THE LEGAL SYSTEM
Awards made in the HKSAR can be enforced in more than 120 jurisdictions which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The HKSAR's membership has since July 1, 1997, been by virtue of the fact that the People's Republic of China is a signatory to the New York Convention.
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 the HKSAR and Asia-Pacific. The HKIAC provides information on dispute resolution and arbitrations both in the HKSAR and overseas. It operates panels of international and local arbitrators, and maintains lists of mediators. The HKIAC's premises are in Exchange Square in Central District where it provides 10 purpose-built hearing and conference rooms and full support facilities. The number of cases involving the HKIAC has substantially increased in recent years. It is expected that there will be a further increase in such cases not only because of the increased popularity of arbitration and mediation as a means of dispute resolution but also because of the growth of the HKSAR as a regional dispute resolution centre.
The Secretary for Justice
The Secretary for Justice is the Chief Executive's legal adviser and an ex officio member of the Executive Council. She chairs the Law Reform Commission of Hong Kong, and is a member of the Judicial Officers Recommendation Commission and of the Operations Review Committee of the Independent Commission Against Corruption.
All government departments requiring legal advice receive it from the Secretary for Justice. She is the representative of the government of the HKSAR in all actions brought by, or against, it. She is also responsible for the drafting of all legislation.
The Secretary for Justice is responsible for all prosecutions in the HKSAR. It is her responsibility to decide whether a prosecution should be instituted in any particular case, and, if so, to institute and conduct the prosecution.
The Secretary for Justice chairs the Legal Affairs Policy Group, one of several policy bodies established under the umbrella of the Chief Secretary for Administration's Committee, to bring together bureau 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 Secretary for Justice to take responsibility, as sponsor and spokeswoman, for legislative proposals to be submitted to the Executive and Legislative Councils.
The Department of Justice consists of the Secretary for Justice's Office and six divisions, five of which are headed by a Law Officer to whom the Secretary for Justice delegates certain of her powers and responsibilities. The remaining division, headed by the Director of Administration and Development, covers departmental administration and media and public relations. The Secretary for Justice's Office provides legal and administrative support to the Secretary for Justice in respect of her many functions.
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