kakase/hk_gov_press_release huggingface dataset:
SJ attends APEC virtual Structural Reform Ministerial Meeting (with photo)
16.6.2021

The Secretary for Justice, Ms Teresa Cheng, SC, attended the virtual Structural Reform Ministerial Meeting of the Asia-Pacific Economic Cooperation (APEC) 2021 today (June 16) to discuss the region's structural policy response to COVID-19 under the overarching theme of structural reform and recovery from economic shocks. Speaking at the session on exploring how a green recovery can support structural reform for sustainable economic growth and recovery from economic shocks, Ms Cheng stated that for economic development to be sustainable, it is important to have a comprehensive legal framework and good regulatory practices conducive to sustainable growth. She highlighted the "Vision 2030 for Rule of Law" launched by the Department of Justice (DoJ) last year, an initiative inspired by the United Nations 2030 Agenda for Sustainable Development. Ms Cheng emphasised that Hong Kong, China (HKC) is committed to supporting APEC economies' sustainable growth and sharing experiences gained from working as a green finance and deal-making centre. She referred to the various initiatives in HKC supporting green technology and innovation and green finance, such as the Green Tech Fund, the Government Green Bond Programme, the Green and Sustainable Finance Grant Scheme and the COVID-19 Online Dispute Resolution (ODR) Scheme (which is in line with the APEC Collaborative Framework for ODR of Cross Border Business-to-Business Disputes) as well as the possible collaboration with the United Nations Commission on International Trade Law to aid further studies on ODR to accelerate digital innovation. Ms Cheng also expressed support for the Enhanced APEC Agenda for Structural Reform, the third Ease of Doing Business Action Plan and the 2022 APEC Economic Policy Report on "Structural Reform and a Green Recovery from Economic Shocks" referred to at the meeting. Before the closing of the meeting, Ms Cheng mentioned the memorandum of understanding signed by HKC and APEC for supporting the creation of the Strengthening Economic Legal Infrastructure sub-fund recently. She said she hoped that all APEC economies can benefit from the sub-fund in their structural reform work. The APEC Structural Reform Ministerial Meeting is chaired by the Minister of Commerce and Consumer Affairs of New Zealand, Dr David Clark, this time. It is a milestone event held every five years to further APEC's structural reform efforts and set in motion the next five-year structural reform agenda of the Economic Committee, which is currently chaired by the Commissioner of Inclusive Dispute Avoidance and Resolution Office of the DoJ, Dr James Ding. Ends/Wednesday, June 16, 2021 Issued at HKT 17:25 NNNN
Speech by SJ at third session of APEC Structural Reform Ministerial Meeting (English only)
16.6.2021

Following is the speech by the Secretary for Justice, Ms Teresa Cheng, SC, at the third session of the virtual Structural Reform Ministerial Meeting of Asia-Pacific Economic Cooperation (APEC) 2021 today (June 16): Thank you, Dr Clark (Chair of the Structural Reform Ministerial Meeting, Dr David Clark). Hong Kong, China recognises the importance of the third EODB (Ease of Doing Business) Action Plan, and would like to thank ABAC (APEC Business Advisory Council) for its recommendations. Hong Kong, China wishes to offer as much support as possible to APEC's efforts in structural reform and strengthening economic legal infrastructure in the region. I have signed a memorandum of understanding with the APEC Secretariat in March to support the creation of the SELI (Strengthening Economic Legal Infrastructure) sub-fund, which will provide funding for APEC economies in assessing and implementing structural reform in relation to their economic legal infrastructure. It is now open for application and I hope that all economies can benefit from it in their structural reform work. Ends/Wednesday, June 16, 2021 Issued at HKT 16:26 NNNN
Transcript of remarks by Secretary for Justice at media session
9.6.2021

