Department of Justice (Hong Kong)

Department of Justice
Department of Justice
Traditional Chinese	律政司
Yale Romanization
Transcriptions
Yue: Cantonese
Yale Romanization	Leuht jing sī
Jyutping	Leot6 zing3 si1

Department of Justice
律政司
Agency overview
Headquarters	G/F, Main Wing, ; 6/F, Main and East Wing, ; Justice Place, 18 Lower Albert Road, Central, Hong Kong; 5-7/F, High Block, Queensway Government Offices, 66 Queensway, Hong Kong
Employees	1,084
Annual budget	949.2m HKD
Agency executive	Rimsky Yuen, SC, JP, Secretary for Justice;
Website	www.doj.gov.hk

Template:Contains Chinese text

The Department of Justice (Chinese: 律政司) is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department (律政署) and Attorney General (律政司) respectively. The Department of Justice’s main value is the rule of law. This law is the law that has brought Hong Kong the success of being known as the world’s international financial centre. Their leading principle consists of the quote “One country, Two Systems”.^[2] The Department of Justice is very important in the legal system in many ways. One being that they give legal advice to other departments in the government system. “drafts government bills, makes prosecution decisions, and promotes the rule of law”.^[3] It is important to note that the main goal of the Department is to ensure that Hong Kong’s status as the main centre for legal services goes up, and is enhanced.

Organisation

Prosecutions Division (Hong Kong) - headed by the Director of Public Prosecutions, handles prosecutions in the majority of appeals and trials in the Court of First Instance and District Court.
Civil Division - headed by the Law Officer (Civil Law), provides legal advice on civil law to all Government bureaux and departments and represents the Government both as solicitors and as barristers in all civil litigation, including arbitrations
Legal Policy Division - servicing the needs of the Solicitor General, and giving legal policy advice in respect of matters currently being considered by the Government
Law Drafting Division - is responsible for drafting almost all legislation, and all Government subsidiary legislation
International Law Division - is headed by the Law Officer (International Law) and provides advice on public international law to the Government and negotiates, or provides legal advisers on negotiations, for bilateral agreements. Also handles mutual judicial assistance matters.
Administration and Development Division - is headed by the Director of Administration and Development

Law of Hong Kong

National Law

Under Article 18 of Basic Law, numerous nation laws of China apply in Hong Kong. Under Article 158 of Basic Law, the clarification of term of the Basic Law by the Standing Committee of the National People's Congress is to be followed by the courts of Hong Kong in operating the related clause.^[4]

Basic Law

The main principle of basic law is “one country, two system”. Although China took back Hong Kong in 1997, the previous law in force in Hong Kong(laws of equity, ordinances, subordinate, subordinate legislation, common law and customary law) still remain unchanged for 50 years.^[5] Except some law related to foreign affairs and defense, nation law of China will not apply on Hong Kong.^[6]

International law

There are more than 200 treaties and agreement in Hong Kong. The Hong Kong domestic law does not create the treaty unless the legislation gives force. However, it affects the common law. The rapid growth of international laws may become immersed into the common law.^[5]

Bilateral agreements

Air Services Agreements(ASAs)
Surrender of Fugitive Offenders Agreements(SFOs)
Double Taxation Avoidance Agreements(DTAs)
Mutual Legal Assistance Agreements(MLAs)
Investment Promotion & Protection Agreements(IPPAs)
Consular Agreements
Environment Cooperation Agreements
Memorandum of Understandings on Labour Cooperation
Agreements and Arrangements for the Establishments of International Organisations in Hong Kong
Free Trade Agreements^[7]

Five performances Pledges

Preamble

The Department of Justice’s main function is to help the government of Hong Kong Special Administrative Region through providing legal services and advice. This department, run by the Secretary for Justice, contains the Secretary for Justice’s office, which is split into six differnent sections: 1. Administration and development division 2.legal policy division 3. prosecutions division 4.civil division 5. law drafting division 6. international law division^[8]

Mission

In order to provide the best service available to their clients, the department has promised to do their best and maintain their quality of work and ethics, follow all appropriate rules that are required by legal professions of higher power, and make sure to notify their clients the possible implications and requirements in any course of action.

