kakase/hk_gov_press_release huggingface dataset:
HKSAR and Hague Conference on Private International Law sign memorandum of understanding on secondment of legal professionals (with photos)
22.12.2020

The Secretary for Justice, Ms Teresa Cheng, SC, signed a memorandum of understanding with the Secretary General of the Hague Conference on Private International Law (HCCH), Dr Christophe Bernasconi, for the technical and administrative arrangements relating to the secondment of legal professionals today (December 22) at a virtual signing ceremony. Addressing the ceremony, Ms Cheng said that it was the Department of Justice's policy initiative to nurture legal talents through continuous provision of training opportunities including secondment arrangements with international organisations. Thanking the HCCH's strong support for this scheme, Ms Cheng said she was pleased to note that lawyers in both the public and private sectors have opportunities to gain experience at the HCCH under the secondment arrangement, which would expand their knowledge of the operation of international organisations, broaden their horizons through learning from international law experts, and inject a Hong Kong perspective into shaping the development of international law. The virtual signing ceremony was held at the former French Mission Building, an important part of the Hong Kong Legal Hub where the HCCH's Regional Office for Asia and the Pacific in the HKSAR has recently been relocated. The technical support in hosting the ceremony was provided by the Technical Partner, eBRAM, by leveraging its online platform. Ends/Tuesday, December 22, 2020 Issued at HKT 19:44 NNNN
Government welcomes CFA judgment on ERO
21.12.2020

The Government of the Hong Kong Special Administrative Region (HKSAR) welcomed the judgment delivered by the Court of Final Appeal (CFA) today (December 21), which upheld the compatibility of the Emergency Regulations Ordinance (ERO) with the Basic Law and the proportionality of the restrictions of rights in prohibiting the use of facial coverings at public order events contained in the Prohibition on Face Covering Regulation (PFCR). The CFA acknowledged that the very nature of the ERO requires the giving of wide and flexible legislative powers to the executive to deal with emergencies or public dangers quickly and adequately. Given the situations concerned are one of emergency or public danger, it should be left to the judgment of the Chief Executive in Council to make regulations which she may consider desirable in the public interest. The Court also pointed out that such legislative powers are necessary in particular when the Legislative Council may not be able to function and respond promptly enough or at all to the occasion of emergency or public danger in terms of passing the requisite legislation. As to the PFCR, the CFA noted certain rights are affected by the prohibitions imposed by the PFCR but emphasised that the rights are not absolute and may be subject to lawful restrictions including the interests of public safety, public order and the protection of the rights and freedoms of others. The CFA agreed that the preventative and deterrent nature of the PFCR is crucial and the need to prevent the deterioration of peaceful gatherings into violence is an integral part of the legitimate aim. The HKSAR Government fully echoed the views expressed by the CFA that, when striking a fair balance between the societal and individual interests, "the interests of Hong Kong as a whole should be taken into account since the rule of law itself was being undermined by the actions of masked lawbreakers who, with their identities concealed, were seemingly free to act with impunity". Ends/Monday, December 21, 2020 Issued at HKT 19:25 NNNN
Transcript of remarks by Secretary for Justice at media session
16.12.2020

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after attending the Legislative Council meeting today (December 16): Reporter: Do you think that clearing bias claim of the Magistrate yesterday could enhance public confidence towards the judicial system? Secretary for Justice: Judicial independence is the cornerstone of our society. It is a very important pillar of the rule of law. Therefore, by safeguarding judicial independence, it is not just the duty of any particular lawyer, but a duty of every single law-abiding citizen. The complaints that are made against the Magistrate have been dealt with by the Judiciary, and I believe they have explained clearly with the relevant evidence placed before the public why those complaints are dismissed. With that, I hope that the public as well as the local and international media will be able to appreciate that we do cherish and safeguard our esteemed judicial independence. Reporter: The Department of Justice is always refraining from commenting on ongoing proceedings, but we have seen recently a more outspoken approach from the department. Are you worried that this may give the perception that the Department of Justice may be holding a certain view before it approaches a matter? Secretary for Justice: That question seems to conflate a number of things. When a case is ongoing, it is a matter of basic important principles that people do not discuss about the case in the media when facts are only partially known. That is why we have a judicial system, and that is why the Department of Justice and indeed the other side should never comment on the case because of this principle of sub judice. One has to respect that the proceedings have to be continued. The Department of Justice has been, and I use the word "outspoken" as suggested by you, but the Department of Justice has a duty to come out and put the facts right when things are misreported either by the relevant media or misstated by the person who is making those statements. It is our duty to make sure that the facts are put right. We have been extremely cautious that we never comment on a particular case. Every time as you will gather, some of you may not particularly like the way I keep saying it, I cannot comment on the case but I will give you the general principles. What the Department of Justice and sometimes through myself as the Secretary for Justice have said on the general principles are perpetual truths, they are always correct. It is important that the general public hear them so that they can understand how they should be respecting the rule of law and joining hands with the Government as well as the legal profession to safeguard the rule of law. (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, December 16, 2020 Issued at HKT 14:35 NNNN
Prosecutions made strictly in accordance with law
12.12.2020

