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THE LEGAL SYSTEM
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 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 is the Chief Executive's legal adviser and a member of the Executive Council. She chairs the Law Reform Commission and a committee which was established to advise the Government on the promotion of legal bilingualism. She is also a member of the Judicial Officers Recommendation Commission and 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 government 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-ordination 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 spokesperson, 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 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 administration, 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.
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 provides counsel to the Insider Dealing Tribunal.
The International Law Division, headed by the Law Officer (International Law), advises the Government on issues relating to public international law. Lawyers in this
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