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The Legal System

Rights (ICESCR), and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR.

Protection against discrimination is provided for in the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and Race Discrimination Ordinance, which are enforced by the Equal Opportunities Commission, while the Personal Data (Privacy) Ordinance, which is administered by the Privacy Commissioner for Personal Data, protects the privacy of individuals in relation to personal data.

Fifteen international human rights treaties are applicable to Hong Kong. Some of the treaties are implemented in the HKSAR by a specific legislation, such as the Hong Kong Bill of Rights. Ordinance, which implements the provisions of the ICCPR as applied to Hong Kong, while others are implemented by various legislative measures. Seven of these, namely the ICCPR, ICESCR, International Convention on the Elimination of All Forms of Racial Discrimination, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, and United Nations (UN) Convention on the Rights of Persons with Disabilities, require states parties to submit periodic reports and other requested information to UN treaty monitoring bodies. With the exception of the ICCPR, which does not apply to the Mainland of China, the HKSAR submits these reports as part of corresponding reports submitted by China and HKSAR teams attending hearings of the relevant treaty bodies as part of the Chinese delegation. The HKSAR delegation attends ICCPR hearings under the leadership of the Chinese Permanent Representative and Ambassador to the UN. In addition, the UN Human Rights Council conducts a Universal Periodic Review of the human rights. situation in all UN member states.

Department of Justice

The Department of Justice, headed by the Secretary for Justice, plays a significant role in the legal system and in upholding the rule of law in Hong Kong. The Secretary for Justice is the government's chief legal adviser and represents the government in all actions brought by, or against, it. She also has a constitutional duty to make prosecutorial decisions independently, free from any interference.

There are five legal divisions in the department.

The Civil Division provides legal advice about legal issues on civil matters to the government and represents the government in the conduct of all civil claims and disputes, including judicial

review.

The Prosecutions Division is to prosecute trials and appeals on behalf of the HKSAR, and to provide legal advice to law enforcement agencies upon request. By virtue of Article 63 of the Basic Law, the department controls all criminal prosecutions, free from interference. In conducting prosecution work, the prosecutors of the Prosecutions Division must make an objective and professional assessment of the available evidence and applicable law, and act in accordance with the Prosecution Code.

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