The Legal System ❘ 29
and international arbitrations and recommends that the UNCITRAL Model Law be adopted as the basis of the arbitration regime in Hong Kong.
HKSAR awards 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.
The Hong Kong International Arbitration Centre (HKIAC) was established in 1985 to be a focus for dispute resolution in Hong Kong and the region. The HKIAC provides advisory and support services for the resolution of local and international disputes by arbitration, adjudication and mediation. In 2008, the International Court of Arbitration of the International Chamber of Commerce established a branch of its secretariat in Hong Kong to administer arbitration cases in the region.
The Secretary for Justice chairs the Working Group on Mediation, which was established in February 2008 with the primary purpose of promoting the use of mediation in Hong Kong. The Working Group expects to present a report for public consultation in early 2010.
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 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. It 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 International Law Division, headed by the Law Officer (International Law), advises the Government on issues relating to public international law. The division's lawyers participate in the negotiation of agreements and arrangements with other jurisdictions and, as members of the Chinese delegation, at the Hague Conference
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