kakase/hk_gov_press_release huggingface dataset:
HKSAR and Mainland sign arrangement on reciprocal recognition and enforcement of judgments in civil and commercial matters (with photos)
18.1.2019

The Secretary for Justice, Ms Teresa Cheng, SC, and the Vice-president of the Supreme People's Court, Mr Yang Wanming, signed an arrangement on reciprocal recognition and enforcement of judgments (REJ) in civil and commercial matters in Beijing today (January 18). The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region (Arrangement) seeks to establish a bilateral legal mechanism with greater clarity and certainty for REJ in civil and commercial matters between the two places. Hong Kong has by now concluded six arrangements with the Mainland concerning various aspects of mutual legal assistance in civil and commercial matters. Among them, the Arrangement is the third one providing for REJ between the two places in civil and commercial matters. By establishing a more comprehensive mechanism for REJ with the Mainland in civil and commercial matters, the Arrangement will reduce the need for re-litigation of the same disputes in both places and offer better protection to the parties' interests. The Arrangement, apart from furthering legal co-operation between Hong Kong and the Mainland in civil and commercial matters, will enhance Hong Kong's status as a regional centre for international legal and dispute resolution services. The Arrangement applies to matters considered to be of a "civil and commercial" nature under both Hong Kong and Mainland law. Non-judicial proceedings and judicial proceedings relating to administrative or regulatory matters are excluded. The Arrangement covers both monetary and non-monetary relief. It also sets out jurisdictional grounds for the purposes of recognition and enforcement as well as grounds for refusal of recognition and enforcement. The Arrangement will be implemented by local legislation in Hong Kong. It will take effect after both places have completed the necessary procedures to enable implementation and will apply to judgments made on or after the commencement date. Ends/Friday, January 18, 2019 Issued at HKT 15:31 NNNN
SJ mourns Dr Patrick Yu
16.1.2019

The Secretary for Justice, Ms Teresa Cheng, SC, today (January 16) was saddened by the passing of Dr Patrick Yu and would wish to convey her condolences to Dr Yu's family. Ms Cheng said, "Dr Yu was one of Hong Kong's most distinguished, reputable and well-respected advocates. In 1951, he became the first Chinese person to be appointed Crown Counsel in Hong Kong. Starting his own practice in 1953, he had succeeded in establishing himself as the top criminal lawyer in the territory before his retirement in 1983. In addition to attaining an elevated and iconic status in the legal sector, Dr Yu had also made significant contributions to the establishment of the Faculty of Law of the University of Hong Kong, the first law school in Hong Kong." Ms Cheng added that Dr Yu would be dearly missed by the legal sector and the society. Ends/Wednesday, January 16, 2019 Issued at HKT 20:59 NNNN
Transcript of media session by Secretary for Justice
16.1.2019

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session at the Legislative Council today (January 16): Reporter: Secretary, would you make a comment that the DoJ should resort to outside legal advice to avoid the perception of bias to make sure that DoJ preserves the integrity? Secretary for Justice: Thank you very much for that question. The independence of the Department of Justice in controlling and handling prosecution matters are actually guaranteed under Article 63 of the Basic Law. And we are not to be subject to any interference. That principle is also enshrined in the Prosecution Code where the role and duty of the prosecutorial officer is very well set out. Under there, it is very clearly stated that the person who is making the prosecutorial decision is not to be affected by what the position of the particular suspect, the circumstances that might arise as a result of the prosecutorial decisions, whether it be political or whether it be a matter of the media viewing the circumstances, or the general public. This is a very important principle to bear in mind because if that principle is not upheld and safeguarded, then we will be swaying one way or another by the influence of the general public or the media. And that we will not be able to follow the rule that is set out in the laws and how we are going to assess the evidence. And hence it is very important that we must comply with the legal principles on how we assess a particular case based on evidence to see whether or not the evidence are sufficient to form a reasonable prospect of conviction. May I add a little bit about this particular standard of test. It is not merely just on balance there is a reason to prosecute, because "on balance" is not good enough. It is not in the public interest to prosecute a person simply because on balance the evidence suggested that he may be liable. It has to be a test - again, this is well settled in case law and of course in the Prosecution Code - it has to be a reasonable prospect of conviction before we make that decision. (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, January 16, 2019 Issued at HKT 20:13 NNNN
Secretary for Justice to visit Beijing
16.1.2019

