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The Legal System
In August 2012, the Hong Kong Mediation Accreditation Association Limited (HKMAAL) was incorporated as a non-statutory, industry-led single accreditation body for mediators. The Hong Kong Bar Association, the Hong Kong Law Society, the Hong Kong International Arbitration Centre and the Hong Kong Mediation Centre are its founder members. The HKMAAL will discharge both accreditation and disciplinary functions and regulate the standards for training. and accreditation of mediators.
The Secretary for Justice appointed a Steering Committee on Mediation in November 2012 to foster the growth of mediation in Hong Kong.
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. He chairs the Law Reform Commission and is the Deputy Chairman of the Fight Crime Committee, and is 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. Pursuant to the Basic Law, the Department of Justice controls criminal prosecutions free from interference.
The Department of Justice has five law divisions, each headed by a Law Officer to whom the Secretary for Justice delegates certain powers and responsibilities.
The Civil Division, headed by the Law Officer (Civil Law), provides legal advice to the Government on civil law, drafts commercial contracts and franchises and conducts civil litigation, arbitration and mediation, on behalf of the Government.
The International Law Division, led by the Law Officer (International Law), advises the Government on issues relating to public international law. The division's lawyers participate in the negotiation of agreements and arrangements with other jurisdictions. The division also handles requests to and from the HKSAR for international legal co-operation.
The Law Drafting Division, headed by the Law Draftsman, drafts all legislation, including subsidiary legislation, and assists in steering legislation through the Executive and Legislative Councils. It also compiles the loose-leaf edition of the Laws of Hong Kong and maintains a computer database of Hong Kong's legislation, which is available on the internet.
The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division provides legal policy input on a wide variety of topics being considered by the Government, and advises on issues affecting the administration of justice, constitutional (Basic Law and human rights) and electoral laws and Mainland law.
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