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The Legal System

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 these are implemented in the HKSAR by 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 (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. The Secretary for Justice also has a constitutional duty to make prosecutorial decisions independently, free from any interference.

There are six legal divisions in the department.

The Civil Division provides legal advice on civil matters to the government and represents the government in the conduct of all civil claims and disputes, including judicial review. The division is also responsible for implementing initiatives to promote mediation and arbitration services in Hong Kong.

The Constitutional and Policy Affairs Division advises government departments and bureaus on whether proposed legislation, or a particular policy, is consistent with the Basic Law, international human rights standards as applied in Hong Kong, and established principles underlying the legal system. The division is also responsible for new legislation promoted by the Secretary for Justice. It also has a specialist unit which addresses the need for advice on Mainland law and promotes understanding and cooperation between the two places in relation to legal and dispute resolution matters.

The International Law Division provides legal advice on public international law to the government, negotiates international agreements or provides legal advisers for such

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