In response to comments from some overseas politicians concerning a man who was charged under the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, a spokesman for the Department of Justice (DoJ) today (December 12) reiterated that all prosecutions are carried out in strict accordance with the law. Article 63 of the Basic Law provides that prosecutions in the Hong Kong Special Administrative Region (HKSAR) are made by the DoJ, free from any interference. No one should interfere or attempt to interfere with independent prosecutorial decisions which are based on an objective assessment of all admissible evidence and applicable laws. "As the case is under legal proceedings, it is inappropriate for any of us to comment further. We are appalled by such open demands for withdrawal of charge and immediate release of the defendant by senior officials in another jurisdiction. Such acts not only disrespect the HKSAR's judicial system and undermine the spirit of the rule of law, but also attempt to meddle in Hong Kong's affairs which are internal affairs of the People's Republic of China," the DoJ spokesman said. The Secretary for Justice has emphasised on many occasions that the Prosecution Code of the DoJ provides clear, consistent guidelines and principles for carrying out prosecution work. A prosecutor must not be influenced by any investigatory, political, media, community or individual interest or representation. All prosecutorial decisions are based on admissible evidence, applicable laws and the Prosecution Code, without political consideration. Cases will not be handled any differently owing to the political beliefs or background of the persons involved. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction. Any demands or statements that purport to interfere with the prosecutorial decision and process controlled by the DoJ or the independent exercise of judicial power by the judiciary of the HKSAR will be futile. These constitutional functions and duties are laid down in the Basic Law and the independent exercise of them is guaranteed. Every law-abiding person should respect and uphold such guarantees and the HKSAR Government will ensure that these powers and duties are properly and duly exercised free from any interference. The judicial process will be continued in accordance with the law, fairly and independently. Ends/Saturday, December 12, 2020 Issued at HKT 18:09 NNNN
Second Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference held virtually (with photo)
11.12.2020

Following the success of the first Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference held in Hong Kong last year on September 12, the second Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference (2nd Joint Conference) was held virtually this afternoon (December 11). Those attending the 2nd Joint Conference included the Director-General of the Department of Justice of Guangdong Province, Mr Chen Xudong; the Secretary for Justice, Ms Teresa Cheng, SC; and the Secretary for Administration and Justice of the Macao Special Administrative Region (SAR) Government, Mr Cheong Weng Chon. At the meeting, the three parties endorsed the Proposal to set up the Greater Bay Area Mediation Platform. The three parties further agreed to establish the Working Group on the Greater Bay Area Mediation Platform. Speaking at the Joint Conference, Ms Cheng pointed out that the three parties should seize the immense opportunities posed by the unique characteristics of the Guangdong-Hong Kong-Macao Greater Bay Area - "one country, two systems and three jurisdictions". She also raised some specific issues for discussion, including the detailed responsibilities of the Working Group, the role to play of the Joint Conference in facilitating matters surrounding the GBA Legal Professional Examination, including the provision of legal services in the Greater Bay Area by both the Hong Kong and Macao legal services sectors and its relevant support, and the choice of law and legal place to resolve disputes in the Greater Bay Area. Ms Cheng expressed gratitude to the Secretariat for Administration and Justice of the Macao SAR for setting up the 2nd Joint Conference. She said she looked forward to the third Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference, which will be held in Mainland China next year. Ends/Friday, December 11, 2020 Issued at HKT 17:56 NNNN
HKSAR Government opposes accusations by US
4.12.2020