​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 (June 9): Reporter: Secretary, could you explain the timing of the proposal? Is it to retain the lawyers in the DoJ? And also, why only legal officers can enjoy this special treatment but not other solicitors? Secretary for Justice: A very interesting question. That's always been troubling me for a while. Why is it that my colleagues in the Department of Justice who are, by their qualification as a solicitor, doing very well and very efficiently with great eloquence and advocacy in the Court of Final Appeal but not being recognised when they are actually even better than their counterparts? For that reason, I have always been thinking how we are going to overcome that problem. It triggered my determination to take this further forward when our Deputy Director of Public Prosecutions, Ms Lam (Ms Vinci Lam, SC), took silk on May 29. That really showed that the formality has to be gone away with, so that in all fairness to those of my colleagues who are having great advocacy with the requisite requirements as provided in Section 31A of the Legal Practitioners Ordinance, they will have the same chance of being considered to be granted this particular recognition that society as a whole will cherish. (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, June 9, 2021 Issued at HKT 16:46 NNNN
Intimidation against judges intolerable
28.5.2021

In response to the criminal intimidation against a judge, the Department of Justice issued the following statement today (May 28): In exercising judicial power, a judge is required to handle cases strictly in accordance with the law and evidence. Article 85 of the Basic Law stipulates that the courts of the Hong Kong Special Administrative Region (HKSAR) shall exercise judicial power independently, free from any interference. A judge in performing judicial duties has received intimidation. The HKSAR Government will take resolute actions and will not tolerate such illegal acts which disregard the law and undermine the rule of law. Police are actively following up on the case in order to apprehend the culprit. Under section 24 of the Crimes Ordinance, anyone who threatens any other person with injury to him/ her shall be guilty and liable on conviction upon indictment to imprisonment for five years. Members of the public are urged not to break the law. Ends/Friday, May 28, 2021 Issued at HKT 23:16 NNNN
"Mediate First" Pledge Event 2021 held today (with photos)
28.5.2021

The "Mediate First" Pledge Event 2021 was held online today (May 28) by the Department of Justice (DoJ) to promote the use of mediation in Hong Kong's various sectors for dispute resolution, complementing the DoJ's long-term policy efforts to promote and develop the wider use of mediation. The event attracted more than 1 300 participants from different sectors of 14 jurisdictions around the globe. The Secretary for Justice, Ms Teresa Cheng, SC, said that the DoJ has spared no effort in promoting mediation both locally and internationally. The relevant work includes the Mediation Mechanism established under the Investment Agreement of the Mainland and Hong Kong Closer Economic Partnership Arrangement for the settlement of investment disputes; the Investment Law and Investor-State Mediator Training Course in Hong Kong co-organised with the International Centre for Settlement of Investment Disputes and the Asian Academy of International Law; working closely with the Department of Justice of Guangdong Province and the Secretariat for Administration and Justice of the Macao Special Administrative Region in the Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference on the establishment of a GBA Mediation Platform; and the Small Claims Mediation Pilot Scheme at the West Kowloon Mediation Centre which provides mediation services to litigants of the Small Claims Tribunal cases. Entitled "Mediate First - Anchoring the Future", the "Mediate First" Pledge Event 2021 started with a webinar comprising three panel discussions. Speakers with different areas of expertise shared their professional insights and experiences on the use of mediation in resolving disputes relating to private wealth matters, in health care disputes, and in resolving employees' compensation claims. The webinar will be followed by the official launch of the "Mediate First" logo, and the Star Logo Award Presentation Ceremony and Signing Ceremony of the "Mediate First" Pledge. This year, a total of 34 pledgees are awarded the Star Logo for their achievements in promoting and adopting mediation in the course of their business operations. Organisations and individuals signing the "Mediate First" Pledge agree to first explore the use of mediation to resolve disputes arising in the course of their business dealings and operations, before pursuing other dispute resolution processes or court litigation. In the past year, 46 pledgees have signed the Pledge to support the use of mediation to resolve disputes, bringing the total of organisations and individuals signing the Pledge to more than 700 since its launch in 2009. Details on the "Mediate First" Pledge Event 2021 are available on its dedicated website . For more information on mediation, please visit the designated Facebook page , LinkedIn and Weibo . Ends/Friday, May 28, 2021 Issued at HKT 16:13 NNNN
HKSAR Government and AAIL sign MoU on Hong Kong Legal Cloud Fund (with photos)
20.5.2021

