Other useful information

The Civil Division comprises the following:

• The Civil Litigation Unit
• The Civil Advisory Unit
• The Commercial Unit
• The Planning, Environment, Lands & Housing Unit
• Legal Advisory Division (Works) (under the Development Bureau)

The Division’s major roles and responsibilities are:

Legal Advice

• Providing legal advice to all Government bureaux and departments on a wide spectrum of civil law matters, including:
  • public and administrative law
  • statutory interpretation (e.g. exercise of powers and discretion of the Government officials, law enforcement and regulatory powers)
  • revenue matters (e.g. tax, public finance, Government rent and rates)
  • contract, tort and civil liability
  • civil service and disciplinary inquiries
  • immigration matters
  • company, banking, insurance, securities and futures
  • competition law
  • telecommunications and broadcasting matters
  • access to information and protection of personal data
  • civil aviation, marine and transport matters
  • employment, education, social welfare and family matters
  • public health, conservation and environmental protection
  • town planning and land matters
  • building and building management matters
• Acting as legal advisers to statutory boards and committees, e.g. the Liquor Licensing Board, Pharmacy and Poisons Board and its Disciplinary Committee, and advising on the conduct of their proceedings and exercise of their statutory powers.
• Acting as the Police Legal Adviser to provide legal advice on their powers and duties, disciplinary proceedings, drafting and implementation of the Police General Orders, etc

Litigation

• Representing the Government in legal proceedings instituted by or against the Government at all levels of court and statutory boards and tribunals, and in dispute resolution such as by way of mediation and arbitration, including the following types of cases:
  • judicial review (including constitutional and human rights challenges)
  • immigration related proceedings (including non-refoulement claims)
  • personal injuries and employees’ compensation
  • medical and other medico-related professional disciplinary inquiries (e.g. Medical Council and Dental Council inquiries)
  • death inquests
  • revenue appeals (e.g. tax, stamp duty, rating and Government rent)
  • land related disputes
  • land resumption compensation claims
  • town planning appeals
  • building appeals
  • environmental protection disputes
  • other statutory appeals (e.g. Administrative Appeals and Municipal Services Appeals)
  • commercial and contractual disputes
  • miscellaneous civil claims and enforcement proceedings (e.g. recovery of debts and damages claims)
• Providing legal support to public inquiries (e.g. Commission of Inquiry proceedings).
• Instituting or intervening in legal proceedings involving the Secretary for Justice’s constitutional, statutory and common law role (e.g. as guardian of the public interest in contempt cases and as the protector of charities).

Commercial Contracts

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.

Legislation

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.

Construction

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.

Alternative Dispute Resolution

The Alternative Dispute Resolution Team (under the Planning, Environment, Lands & Housing Unit of the Division) is responsible for implementing major initiatives in the promotion and development of Hong Kong’s alternative dispute resolution services, mainly mediation and arbitration. The Team also provides support to the Legal Enhancement and Development Office which is responsible for coordinating the promotion of different legal and dispute resolution services.

Key Publications

The Division publishes "The Judge Over Your Shoulder – A Guide to Judicial Review for Administrators" (with its Fourth Edition issued in May 2022). 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.

Other useful information

The Constitutional and Policy Affairs Division advises government departments and bureaux on whether proposed legislation, or a particular policy, is consistent with the Basic Law, the provisions of international human rights treaties as applied to Hong Kong, and established principles underlying the legal system. It also has a specialist unit that addresses the need for input on (and promotes understanding of) Mainland Law.

The International Law Division comprises the Treaties & Law Unit and the Mutual Legal Assistance Unit. The work of the Division is of great importance in maintaining the HKSAR’s position as an international centre of finance, trade and commerce, a transport and communications hub as well as a centre for international legal and dispute resolution services in the region, and making significant contribution to such policy initiatives. The Division advises the Government on international law issues and deals with legal issues arising out of bilateral agreements and multilateral treaties that apply to the HKSAR as well as the HKSAR’s participation in international organisations and conferences. 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.

Advice

The Treaties & Law Unit advises on a wide range of international law subjects including treaty law, international trade law and international investment law, privileges and immunities, civil aviation and maritime matters, customs co-operation, international labour conventions, human rights, environment and health, visa abolition and outer space. The unit also advises on the drafting and interpretation of co-operative agreements and arrangements which range from customs and police co-operation to cultural and education co-operation. The Mutual Legal Assistance Unit also performs an advisory role in relation to aspects of international criminal law and international legal co-operation in criminal matters. In addition, the division advises on the enactment of legislation to implement international agreements in the HKSAR. The subject matter includes United Nations Security Council Resolutions, maritime matters, conservation, surrender of fugitive offenders and mutual legal assistance in criminal matters.

