THE LEGAL SYSTEM
protection of private property rights. The gradual development of a body of jurisprudence on the Basic Law serves to reinforce its effectiveness in determining the rights, obligations, powers and privileges guaranteed to the people of Hong Kong.
Arbitration and Alternative Dispute Resolution
Arbitration has been a popular method of dispute resolution in the HKSAR for some time. It is governed by the Arbitration Ordinance, which has two distinct regimes a domestic regime derived from English law and an international regime which reflects the UNCITRAL Model Law, the model law adopted by the United Nations Commission on International Trade Law.
Awards made in the HKSAR can be enforced in more than 135 jurisdictions that are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Since July 1, 1997, the HKSAR's membership has been by virtue of the fact that the PRC is a signatory to the New York Convention and has applied it to Hong Kong. A system for reciprocal enforcement of arbitration awards between the HKSAR and the Mainland, based on the spirit of the New York Convention, has been in place since January 2000. In June 2000, the summary enforcement of other awards (e.g. from Taiwan and Macau) was introduced.
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 the Asia-Pacific region. The HKIAC provides information on dispute resolution and arbitration both in the HKSAR and overseas. It operates panels of international and local arbitrators, and maintains lists of accredited mediators. The HKIAC's premises are in Exchange Square in Central, with 10 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 heads the Department of Justice, and is the Chief Executive's legal adviser and a member of the Executive Council. The Secretary for Justice chairs the Law Reform Commission and the Committee on Bilingual Legal System, and is also a member of the Judicial Officers Recommendation Commission and the Operations Review Committee of the Independent Commission Against Corruption. The Secretary for Justice is the representative of the HKSAR Government in all actions brought by, or against, it and is also responsible for the drafting of all government legislation.
The Secretary for Justice is responsible for all prosecutions in the HKSAR, with responsibility for deciding whether a prosecution should be instituted in any particular case, and, if so, for instituting and conducting the prosecution.
The Department of Justice provides legal advice to all government departments and bureaux. The department consists of the Secretary for Justice's Office and six divisions, five of which are each headed by a Law Officer to whom the Secretary for Justice delegates certain powers and responsibilities. The remaining division, headed by the Director of Administration and Development, handles departmental
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