department of Justice (DoJ)’s policy initiatives, DoJ has established the Legal Enhancement and Development Office (LEAD Office) under the direct steer of the Secretary for Justice (SJ).

The LEAD Office takes on the role as the central policy unit of DoJ and will assist SJ in formulating and taking forward policy initiatives effectively. Specifically, the LEAD Office will render high-level strategic support to SJ and Deputy SJ, and assist in the formulation, co-ordination and implementation of policy initiatives in three major areas, namely:

(a) Strengthening the coordination of rule of law education and training of advocacy leaders;
(b) Promoting the strengths of and opportunities for Hong Kong’s legal and dispute resolution services on all fronts; and
(c) Deepening the integration of legal practices between Hong Kong and the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) and promoting the wider use of mediation in the GBA.

Serving as a bridge for enhancing DoJ’s communication and collaboration both internally and externally, the LEAD Office will optimise co-ordination and co-operation among the divisions within DoJ, while promoting exchanges and collaboration with Government departments and stakeholders from various sectors of the community.

The establishment of the LEAD Office would echo the important speech of President Xi Jinping delivered at the celebration of the 25th Anniversary of the Establishment of the Hong Kong Special Administrative Region (HKSAR) cum Inaugural Ceremony of the Sixth-term Government of the HKSAR on 1 July 2022, in that DoJ will further improve our governance system, governance capability and governance efficacy, proactively create strong impetus for growth of the legal and dispute resolution services sector and dovetail with the national strategies, including the National 14th Five-Year Plan, the development of the GBA and the Belt and Road Initiative.

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Expert Advisory Group on Legal and Dispute Resolution Services

The Department of Justice has, on 4 October 2024, established the Expert Advisory Group on Legal and Dispute Resolution Services (“EAG”). Under the direct steer of the Secretary for Justice, the EAG renders advice on matters related to Hong Kong as an international centre for legal and dispute resolution services.

The EAG subsumes the functions of the Steering Committee on Mediation and the Advisory Committee on Promotion of Arbitration the terms of which ended in December 2023 and March 2024 respectively.

Please click here for the Terms of Reference and Membership of the EAG.

Incorporation of Mediation Clauses in Government Contracts

The Department of Justice (“DoJ”) has been committed to promoting and developing the legal and dispute resolution services of Hong Kong, including promoting the wider use of mediation as an effective alternative dispute resolution means. Under the policy initiative to deepen the mediation culture in Hong Kong, the Government would take the lead to incorporate mediation clauses in government contracts and encourage private organisations to make reference to and adopt similar clauses in their contracts.

To take forward the initiative, DoJ issued the Policy Statement on the Incorporation of Mediation Clauses in Government Contracts (the “Policy Statement”) on 6 November 2024. By virtue of the Policy Statement, the Government will, as a matter of general policy, incorporate a mediation clause in government contracts (“Policy”). The mediation clause signifies the parties’ agreement to use mediation to resolve disputes first before resorting to arbitration or litigation. The Policy takes effect on 6 February 2025.

Policy Statement on the Incorporation of Mediation Clauses in Government Contracts

To complement the implementation of the Policy, DoJ has prepared a mediation clause for incorporation in government contracts and, after consultation, a set of tailor-made mediation rules – “The Government of the Hong Kong Special Administrative Region Mediation Rules”.

Mediation clause

  1. The Parties shall first refer any dispute or difference arising out of or in connection with the Contract to mediation in accordance with The Government of the Hong Kong Special Administrative Region Mediation Rules prevailing at the time.
  2. If the said dispute or difference is not settled by mediation according to [paragraph (1) above], a Party may institute litigation in respect of the said dispute or difference. The Parties agree that the courts of Hong Kong shall have exclusive jurisdiction in respect of the said dispute or difference.

Mediation Rules

The Government of the Hong Kong Special Administrative Region Mediation Rules (2025 Edition)

Please click here for more information about mediation and DoJ’s other policies on promoting mediation.