ENG-2014 — Page 54

2

The Legal System

Commerce has a branch of its Secretariat in Hong Kong. The China International Economic and Trade Arbitration Commission also has an office in Hong Kong, and in November 2014, the China Maritime Arbitration Commission set up in Hong Kong its first arbitration centre outside the Mainland.

The Department of Justice takes a leading role in the promotion and development of mediation. The Secretary for Justice's Steering Committee on Mediation, established in 2012 to foster the growth of mediation in Hong Kong, monitors the implementation of the Mediation Ordinance and the operation of 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. It undertakes initiatives to promote the wider use of mediation among members of public and in specific sectors, including small and medium enterprises, medical and health care, building management and property. Initiatives in 2014 included a Mediation Week in March (with a conference, talks, a workshop and experience-sharing sessions) and the production and broadcast on TV and radio of a new Announcement in the Public Interest.

The Mediation Ordinance 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 without affecting the flexibility of the mediation process.

As at December 2014, the HKMAAL has 11 corporate members and 2,179 accredited mediators on its panels of mediators. It is the largest accreditation body for mediators in Hong Kong and discharges both accreditation and disciplinary functions.

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.

26