ENG-2013 — Page 50

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The Legal System

International Economic and Trade Arbitration Commission established an office in Hong Kong, its first outside the Mainland.

The Mediation Ordinance came into operation on 1 January 2013 and provides a statutory framework for the conduct of mediation in Hong Kong and addresses areas of law such as confidentiality and admissibility of mediation communications in evidence.

The Hong Kong Mediation Accreditation Association Limited (HKMAAL), an industry-led company limited by guarantee with the Bar Association, the Law Society, the Hong Kong International Arbitration Centre and the Hong Kong Mediation Centre as its founder members, commenced formal operation on 2 April 2013. The HKMAAL is the largest accreditation body for mediators in Hong Kong. It discharges both accreditation and disciplinary functions and regulates the standards for training and accreditation of mediators.

The Department of Justice takes a leading role in the promotion and development of mediation and aims to develop Hong Kong's legal services and to enhance Hong Kong's role as the Asia Pacific Region's dispute resolution hub. The work of the Secretary for Justice's Steering Committee on Mediation, established in 2012 to foster the growth of mediation in Hong Kong, includes monitoring the operation of the Mediation Ordinance. In July, a 'Mediate First' Pledge reception was organised to promote the use of mediation by companies, organisations and associations to resolve disputes before resorting to litigation.

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. Pursuant to the Basic Law, the Department of Justice controls criminal prosecutions free from interference.

The Department of Justice 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 lawyers participate in the negotiation of agreements and arrangements with other jurisdictions. The division also handles requests to and from the HKSAR for international legal co-operation.

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