The Secretary for Justice, Ms Teresa Cheng, SC, will leave for Beijing tomorrow afternoon (January 17). Ms Cheng will sign the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region with the Supreme People's Court in the morning on January 18. She will also call on the Ministry of Justice as well as the Hong Kong and Macao Affairs Office of the State Council. Ms Cheng will return to Hong Kong on January 19. Ends/Wednesday, January 16, 2019 Issued at HKT 19:00 NNNN
Hong Kong and Japan sign Memorandum of Cooperation (with photos)
9.1.2019

The Department of Justice (DoJ) of the Hong Kong Special Administrative Region (HKSAR) and the Ministry of Justice of Japan signed a Memorandum of Cooperation (MoC) today (January 9) to strengthen their collaboration on issues relating to international arbitration and mediation. The Secretary for Justice, Ms Teresa Cheng, SC, and the Minister of Justice of Japan, Mr Takashi Yamashita, signed the MoC at a ceremony in the HKSAR. The MoC provides a framework for Hong Kong and Japan to strengthen their communication, collaboration and co-operation on issues relating to international arbitration and mediation and to facilitate the development of services for international arbitration and mediation in Hong Kong and Japan. The International Affairs Division of the Minister's Secretariat of the Ministry of Justice will be the focal point for Japan while the newly established Inclusive Dispute Avoidance and Resolution (IDAR) Office of the DoJ will be the focal point for Hong Kong, to be responsible for implementation of the MoC. The IDAR Office spearheads the co-ordination of initiatives to promote Hong Kong as an ideal hub for deal making and a leading centre for international legal and dispute resolution services. It aims to facilitate access to justice and promote inclusive growth and sustainable development. The MoC reflects the joint efforts of Hong Kong and Japan in strengthening their co-operation and exchange of information regarding training in international arbitration and mediation, and provides a framework for the DoJ and the Ministry of Justice of Japan to promote collaborative initiatives and exchanges. It is expected that Hong Kong and Japan will benefit greatly from their co-operation in the development and provision of arbitration and mediation services. Ends/Wednesday, January 9, 2019 Issued at HKT 13:01 NNNN
Transcript of media session by Secretary for Justice
26.12.2018

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session at the Hong Kong International Airport today (December 26):​ ​ Reporter: What led to the decision to drop the case, and why has the precedent practice of seeking independent legal advice not being followed?​ ​ Secretary for Justice: The policy of the Department of Justice (DoJ) in dealing with prosecutorial decisions has been to make the decision within the department itself. Therefore, unless the case involves a member of the DoJ, there would not be outside counsel being engaged. The decision as to why a particular case is or is not prosecuted, is a matter that relates to the case, and I cannot comment on any specific case, in particular any ones that are now under judicial review or other judicial processes.​ Reporter: Two questions. The Chief Executive has also urged you to give further explanation regarding the public's questions on CY Leung's case, so are you saying that the Chief Executive also has misunderstanding over the DoJ's work? The second question, is this your original plan to go on leave while the DoJ released such controversial decision? ​ Secretary for Justice: The Department of Justice has made an informed and professional decision that what has been and can be told to the public has already been set out in our press release on December 12. There is nothing further to add from a professional legal angle. As to why certain people in the media as I have noticed, has recorded and stated that perhaps there are more to add, I cannot comment, and I do not wish to comment because there could be other reasons beyond the legal analysis. The Department of Justice is only dealing with legal issues. Political issues have nothing to do with us, so I will not comment on that.​ ​ The second point relates to the leave that I am taking. The decision to not further investigate is of course a decision that is made within the process of the law enforcement agency, and I am not going to look into any specific matter. Therefore, when that is done, the press release has been issued on December 12, making it absolutely clear what can be said has been said. Therefore, the leave that I have taken, which has been planned over a month ago, has nothing to do with the very spurious suggestion that I was avoiding the matter.​ (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, December 26, 2018 Issued at HKT 17:28 NNNN
Secretary for Justice visits Kwun Tong District (with photos)
13.12.2018