Negotiations

Bilateral agreements

Counsel in the division negotiate agreements on behalf of the HKSAR with foreign countries on the surrender of fugitive offenders, mutual legal assistance in criminal matters and the transfer of sentenced persons. The HKSAR has signed over 60 agreements on these three areas.

Apart from conducting negotiations, counsel in the division also provide legal support in bilateral negotiations as part of the HKSAR delegation. The subject matter of negotiations includes air services, avoidance of double taxation, customs co-operation, free trade agreements, agreements on investment promotion and protection and visa abolition. The number of these bilateral agreements to which the HKSAR is a party has been over 180.

Mutual legal assistance in criminal matters

These agreements provide for the rendering of assistance in relation to the investigation and prosecution of crimes, and proceedings related to criminal matters. The types of assistance include taking of evidence, executing requests for search and seizure, producing documents, restraining and confiscating proceeds of crime, transferring persons to give assistance and effecting service of legal process.

Surrender of fugitive offenders

The parties to an agreement for the surrender of fugitive offenders undertake to surrender to each other, subject to conditions, persons who are accused of serious offences, or who have absconded after conviction. The conduct constituting the crime must amount to an offence according to the laws of both parties. These agreements help to prevent the HKSAR from becoming a haven for criminals from abroad and facilitate the return to the HKSAR of criminals who have fled overseas.

Transfer of sentenced persons

These agreements enable foreign nationals serving a sentence of imprisonment in the HKSAR to return to their home country so as to serve out the remainder of their sentence in an environment which is free from cultural and language barriers and where they will be able to receive family support. Similarly, people from the HKSAR who are serving sentences of imprisonment imposed in foreign jurisdictions may return to the HKSAR to serve the balance of their sentences in a familiar environment and thereby enhance their prospects of rehabilitation.

Air services

Air services agreements provide the framework for scheduled air services to operate between the HKSAR and its bilateral partners. They are negotiated on the basis of a balanced exchange of air traffic rights. Negotiations have also taken place to provide for overflight agreements with appropriate countries. The HKSAR has signed over 70 air services agreements with other jurisdictions.

Avoidance of double taxation

These agreements and arrangements provide for the avoidance of double taxation of persons carrying on cross-border economic activities. The agreements and arrangements may relate to specific income (such as income from international air and maritime traffic), or may provide for comprehensive double taxation avoidance. The HKSAR has signed around 40 comprehensive double taxation agreements and agreements in respect of shipping and air services income, and has reached substantial agreement with a number of jurisdictions on comprehensive agreements.

Investment promotion and protection

An investment promotion and protection agreement creates favourable conditions for greater investment by investors of one contracting party in the area of the other. Such an agreement includes provision for the investments of each party to be accorded fair and equitable treatment with no discrimination, and for compensation to be paid for losses caused by war or other armed conflict, revolution, national emergency or riot; and for deprivation of investments. Currently, the HKSAR has signed around 20 investment promotion and protection agreements with other jurisdictions.

Visa abolition

These agreements and arrangements provide for mutual dispensation of visa requirements and facilitate travel between the HKSAR and other jurisdictions. These arrangements are especially important for businessmen and tourists. The number of agreements or arrangements which enable holders of HKSAR passports to enjoy visa-on-arrival or visa-free access to other jurisdictions is over 160.

Multilateral agreements

Counsel in the division participate in international meetings and diplomatic conferences held by international organisations. Counsel may form part of the “Hong Kong, China” delegation, as in the case of the World Trade Organization of which the HKSAR is a member. They may also be members of the Chinese delegation, as in the case of the Hague Conference on Private International Law, the United Nations Commission on International Trade Law or the International Civil Aviation Organization, where membership is limited to states.

Very often these meetings and conferences discuss the drafting and conclusion of multilateral agreements or matters arising from their implementation. Currently, over 260 multilateral treaties apply to the HKSAR.

Requests for assistance

The Mutual Legal Assistance Unit discharges the responsibilities of the Central Authority of the HKSAR for the purposes of mutual legal co-operation in criminal matters. The unit co-ordinates and processes requests to and from the HKSAR for the surrender of fugitive offenders and for mutual legal assistance; and advises the government on applications for the transfer of sentenced persons to and from the HKSAR. The unit also handles letters of requests from overseas courts or tribunals pursuant to the Evidence Ordinance (Cap. 8). On the authorization of the Secretary for Justice, the unit acts as the Central Authority of the HKSAR under the Hague Convention on the Civil Aspects of International Child Abduction and processes return and access applications to and from Convention countries in accordance with the Child Abduction and Custody Ordinance (Cap. 512). Details regarding the Convention and the related operation regime in the HKSAR are available from this link .