Performance Standards and Targets

In general, they try to respond to correspondences that do not need a legal opinion within 10 days. If there is no response within that time frame, an interim reply will be sent out. As well, to in order to recognise a letter of complaint, it must be sent no later than 10 days and they must provide a justifiable reply within 30 days. For more complicated cases. they require a longer processing time.

Effective Monitoring

The department of Justice makes sure to do everything to the best of their ability. The quality of their work and effort will constantly be monitored by the senior management in order to improve their efforts from time to time

The User’s Role

The department of Justice is open to comments and suggestions and feedback to how they are doing their services. If one wishes to provide some input, their public number is 2867 2198.^[9]

References

^ ^a ^b budget.gov.hk
^ The Commissioner's Office of China's Foreign Ministry in the Hong Kong SAR "[1] Retrieved on 2013-06-15.
^ http://www.doj.gov.hk/mobile/eng/index.html
^ "Chapter IV : Political Structure". Basic Law of Hong Kong Special Administrative Region: 30–57. July 2006
^ ^a ^b http://www.basiclaw.gov.hk/en/basiclawtext/annex_3.html
^ CCH Hong Kong Limited, 2008. ISBN 988-17-5453-4, ISBN 978-988-17-5453-0. p 3.
^ Lim, Patricia. [2002] (2002). Discovering Hong Hong's Cultural Heritage. Central, Hong Kong: Oxford University Press. ISBN Volume One 0-19-592723-0
^ "GovHK: Government Structure". Retrieved 25 October 2009.
^ http://www.doj.gov.hk/mobile/eng/contactus/index.html

External links

Official site

[budget.gov.hk-1] udget.gov.hk

[2] The Commissioner's Office of China's Foreign Ministry in the Hong Kong SAR "[1] Retrieved on 2013-06-15.

[3] ttp://www.doj.gov.hk/mobile/eng/index.html

[4] "Chapter IV : Political Structure". Basic Law of Hong Kong Special Administrative Region: 30–57. July 2006

[basiclaw.gov.hk-5] ttp://www.basiclaw.gov.hk/en/basiclawtext/annex_3.html

[6] CCH Hong Kong Limited, 2008. ISBN 988-17-5453-4, ISBN 978-988-17-5453-0. p 3.

[7] Lim, Patricia. [2002] (2002). Discovering Hong Hong's Cultural Heritage. Central, Hong Kong: Oxford University Press. ISBN Volume One 0-19-592723-0

[8] "GovHK: Government Structure". Retrieved 25 October 2009.

[9] ttp://www.doj.gov.hk/mobile/eng/contactus/index.html

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v t e Government of Hong Kong
Executive Council Government Secretariat Government agencies
Bureaus	Civil Service Commerce and Economic Development Constitutional and Mainland Affairs Development Education Environment and Ecology Financial Services and the Treasury Health Home and Youth Affairs Innovation, Technology and Industry Justice Labour and Welfare Security Transport and Logistics Housing Culture, Sports and Tourism
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Central bank	Hong Kong Monetary Authority
Foreign relations	Foreign relations of Hong Kong
Statutory bodies in Hong Kong Hong Kong Civil Service Administrative Officer

v t e Office of the Chief Executive
Director of the Chief Executive's Office: Carol Yip
Secretary for Justice Chief Secretary for Administration Financial Secretary
Public Service Commission Office of the Ombudsman Independent Commission Against Corruption Audit Commission Chief Executive's Policy Unit

v t e Secretary for Justice
Secretary for Justice: Paul Lam
Subordinate department(s)	Department of Justice Prosecutions Division Civil Division Legal Policy Division Law Drafting Division International Law Division Administration and Development Division
Previous office holders	Sterling Anstey Adams Smale Pauncefote Bramston Phillippo O'Malley Goodman Berkeley Rees-Davies Bucknill Kemp Alabaster Griffin Ridehalgh Heenan Roberts Hobley Griffiths Thomas Matthews Leung Wong Yuen Cheng Lam
*Includes previous Attorneys General