The Secretary for Justice, Ms Teresa Cheng, SC, visited Kwun Tong District today (December 13) to call on a primary school and a guide dogs centre and meet with District Council members. Accompanied by the Chairman of the Kwun Tong District Council, Dr Bunny Chan, and the District Officer (Kwun Tong), Mr Steve Tse, Ms Cheng visited SKH Tak Tin Lee Shiu Keung Primary School in Lam Tin. She learnt about the school's creative English teaching project called SimCity, which helps students learn English in a fun and interactive way to boost their confidence and communication skills in using English. Ms Cheng was also briefed about the science, technology, engineering and mathematics (STEM) education in the school. She watched the students' demonstrations on using coding programmes to control robots. She also encouraged students to actively participate in STEM activities to foster their creativity and technology knowledge. Ms Cheng then proceeded to the Hong Kong Guide Dogs Association Jockey Club Education and Training Centre in Tsui Ping Estate. The Centre provides free professional trained dog services for people with visual impairment, autism and other disabilities. Regular public education programmes are also organised to enhance public awareness of guide dog services. Before concluding her visit, Ms Cheng met with members of the Kwun Tong District Council and exchanged views on issues of concern. Ends/Thursday, December 13, 2018 Issued at HKT 18:03 NNNN
Secretary for Justice visits Sai Kung District (with photos)
7.12.2018

The Secretary for Justice, Ms Teresa Cheng, SC, visited Sai Kung District today (December 7) to call on a secondary school in Tseung Kwan O and meet with District Council members. Accompanied by the Chairman of the Sai Kung District Council, Mr George Ng, and the District Officer (Sai Kung), Mr David Chiu, Ms Cheng visited Carmel Divine Grace Foundation Secondary School. She was briefed by staff on how their students took part in the Mock Trial - Justice Education Project. A mock trial competition and other related educational activities are arranged for secondary school students under the Project to enhance their understanding of Hong Kong's judicial system, rule of law and civic responsibility. Ms Cheng observed students participating in simulated court proceedings and chatted with them. She encouraged students to continue joining various activities to strengthen their thinking and communication skills. Ms Cheng then met with members of the Sai Kung District Council and exchanged views on issues of concern. Ends/Friday, December 7, 2018 Issued at HKT 18:00 NNNN
Code of Practice for Third Party Funding of Arbitration issued
7.12.2018

A Code of Practice for Third Party Funding of Arbitration was issued today (December 7) setting out the practices and standards with which third party funders are ordinarily expected to comply in carrying on activities in connection with third party funding of arbitration. A notice was also gazetted today appointing February 1, 2019, as the date on which relevant provisions of Section 3 of the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017 (Amendment Ordinance) relating to Divisions 3 and 5 of new Part 10A of the Arbitration Ordinance (New Arbitration Ordinance Provisions) shall come into operation. A spokesman for the Department of Justice (DoJ) said, "Upon commencement of the New Arbitration Ordinance Provisions, there will be greater certainty that third party funding of arbitration in Hong Kong is not prohibited by the common law doctrines of maintenance and champerty. This will add to the attractiveness of Hong Kong as an international arbitration centre. At the same time, the Code can play a useful role in setting minimum standards of good practice by third party funders of arbitration and laying down safeguards for funded parties." The Amendment Ordinance was passed by the Legislative Council on June 14, 2017, to implement the recommendations made in the Report on Third Party Funding for Arbitration published by the Law Reform Commission of Hong Kong in October 2016, and the views of the Steering Committee on Mediation. The Amendment Ordinance came into operation upon gazettal on June 23, 2017, except for section 3 in so far as it relates to the New Arbitration Ordinance Provisions, and section 4 in so far as it relates to the new section 7A(c) and (d) of the Mediation Ordinance (New Mediation Ordinance Provisions). In accordance with section 98R of the Arbitration Ordinance, the DoJ launched a two-month public consultation on a draft code of practice on third party funding of arbitration and mediation on August 30, 2018. After due consideration of the comments received in the consultation, the Secretary for Justice, as the authorised body appointed under section 98X(2) of the Arbitration Ordinance, has decided to issue the Code and to bring the New Arbitration Ordinance Provisions into commencement. The commencement of the New Mediation Ordinance Provisions will be deferred to a future date following further deliberation on the way forward at the Steering Committee on Mediation. The DoJ will continue to engage the mediation community and relevant shareholders on certain issues concerning third party funding of mediation with a view to addressing them, so that the New Mediation Ordinance Provisions may be brought into operation as soon as practicable with the necessary code of practice to complement it. Ends/Friday, December 7, 2018 Issued at HKT 17:00 NNNN
Secretary for Justice visits Yuen Long District (with photos)
23.11.2018