The Secretary for Justice, Ms Teresa Cheng, SC, signed a memorandum of understanding with the Chairman of the Asian Academy of International Law (AAIL), Dr Anthony Neoh, SC, on the administration of the Hong Kong Legal Cloud Fund today (May 20). The Hong Kong Legal Cloud is an advanced and user-friendly online facility situated in Hong Kong to provide safe, secure and affordable data storage services for the local legal and dispute resolution communities, with a view to enhancing the capability of the profession to harness modern technology in the provision of relevant services. The AAIL will, on a pro bono basis, administer the Hong Kong Legal Cloud Fund (around $15.7 million) for subsidising eligible local legal and dispute resolution professionals to subscribe for the Hong Kong Legal Cloud services provided by the non-profit making non-governmental organisation(s), which will be selected by the Department of Justice after the close of submission on June 1, 2021. The Hong Kong Legal Cloud Fund will, in turn, be used to finance the setup cost and initial operational and promotion costs through disbursement of subscription fees to the selected provider(s), for up to three years. Ms Cheng expressed her appreciation to the AAIL for its assistance and close partnership on this latest lawtech initiative. For more details on the Hong Kong Legal Cloud, please visit the department's webpage at www.doj.gov.hk/en/community_engagement/announcements/hk_legal_cloud.html . Ends/Thursday, May 20, 2021 Issued at HKT 15:45 NNNN
Relevant provisions of Arbitration (Amendment) Ordinance 2021 to come into operation tomorrow
18.5.2021

Part 2 of the Arbitration (Amendment) Ordinance 2021 will come into operation tomorrow (May 19) to fully implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (Supplemental Arrangement) signed between the Government of the Hong Kong Special Administrative Region (HKSAR) and the Supreme People's Court of the People's Republic of China on November 27, 2020. The purpose of signing the Supplemental Arrangement is to amend the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR (Arrangement) which came into effect on February 1, 2000, and bring it more fully in line with the current practice of international arbitration. The Supplemental Arrangement amends the Arrangement, inter alia, by re-defining the scope of application of the Arrangement by way of following the seat of arbitration approach and removing the previous restriction of the Arrangement in order to allow parties to make simultaneous applications to both the courts of the Mainland and the HKSAR for enforcement of an arbitral award, so as to comply with the prevailing international arbitration practice under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The relevant amendments are implemented through the Arbitration (Amendment) Ordinance 2021. A spokesman for the Department of Justice said that the implementation of the Supplemental Arrangement in full will be conducive to the promotion of the development of Hong Kong's legal and dispute resolution services. Hong Kong's status as an international legal hub for legal, deal-making and dispute resolution services will be further enhanced. Ends/Tuesday, May 18, 2021 Issued at HKT 18:39 NNNN
Information on funding of ODR platform rectified
14.5.2021

In regard to the information on funding of the online dispute resolution (ODR) platform presented in the Legislative Council (LegCo) Panel on Administration of Justice and Legal Services (AJLS Panel) today, the Department of Justice (DoJ) made the following rectification: With the establishment of the COVID-19 ODR Scheme under the second round of the Anti-epidemic Fund, eBRAM International Online Dispute Resolution Centre Limited (eBRAM Centre) was allocated a funding support of $50 million for the COVID-19 ODR Scheme. In January this year, with support from members of the LegCo AJLS Panel, the Finance Committee approved funding support of $100 million for the development, enhancement and initial operation of an online dispute resolution and deal making platform by eBRAM Centre. The DoJ has already notified the Clerk to the LegCo AJLS Panel of the above rectification. Ends/Friday, May 14, 2021 Issued at HKT 20:30 NNNN
SJ to sign record of meeting concerning mutual recognition of and assistance to insolvency proceedings in Shenzhen
13.5.2021