For information of obtaining assistance from HKSAR in criminal cases, please refer to Guidelines for Making Applications under the Mutual Legal Assistance in Criminal Matters Ordinance (Chapter 525, Laws of Hong Kong) and Guide to Asset Recovery in the Hong Kong Special Administrative Region.

Other work

Financial Action Task Force Against Money Laundering (FATF)

The Mutual Legal Assistance Unit provides legal support to the Financial Secretary and Secretary for Security in relation to the HKSAR’s participation in the FATF as a full member, under the name “Hong Kong, China”. Counsel attend international meetings of the FATF, participate in expert working groups and act as expert legal assessors in mutual evaluations of fellow members’ implementation of measures to combat money laundering and terrorist financing.

Promotional work and international seminars

The Treaties and Law Unit, in collaboration with relevant teams of the Department as appropriate, also takes forward policy initiatives 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 at the international level, as well as enhancing Hong Kong as a centre for capacity building in international law (including organization of various capacity building events and implementation of a number of secondment programmes to international organisations).

Counsel in the division contribute to maintaining the HKSAR’s international profile by regularly speaking and participating in regional and international seminars organised by other governments and international organisations such as the Hague Conference on Private International Law. Counsel also frequently conduct briefings for local and overseas law enforcement agencies on mutual legal assistance matters and deliver papers in the field of international co-operation in criminal matters such as asset recovery and other forms of mutual legal assistance.

To harness the unique strength of the Hong Kong bilingual common law system and international status, the Hong Kong International Legal Talents Training Office (Training Office) has been set up to serve as the co-ordinating body to take forward the establishment of the Hong Kong International Legal Talents Training Academy. The Academy will regularly organize practical training courses and capacity building programmes to promote exchanges among talents in regions of the Belt and Road. It will also provide training for talents in the practice of foreign-related legal affairs for the country, and nurture legal talents conversant with international law, common law, civil law and the country's legal system. The Training Office also serves as the secretariat for the Hong Kong International Legal Talents Expert Committee. Please click here for the brief biographical information of the expert members.

Legislation is a primary source of the law governing our society. The Law Drafting Division is responsible for drafting all legislation proposed by the government. It also vets all non-government Bills and all subsidiary legislation put forward by non-government entities to make sure that they comply with the general form of Hong Kong SAR legislation. The division is also responsible for ensuring that the published version of Hong Kong’s legislation on the Hong Kong e-Legislation website (HKeL) is up to date. Drafting counsel are committed to fulfilling these important roles.

The National Security Prosecutions Division was established in accordance with The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. It is responsible for the prosecution of offences endangering national security and other related legal work.

The role of the Prosecutions Division

The role of the Prosecutions Division is to prosecute trials and appeals on behalf of the HKSAR, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion whether or not to bring criminal proceedings in the HKSAR. In addition, counsel in the division provide advice and assistance to government bureaux and departments in relation to any criminal law aspects of proposed legislation.

The structure of the Prosecutions Division

The operational work of the division is conducted by the five sub-divisions:

1. Sub-division I Magistrates’ Courts, responsible for providing advice on and preparing for/prosecuting trial cases which are prosecuted in the Magistrates' Courts, and conducting appeals and reviews derived therefrom;
2. Sub-division II Policy and Administration, responsible for overseeing the work of the Office of the DPP, the Proceeds of Crime Section and the Departmental Prosecutions/Human Rights Sections, and supervising the management and policy development of the Division;
3. Sub-division III Higher Courts, responsible for providing advice on and preparing for/prosecuting trial cases which are prosecuted in the Court of First Instance of the High Court and the District Court, and conducting appeals and reviews derived therefrom;
4. Sub-division IV Commercial Crime, responsible for providing advice on and preparing for/prosecuting trial cases involving commercial crime, money-laundering, market misconduct, securities and revenue fraud, corruption and election offences, and conducting appeals and reviews derived therefrom.
5. Sub-division V Technology Crime, responsible for overseeing matters relating to technology crime, providing advice on and prosecuting cases involving technology crime/digital evidence, and reviewing the adequacy and effectiveness of existing laws.

The Administration & Development Division provides essential support for the effective functioning of the Department. The support covers areas including human resources, financial management, training, library services and information technology (IT). This is provided by a team of administrative staff including managers, accounting and translation officers, library staff, IT personnel, secretaries, clerical officers and other support staff.

