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The Legal System

Apart from the home-grown Hong Kong International Arbitration Centre, Hong Kong also hosts the operations of three other world-class arbitral institutions, namely the Secretariat of the International Court of Arbitration of the International Chamber of Commerce, China International Economic and Trade Arbitration Commission, and China Maritime Arbitration Commission.

The department takes a leading role in promoting and developing mediation. The steering committee monitors the implementation of the Mediation Ordinance, which took effect in 2013. The Mediation Ordinance provides a statutory framework for the conduct of mediation and addresses areas of law such as the confidentiality and admissibility of mediation communications in evidence without affecting the flexibility of the mediation process.

The steering committee also monitors the operation of the Hong Kong Mediation Accreditation Association Limited, an industry-led company limited by guarantee with the Bar Association, Law Society, Hong Kong International Arbitration Centre and Hong Kong Mediation Centre as its founder members. In addition, the steering committee promotes the wider use of mediation among members of the public and in specific sectors, including small and medium enterprises, medical and health care, building management and property, intellectual property and education, ethnic minorities and new immigrants.

To take forward its recommendation to enact apology legislation, in 2016 the steering committee launched and concluded a second public consultation and published its final report and recommendations. The main objective of the legislative proposal is to encourage the making of timely apologies in order to facilitate amicable settlement of disputes by stating the legal consequences of making apologies. Based on the final recommendations of the steering committee, the department is preparing for the enactment of the apology legislation in the 2016-17 legislative year.

In 2016, the department also hosted the Mediation Week, which consisted of six seminars, a mediation carnival and a mediation conference with eminent international and local mediators

as speakers.

Secretary for Justice

The Secretary for Justice heads the Department of Justice, and is the HKSAR Government's legal adviser and a member of the Executive Council. He chairs the Law Reform Commission and is Deputy Chairman of the Fight Crime Committee as well as 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 Department of Justice has five law divisions, each headed by a Law Officer to whom the Secretary for Justice delegates certain powers and responsibilities.

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