The Secretary for Justice, Ms Teresa Cheng, SC, will depart for Shenzhen this afternoon (May 13). She will sign a record of meeting with the Supreme People's Court concerning mutual recognition of and assistance to insolvency proceedings between the courts of the Mainland and the Hong Kong Special Administrative Region tomorrow morning (May 14). She will also attend a forum on legal and practical issues concerning cross-boundary insolvency cooperation between the Mainland and Hong Kong in the afternoon. Ms Cheng will return to Hong Kong on May 15. Ends/Thursday, May 13, 2021 Issued at HKT 16:00 NNNN
HKSAR Government and UNIDROIT sign memorandum of understanding on secondment of legal professionals (with photos)
12.5.2021

The Secretary for Justice, Ms Teresa Cheng, SC, signed a memorandum of understanding (MoU) with the Secretary-General of the International Institute for the Unification of Private Law (UNIDROIT), Professor Ignacio Tirado, for the technical and administrative arrangements relating to the secondment of legal professionals at a virtual signing ceremony today (May 12). Ms Cheng said that the signing of the MoU signified an important milestone for the mutual collaboration between UNIDROIT and the Department of Justice (DoJ), laying a foundation for future development. UNIDROIT is a renowned international organisation with the mandate to modernise, harmonise and co-ordinate private and in particular commercial law between states and to formulate uniform law instruments, principles and rules for such purposes. Ms Cheng expressed her gratitude to UNIDROIT for providing legal professionals in both the public and private sectors with a valuable opportunity to work on and contribute to the development of private international law. The secondment programme will be open for applications for one month from May 20 to June 19. More information will be available on the DoJ's website . ​The virtual signing ceremony was technically supported by the Technical Partner, eBRAM, by leveraging its online platform. Ends/Wednesday, May 12, 2021 Issued at HKT 19:09 NNNN
Improper remarks on sentences meted out by court condemned
7.5.2021

The Department of Justice issued the following statement today (May 7) in response to some improper remarks on sentences meted out by the District Court on May 6. We take exception to the ridiculous remarks made by certain individuals. The four defendants in the case pleaded guilty to a charge under the Public Order Ordinance for knowingly taking part in an unauthorised assembly. The laws of Hong Kong respect and protect the rights and freedoms as provided for under the Basic Law. However, it has been held that such rights and freedoms are not absolute and may be subject to restrictions which are, amongst others, in the interests of public order (ordre public) and the protection of the rights and freedoms of others. In imposing the sentences, the judge stated the sentencing principles in open court. With due process observed, there is a well-established and fair appeal mechanism whereby any dissatisfaction over the sentences ought to be taken up by means of an appeal. Any absurd demand for their immediate release not only disrespects the rule of law but is also seen as an attempt to meddle in Hong Kong's affairs. Members of the public should refrain from making any unsubstantiated accusations against the judicial and legal systems. Also, no one should comment arbitrarily on cases in respect of which legal proceedings are ongoing as the matter is sub judice. Ends/Friday, May 7, 2021 Issued at HKT 20:03 NNNN
Hong Kong ranked third most preferred seat for arbitration globally
7.5.2021

