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The Legal System
Secretary for Justice
The Secretary for Justice heads the Department of Justice, and is the HKSAR Government's legal adviser and a member of the Executive Council. He chairs the Law Reform Commission and is Deputy Chairman of the Fight Crime Committee as well as 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 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 division also promotes wider use of mediation to resolve disputes.
The International Law Division, headed by the Law Officer (International Law), advises the government on issues relating to public international law. Its lawyers take part in the negotiation of agreements and arrangements with other jurisdictions in areas such as air services, avoidance of double taxation, international trade and investment promotion and protection. The division also handles requests for legal cooperation between the HKSAR and other jurisdictions.
The Law Draftsman heads the Law Drafting Division, which drafts, in Chinese and English, all legislation proposed by the government and provides professional support to policy bureaus. throughout the legislative process. The division also compiles consolidated versions of HKSAR legislation and publishes them through the loose-leaf edition of the Laws of Hong Kong and the Hong Kong e-Legislation. The latter is an electronic database launched in 2017 to provide free public access to updated and post-30 June 1997 versions of HKSAR legislation.
The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division's policy responsibility covers certain matters affecting the administration of justice and those concerning the legal and arbitration professions. In addition, it provides legal policy input on a wide range of legislative proposals and administrative measures considered by the government, which also receives legal advice on issues touching on constitutional law from the Basic Law and human rights perspectives, as well as on electoral laws and Mainland law.
By virtue of the Basic Law, the department controls all criminal prosecutions, free from interference. The Director of Public Prosecutions heads the Prosecutions Division. The division's counsel conduct most criminal appeals, including those to the Court of Final Appeal, and most trials in the Court of First Instance and the District Court. They also prosecute in the Magistrates' Courts. The division also provides legal advice on criminal law to law enforcement agencies and other government departments.
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