ENG-1996 — Page 57

THE LEGAL SYSTEM

Commissioner assumed office in August 1996 and the ordinance commenced operation in December.

Arbitration and Alternative Dispute Resolution

Arbitration has been a popular method of dispute resolution in Hong Kong for some time. It is governed by the Arbitration Ordinance, which has two distinct regimes a domestic 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. The Attorney General has proposed certain amendments to the Arbitration Ordinance which aim to minimise the differences in conducting arbitration proceedings under the two regimes. Awards made in Hong Kong 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 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. 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 anticipated that there will be a further increase in such cases in the future, not only because of the increased popularity of arbitration and mediation as a means of dispute resolution but also because of the growth of Hong Kong as a regional dispute resolution centre.

The Attorney General

The Attorney General is the Governor's legal adviser and an ex officio member of the Executive Council. He is chairman of the Law Reform Commission of Hong Kong, as well as a member of the Judicial Service Commission and the Operations Review Committee 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 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.

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