In response to the press statement by the United States Department of State, the Government of the Hong Kong Special Administrative Region (HKSAR) made the following statement today (December 4): The baseless allegation that there is "political persecution" in Hong Kong is totally unsubstantiated and clearly made with an ulterior motive to interfere with China's internal affairs. Judges in Hong Kong are chosen only for their judicial and professional qualities. Unlike other places, they are not subjected to any political vetting. Our courts only decide cases in accordance with the law and evidence. No one can "use" our courts to achieve any other purpose. Judicial independence is guaranteed under Article 85 of the Basic Law which is practised and respected internationally. Such baseless allegations made against our Judiciary are strongly refuted. Human rights and freedoms in Hong Kong, including freedom of speech and freedom of assembly, are fully protected by the Basic Law and respected by the HKSAR Government. However, such freedoms are not absolute. Hong Kong's residents have been and will continue to be able to enjoy their legitimate rights and freedoms as guaranteed under the Basic Law. The individuals named in the statement by the United States are currently involved in cases in which the legal proceedings have not yet been completed. Suffice it to note that in so far as three of the individuals named are concerned, they pleaded guilty to the charges that had been laid against them. The Department of Justice is not in a position to comment any further on these cases at this stage as the matter is subjudice. The Judiciary will continue to exercise the judicial power including that of the final adjudication independently, free from any interference. Any statements made with an attempt to unduly influence the exercise of the judicial power in our legal system will be futile. Ends/Friday, December 4, 2020 Issued at HKT 21:05 NNNN
Court administers justice in accordance with law
2.12.2020

In response to the comments from local and overseas communities concerning the sentences of three defendants who pleaded guilty to charges in the case WKCC2289/2020, the Department of Justice today (December 2) made the following statement: The legal proceedings of the case have not yet completed. The DoJ will not comment on it at this stage. Suffice it to note that the magistrate in the Reasons for Sentence stated, "since this case involves disruption of public order and safety as well as threatening the personal safety of members of the public, in order to protect public interest and safeguard the life and property of citizens… I believe that penalties with deterrence are necessary". Human rights and freedom in Hong Kong, including freedom of speech and freedom of assembly, are fully protected by the Basic Law. However, such freedoms are not absolute. As the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020 stated that, "we see clear limits in the law to the exercise of rights. The enjoyment or insistence on one's rights does not, for example, provide any excuse to harm other people or their property, or to display acts of violence." The three defendants pleaded guilty to their charges. Those who absurdly demanded for their immediate release not only disrespect our judicial system but also manifest their blatant denial of the fact that the defendants themselves pleaded guilty. The Government of the Hong Kong Special Administrative Region (HKSAR) is committed to upholding the rule of law. Articles 63 and 85 of the Basic Law stipulate respectively that the DoJ "shall control criminal prosecutions, free from any interference", and the courts of the HKSAR "shall exercise judicial power independently, free from any interference". It is unbecoming and irrational for people making sweeping attacks and baseless accusations against our judicial and legal systems without reference to the fact and circumstances of the case. Such statements, if made with a view to exert undue influence on our judicial and legal systems will be futile. Ends/Wednesday, December 2, 2020 Issued at HKT 22:23 NNNN
Thorough cleaning arranged for Legal Hub in West Wing of Justice Place
1.12.2020

The Department of Justice (DoJ) has arranged a thorough cleaning and disinfection of the ground floor lobby in the West Wing of Justice Place as well as the common area for law-related organisations (LROs) from the ground floor to the fifth floor of the Legal Hub after a LRO staff member, whose office was in the Legal Hub in the West Wing of Justice Place, tested positive for COVID-19, a spokesman for the DoJ said today (December 1). "We learned that the staff member last returned to the office on November 28. Full disinfection work at the office was conducted. Offices of other LROs on the same floor will also be cleaned and disinfected. There are no DoJ offices located on the LRO floors in the Legal Hub in the West Wing of Justice Place," the spokesman added. The DoJ has been strictly implementing various disease prevention measures, including measurement of body temperature at all entrances to Justice Place, and requiring wearing of masks. Persons with a fever will not be allowed to enter Justice Place. Meanwhile, the DoJ has also stepped up cleaning and disinfection throughout Justice Place to safeguard the health of all users. Ends/Tuesday, December 1, 2020 Issued at HKT 15:00 NNNN
DoJ staff member preliminarily tests positive for COVID-19
28.11.2020

