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THE LEGAL SYSTEM

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. The HKSAR's membership has, since July 1, 1997, been by virtue of the fact that the People's Republic of China is a signatory to the New York Convention and has applied it to Hong Kong. Following a consensus reached in June 1999 between Mainland authorities and the HKSAR Government, 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 is the Chief Executive's legal adviser and a member of the Executive Council. She chairs the Law Reform Commission and the Committee on Bilingual Legal System; the latter 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 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. 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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