THE LEGAL SYSTEM
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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 Southeast 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 full support facilities. The number of cases involving the HKIAC has substantially increased in recent years. It is anticipated, given the increasing popularity of arbitration and mediation as a means of dispute resolution, that there will be a further increase in such cases in the future.
The 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 the Judicial Services Commission, and the 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 the chambers.
The Civil Division, headed by the Crown Solicitor, provides legal advice to the government on civil law and conducts civil litigation, arbitration and mediation, on behalf of the government.
The International Law Division, headed by the Law Officer (International Law), deals with all external legal matters arising out of the Sino-British Joint Declaration and other international agreements, and advises upon questions of international law.
The Law Drafting Division, headed by the Law Draftsman, is responsible for drafting all legislation, including subsidiary legislation, in Chinese and English, and assists in steering legislation through the Executive and Legislative Councils.