The Department of Justice (DoJ) today (November 28) said a staff member has preliminarily tested positive for COVID-19. The staff member concerned worked at the West Kowloon Law Courts Building. She last came to work on November 26 and has no recent travel history. She has been wearing surgical masks while performing her duties and has properly maintained social distancing with people she has had contact with. Her body temperature was normal when undergoing temperature screening during work. Thorough cleaning and disinfection for relevant places at the West Kowloon Law Courts Building has been arranged. The DoJ is concerned about the COVID-19 epidemic. The department will continue to remind all staff to strictly comply with the hygienic measures for infectious diseases provided by the Centre for Health Protection. The staff will also be reminded to consult a doctor promptly if they have any discomforting symptoms. Ends/Saturday, November 28, 2020 Issued at HKT 18:26 NNNN
Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill to be introduced into LegCo
25.11.2020

The Government will introduce the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill into the Legislative Council (LegCo) to implement the Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region (HKSAR) signed between the Government and the Supreme People's Court on June 20, 2017. A spokesman for the Department of Justice (DoJ) said today (November 25), "There have been calls from the public, the legal sector and the Judiciary for the early implementation of the Arrangement in order to establish a mechanism between the HKSAR and the Mainland to provide for reciprocal recognition and enforcement of judgments in matrimonial and family matters. "The implementation of the Arrangement would be in the interest of parties and families of cross-boundary marriages as it would establish a bilateral mechanism for the relevant Hong Kong judgments to be recognised and enforced in the Mainland and vice versa, and reduce the need for relitigation of the same disputes, hence saving time and cost and relieving emotional distress of the parties." The Bill is modelled on an existing mechanism under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597). It establishes mechanisms in respect of the following: (1) the registration of specified court orders in an effective Mainland judgment given in a matrimonial or family case; (2) the recognition of Mainland divorce certificates; and (3) the application for a certified copy of and certificate for a Hong Kong judgment given in a matrimonial or family case, so as to facilitate a party in seeking recognition and enforcement of the Hong Kong judgment in the Mainland. The above mechanisms will be complemented by relevant court rules to be made after enactment of the Bill. The Arrangement would be brought into operation after completion of the internal procedures in the HKSAR and the promulgation of a judicial interpretation by the Supreme People's Court. A public consultation on a draft of the Bill was conducted by the DoJ in 2019, during which the majority of responses received were supportive of the proposed legislation. The LegCo Panel on Administration of Justice and Legal Services was consulted in March 2018 and February 2019, and expressed support for the legislative proposals. The DoJ has also continued to engage with the key stakeholders, including family law practitioners, in refining the legislative proposals. The Bill will be gazetted on Friday (November 27), and will then be introduced into LegCo on December 2. Ends/Wednesday, November 25, 2020 Issued at HKT 14:30 NNNN
School Mediation Seminar cum Prize Presentation Ceremony of Mediation Essay Competition 2020 held today (with photos)
21.11.2020

The School Mediation Seminar cum the Prize Presentation Ceremony of the Mediation Essay Competition 2020 co-organised by the Department of Justice, Education Bureau, Rotary International District 3450 and Asia Conflict Resolution Institute was held today (November 21). The theme of the School Mediation Seminar was "Mediate your way out of school disputes". Through an armchair discussion, speakers from diverse backgrounds including law, mediation, teaching and social work discussed the use of mediation for disputes in the school context. There was also a sharing session by the winning students of the competition on their essays and their views on resolving conflicts amicably. The seminar ended with a Prize Presentation Ceremony. The seminar was well-received by the education sector. It was hoped that through the seminar, students, parents, teachers and other education workers could all gain an in-depth understanding of mediation and the values behind it, thereby developing a positive and constructive approach in respect of conflict resolution for school disputes. The seminar and the Prize Presentation Ceremony was broadcast online. For more information and details, please visit www.legalhub.gov.hk/events_detail.php?a=116 . Ends/Saturday, November 21, 2020 Issued at HKT 13:35 NNNN