The Department of Justice has welcomed the 2021 International Arbitration Survey released by Queen Mary University of London today (May 7) in which Hong Kong is ranked the third most preferred seat for arbitration worldwide. "Hong Kong's strength in dispute resolution is premised on its infrastructure, business opportunities and pool of talents. Our Judiciary is independent and impartial while our common law system provides a degree of certainty and predictability for investors and the international business community," the Secretary for Justice, Ms Teresa Cheng, SC, said. The shift of the global economy is without a doubt moving to Asia. It is inevitable that more transactions generate more disputes. Ideally, disputes should be dealt with inside the region, preferably where the transactions took place, for reasons of costs and efficiency, and importantly an understanding of the culture. It should be noted that the unique advantage under "one country, two systems" allows Hong Kong to enter into the game-changing interim measures arrangement with the Mainland which took effect in 2019. Hong Kong is the only jurisdiction outside the Mainland where parties to arbitral proceedings would be able to apply to the Mainland courts for interim measures. The availability and enforceability of interim measures plays an important role in the choice of seat of arbitration. Hong Kong has a pool of experienced professionals with international perspectives not just in legal and dispute resolution services but also in areas such as financial services, accounting, engineering, shipping and information technology. "The result of the 2021 International Arbitration Survey is a recognition of our long-standing and unwavering commitment to the promotion of arbitral services. However, we should not be complacent about our existing competitive edge. We endeavour to explore new initiatives with a view to consolidating Hong Kong's status as an international legal hub for legal, deal-making and dispute resolution services," Ms Cheng said. Ends/Friday, May 7, 2021 Issued at HKT 18:05 NNNN
Appointments to Law Reform Commission
29.4.2021

The following is issued on behalf of the Law Reform Commission: The Law Reform Commission (LRC) today (April 29) announced that Mr Chan Chak-ming and Mrs Margaret Leung Ko May-yee have been appointed by the Chief Executive as new members of the LRC for three years with effect from May 1, 2021. Mr Chan has been the Vice-President of the Law Society of Hong Kong since 2018. He is also a current member of the LRC Sub-committee on Outcome Related Fee Structures for Arbitration. The LRC believes that his professional standing and experience in the legal field will further strengthen the LRC's role in proposing law reforms. Mrs Leung is the former Global Co-Head, Commercial Banking, HSBC Group, and the former Vice-Chairman and Chief Executive of Hang Seng Bank Limited. Her strong business acumen and abundant public service experience will surely provide valuable insights into the LRC's work. The Secretary for Justice, Ms Teresa Cheng, SC, who is also the Chairman of the LRC, expressed her heartfelt thanks to the outgoing members, namely Ms Alexandra Lo and Ms Melissa Wu, for their valuable contributions and advice to the LRC over the past few years. With these latest appointments, the LRC will comprise the following members: The Secretary for Justice (Chairman) The Chief Justice of the Court of Final Appeal (ex-officio member) The Law Draftsman (ex-officio member) Ms Winnie Tam, SC Ms May Chan Suk-mei Professor Tan Cheng-han Professor Lutz-Christian Wolff Professor Fu Hualing Mr Stephen Hung Wan-shun Mrs Janice Choi Kwan Wing-kum Mr Chan Chak-ming Mrs Margaret Leung Ko May-yee Ends/Thursday, April 29, 2021 Issued at HKT 11:00 NNNN
HKSAR Government respects rights and freedoms protected under the Basic Law
17.4.2021

In response to some bare assertions that the fundamental rights and freedoms in Hong Kong have been undermined, the Department of Justice today (April 17) issued the following statement: We take exception to those ungrounded comments made by certain politicians. The Government of the Hong Kong Special Administrative Region (HKSAR) always respects and attaches great importance to the rights and freedoms (including the freedoms of assembly, of procession and of demonstration) protected under the Basic Law. However, it should be noted that such rights and freedoms are not absolute and may be subject to restrictions which are, amongst others, in the interests of public order (ordre public) and the protection of the rights and freedoms of others. It is regrettable to note that the sentences imposed by court, in exercising the judicial power independently, draw some criticisms which are believed to be motivated by political overtones. We reiterate that foreign governments should not attempt to interfere in the HKSAR’s affairs under international laws and principles of non-intervention. Ends/Saturday, April 17, 2021 Issued at HKT 16:55 NNNN