ENG-2005 — Page 56

30 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. 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 Macao) was introduced.

The Hong Kong International Arbitration Centre (HKIAC) was established in 1985 to act as an 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 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. The Secretary for Justice chairs the Law Reform Commission and the Legal Practitioners' Liaison Committee, 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, with responsibility for deciding whether a prosecution should be instituted in any particular case, and, if so, for instituting and conducting the prosecution.

The Department of Justice provides legal advice to all government departments and bureaux. The department consists of the Secretary for Justice's Office and five law divisions, each headed by a Law Officer to whom the Secretary for Justice delegates certain powers and responsibilities. The Secretary for Justice's Office provides legal and administrative support in respect of the Secretary for Justice's 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 Market Misconduct 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 division also participate in the negotiation of agreements and arrangements with other jurisdictions and, as members of the Chinese delegation, at the Hague Conference on Private International Law. The division also handles requests to and from the HKSAR for international legal cooperation.