Human Resources

The people who work for the Department are its most valuable asset. An important aspect of the Division’s human resources function is to attract and retain talents. This objective is achieved through:

• effective recruitment of new staff
• continuous training
• proper career planning
• effective performance assessment and management
• long-term succession planning for the senior posts
• minimal wastage or loss of experienced staff
• good staff relations

A key part of this function is the running of the Department’s Legal Trainee Scheme. The Scheme enables Postgraduate Certificate in Laws graduates from local universities or serving civil servants in the legal/judicial group of departments who hold recognised qualifications to complete in the Department the practical training required before qualifying as barristers or solicitors. Trainees of the Scheme have unique opportunities to work with other government bureaux/departments, law enforcement agencies and outside counsel.

In addition, the Department conducted open recruitment exercises annually to recruit Government Counsel on civil service terms to bring in fresh blood. The Department also recruits summer interns under a Post-Secondary Student Summer Internship Programme.

Financial Management

Effective financial management is important for ensuring that the available financial resources are put to the best use. Annual estimates are prepared taking into account the different needs of the various divisions and financial performance is closely monitored. The exercise of prudent financial principles ensures that the Department’s services are delivered within budget.

Training

The Department places emphasis on continuous learning, so as to maintain the quality of work performed by its colleagues. The Division plays an important part in organising a wide range of training activities to help colleagues acquire the necessary knowledge and skills to perform more effectively and for career development. Legal, management and communication training was organised in-house, as well as provided by the Civil Service College and outside experts. Counsel and para-legal officers were also sponsored to attend law-related courses run outside office hours.

To keep abreast of the latest legal developments, counsel and para-legal officers participated in a wide range of law seminars, conferences and law-related training programmes. Continuous efforts were also made to strengthen understanding of the law and the legal environment in the Mainland. Counsel were nominated to attend national studies courses held at Tsinghua University, Peking University and the Chinese Academy of Governance, as well as foreign affairs study programmes and thematic study programmes in the Mainland.

Library Services

The Department of Justice library was set up in 1953 and currently houses more than 80 000 publications. The collection is renowned for its strength in HKSAR legal materials and Commonwealth legislation. To facilitate legal research, online library catalogue and subscribed electronic databases are accessible at the library’s intranet site.

Information Technology

The Information Technology Management Unit is responsible for managing the Department’s IT systems and information resources. This includes the maintenance and periodic upgrade of existing IT systems, implementation of new projects and planning for future IT needs.

The unit also provides helpdesk services to provide various IT related services and handle requests from users. It provides training to colleagues on the proficient use of the Department’s IT systems.

The Department's information technology facilities

The Department’s network links around 1 200 users across 26 different floors or separate locations. All permanent staff in the Department have access to either dedicated or shared personal computers equipped with modern office automation functions for word-processing, document management, printing, fax, electronic mail and internet access. Remote access to the Department’s network and facilities is available.

Hong Kong e-Legislation(HKeL): HKeL is an electronic database established and updated by the Department of Justice. It delivers on the Government’s commitment to provide convenient and timely free public access to the law. For further details, please visit the HKeL website at www.elegislation.gov.hk.

Department of Justice website: This website provides a wealth of information on our legal system and the work of the Department. The public can find information regarding the latest news of the Department. To tie in with the government-wide Web Accessibility Campaign, the website was revamped to adopt the version 2.1 of World Wide Web Consortium Web Content Accessibility Guidelines Level AA standard with a view to enhancing user-friendliness.

Social activities

Two organisations within the Department, the Staff Club and the Mess, provide staff with a range of social activities to help enhance team spirit and interaction among colleagues.

Department of Justice Staff Club

The Staff Club aims to promote friendship and a sense of belonging among serving and former staff of the Department.

The Staff Club is run by an Executive Committee composed of representatives from different levels of officers in the Department. It organises various activities every year, including interest classes on dancing, Pilates, Qigong, etc., annual events such as Christmas lunch party and Spring Dinner, as well as volunteer services and outdoor visits. The Club also participates in the Corporate Games organised by the Leisure and Cultural Services Department regularly.

The Department of Justice Mess

The Mess provides a place for counsel to discuss cases and other matters which concern them during the working day, and to relax in friendly surroundings after office hours.

There is a Mess Committee which organises various functions and activities to foster an environment of collegiate support.

A tradition has been maintained whereby departing members entertain colleagues to drinks and light refreshments in the Mess and are presented with a memento such as a personally engraved mug or plaque. From time to time, the Prosecutions Division also hosts Mess Nights, to which judges and lawyers in private practice are invited. Members also “ring the bell” when there are occasions providing sufficient cause for celebration, such as promotions and important appointments.