THE LEGAL SYSTEM
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language is used, a party or witness in any court in Hong Kong may use Chinese or English or any other language permitted by the court.
Arbitration and Alternative Dispute Resolution
Arbitration has been a popular method of dispute resolution in Hong Kong for some time. Arbitration is governed by the Arbitration Ordinance which has two distinct regimes, a domestic regime based on English Law and an international regime which includes the UNCITRAL Model Law, the model law adopted by the United Nations Commission on International Trade Law. Arbitral awards made in Hong Kong can be enforced in more than 80 other jurisdictions which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The Hong Kong International Arbitration Centre (HKIAC) was established in 1985 to act as an independent and impartial focus for the development of all forms of dispute resolution in Hong Kong and South-East Asia. The HKIAC provides information on dispute resolution and arbitrations both in Hong Kong and overseas. It operates panels of international and local arbitrators and maintains lists of mediators. The HKIAC premises, situated at 1 Arbuthnot Road, have purpose-built hearing rooms and have full support facilities. The number of cases involving the HKIAC has tripled in the last two years and it is anticipated, given the increasing popularity of arbitration and mediation as a means of dispute resolution, that there will be an increase in such cases in the future.
Attorney General
The Attorney General is the Governor's legal adviser. The Royal Instructions provide for him to be an ex-officio member of both the Executive Council and the Legislative Council. He is chairman of the Law Reform Commission of Hong Kong and a member of both the Judicial Services Commission and Operations Review and Complaints Committees of the Independent Commission Against Corruption.
All government departments requiring legal advice receive it from the Attorney General. He is the representative of the Crown in all actions brought by or against the Crown. He is also responsible for the drafting of all legislation.
The Attorney General is responsible for all prosecutions in Hong Kong. It is his responsibility to decide whether or not a prosecution should be instituted in any particular case, and if so to institute and conduct the prosecution.
The Attorney General is chairman of the Legal Affairs Policy Group, one of several policy bodies established under the umbrella of the Chief Secretary's Committee to bring together branch secretaries in related programme areas. The group plays an important co-ordinating role in legal policy matters, decision-making and allocation of responsibility for legislative initiatives which have a substantial legal policy content. Often, the group will call upon the Attorney General to take responsibility as sponsor and spokesman for legislative proposals to be submitted to the Executive and Legislative Councils.
The Attorney General's Chambers have six divisions, five of which are headed by a Law Officer to whom the Attorney General delegates certain of his powers and responsibilities. The remaining division deals with administrative matters concerning chambers.
The Civil Division, headed by the Crown Solicitor, provides legal advice to govern- ment on civil law and conducts civil litigation, arbitration, and mediation, on behalf of government.