The Secretary for Justice, Ms Teresa Cheng, SC, visited Yuen Long District today (November 23) to meet with young people in two schools and District Council members. Accompanied by the Chairman of the Yuen Long District Council, Mr Shum Ho-kit, and the District Officer (Yuen Long), Mr Enoch Yuen, Ms Cheng visited Shun Tak Fraternal Association Yung Yau College in Tin Shui Wai. She was briefed by staff and students on the school's operation and the developments in science, technology, engineering, arts and mathematics (STEAM) education. She chatted with students and saw their creative works on animation production and a range of science-related topics, and encouraged them to continue to pursue STEAM activities to equip themselves with technology literacy and problem-solving skills to meet the challenges ahead. Ms Cheng then called at Yuen Long Long Ping Estate Tung Koon Primary School and received a briefing by staff of the Police Community Relations Office of the Yuen Long District on "Project HIMALAYA". The project is being carried out in schools in the district to raise the interest of non-ethnic Chinese Junior Police Call members in joining the Police Force. Weekly Chinese classes are offered to enhance members' Chinese language proficiency. Police volunteers also share their skills and experiences of joining the Force through a Mentorship Programme to boost the members' confidence. Some students shared their experiences and thoughts on the project with Ms Cheng during the visit. Before concluding her visit, Ms Cheng met with members of the Yuen Long District Council and exchanged views on issues of concern. Ends/Friday, November 23, 2018 Issued at HKT 18:28 NNNN
Statement by the Department of Justice
17.11.2018

The Department of Justice learned about the death of Senior Government Counsel, Mr Vincent Wong, this morning (November 17). We express profound sadness and will provide all the necessary assistance to his family. Ends/Saturday, November 17, 2018 Issued at HKT 14:34 NNNN
West Kowloon Mediation Centre opens (with photo)
8.11.2018

The West Kowloon Mediation Centre (WKMC) had its opening today (November 8) with a Pilot Mediation Scheme launched at the same time. The significant project marks the Government's commitment to promote the use of mediation and to enhance public awareness of its benefits. The WKMC is a unique facility dedicated to mediation. It is located adjacent to the West Kowloon Law Courts Building, which houses the Small Claims Tribunal (SCT). The Pilot Mediation Scheme will be operated at the WKMC by the Joint Mediation Helpline Office (JMHO), an independent co-ordinator appointed by the Government. Jointly founded by eight professional organisations, the JMHO is a non-profit making, charitable institution in Hong Kong. Under the Pilot Mediation Scheme, mediation services will be provided to litigants of SCT cases that are suitable for mediation and other suitable cases. Parties to suitable cases will be required to pay a nominal, all-inclusive application fee of $200 each. As the independent co-ordinator, the JMHO will be responsible for matching cases with suitable mediators on the WKMC panel of mediators, and for providing all necessary administrative, logistical and other support to the parties. Officiating at the opening of the WKMC were the Secretary for Justice, Ms Teresa Cheng, SC; the Vice-President of the Court of Appeal of the High Court, Mr Justice Johnson Lam; and the Chairman of the JMHO, Mr Antony Man. The swift implementation of the Pilot Mediation Scheme is an important milestone in encouraging the more extensive use of mediation in Hong Kong to resolve disputes. It also shows the Government's determination to promote the use of mediation as a time- and cost-effective alternative to litigation in resolving disputes. Implementation of the scheme will be subject to review on a regular basis. Ends/Thursday, November 8, 2018 Issued at HKT 18:00 NNNN
Secretary for Justice to visit Japan and Shenzhen
30.10.2018

The Secretary for Justice, Ms Teresa Cheng, SC, will visit Tokyo, Japan, and Shenzhen from tomorrow (October 31) to November 3. During her stay in Tokyo, Ms Cheng will lead a delegation of Hong Kong legal and dispute resolution practitioners to make presentations at the thematic session "From Deal Making to Dispute Resolution: Legal Risk Management for Enterprises in Japan", which is part of the "Think Global, Think Hong Kong" symposium organised by the Hong Kong Trade Development Council. During the event, Ms Cheng will meet with representatives from legal and business associations in Japan to promote professional exchanges and Hong Kong's legal services. In addition, Ms Cheng will meet with senior government officials. Ms Cheng will then depart for Shenzhen on November 2 to attend the 3rd Qianhai Legal Intelligence Forum. The theme of the Forum this year is "International Commercial Litigation and Alternative Dispute Resolution". She will deliver a speech on the topic of "The Contribution of 'One Country, Two Systems' to the Sustainable Development of International Commercial Dispute Settlement". She will return to Hong Kong on November 3. Ends/Tuesday, October 30, 2018 Issued at HKT 19:30 NNNN