ENG-2011 — Page 72

36 The Legal System

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.

Following the publication for public consultation in February 2010 of a report on mediation by the Secretary for Justice's Working Group on Mediation, the Secretary for Justice established a Mediation Task Force in December 2010 to implement the report's recommendations and to resolve outstanding issues. The Mediation Task Force, chaired by the Secretary for Justice, continued with the tasks. of implementing the recommendations of the Working Group on Mediation.

In November 2011, the Mediation Bill was gazetted and introduced into the Legislative Council to provide a regulatory framework for the conduct of mediation and address some of the areas in which the law is uncertain, such as confidentiality and admissibility of mediation communications in evidence. The Bill, if enacted, will provide a good platform for the further development of mediation and will strengthen Hong Kong's status as an international dispute resolution centre.

The Mediation Task Force is continuing its efforts in promoting the wider use of mediation and its deliberation on the setting up

on the setting up of an industry-led single accreditation body for mediators in Hong Kong.

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. He 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, led by the Law Officer (International Law), advises the Government on issues relating to public international law. The division's