kakase/hk_gov_press_release huggingface dataset:
HKSAR and APEC sign memorandum of understanding to establish the APEC SELI sub-fund (with photos)
5.3.2021

The Secretary for Justice, Ms Teresa Cheng, SC, signed a memorandum of understanding with the Executive Director of the Asia-Pacific Economic Cooperation (APEC) Secretariat, Dr Rebecca Fatima Sta Maria, to support the creation of the Strengthening Economic Legal Infrastructure (SELI) sub-fund at a virtual signing ceremony today (March 5). The SELI sub-fund under the APEC Economic Committee, currently chaired by the Commissioner of Inclusive Dispute Avoidance and Resolution Office of the Department of Justice, will provide funding for capacity building work to assist APEC economies to strengthen their economic and legal infrastructure with a view to fostering economic development in the Asia-Pacific region. The establishment of the sub-fund demonstrates the Hong Kong Special Administrative Region's (HKSAR) commitment and contribution to strengthening economic and legal infrastructure in the region, and charts the course for a stronger, closer and more longstanding partnership with APEC. This will also help enhance the HKSAR's visibility and reputation, further consolidating its role as an ideal hub for deal-making and a leading centre for international legal and dispute resolution services in the region and beyond. eBRAM Centre provided technical support for the virtual signing ceremony by leveraging its online platform. Ends/Friday, March 5, 2021 Issued at HKT 11:20 NNNN
No one should interfere with independent prosecutorial decisions
2.3.2021

The Department of Justice (DoJ) today (March 2) stressed that no one should interfere with prosecutorial decisions which are carried out strictly in accordance with the law. In light of recent comments calling for dropping charges against 47 persons who were prosecuted under Article 22 of the Hong Kong National Security Law, the DoJ reiterated that independent prosecutorial decisions are based on an objective assessment of all admissible evidence, applicable laws and the Prosecution Code, without political considerations. Article 63 of the Basic Law stipulates that prosecutions in the Hong Kong Special Administrative Region are made by the DoJ, free from any interference. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction. Any open demand for immediate release of the defendants, in the course of legal proceedings, is considered a disrespect of our judicial and legal systems. It also undermines the rule of law and is seen as an attempt to meddle in Hong Kong's affairs which are internal affairs of the People's Republic of China. The Hong Kong National Security Law expressly provides that human rights such as freedom of speech and assembly, be protected, and legal principles such as presumption of innocence be respected and observed. The DoJ also reminded that it is inappropriate to comment further as the legal proceedings of the case are still ongoing. Ends/Tuesday, March 2, 2021 Issued at HKT 20:02 NNNN
Video message by SJ at 46th session of UN Human Rights Council (with photos/video)
26.2.2021

Following is the full text of the video message by the Secretary for Justice, Ms Teresa Cheng, SC, at the 46th session of the United Nations Human Rights Council today (February 26): Madam President, After the enactment of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, Hong Kong's law and order is restored, and residents can resume their normal daily lives. In the second half of 2019, due to the civil unrest properties and facilities had been damaged, citizens arbitrarily attacked, the functioning of the legislature and government seriously disrupted, and many citizens and police officers were injured. To suppress these violent, subversive and terrorist activities which posed a serious threat to our national security, the Standing Committee of the National People's Congress adopted the National Security Law in June 2020. Like the national security laws of many countries, it makes secession, subversion, terrorist activity, and collusion with foreign forces to endanger national security a crime. The civil unrest has since subsided and the residents can enjoy their lawful rights and freedoms. People are now free to travel without fearing for their personal safety; vigilantism are no longer prevalent and people are free to express different views openly; and people are more respectful of the rights of others whilst exercising their own. In short, Hong Kong has reverted to a safe, rational, inclusive and vibrant society. The National Security Law expressly provides that human rights such as freedom of speech and assembly, be protected, and legal principles such as presumption of innocence be respected and observed. The law enforcement agencies and courts of HKSAR have been entrusted by the Central Authorities to exercise jurisdiction over cases concerning national security offences. When adjudicating cases, the judges in Hong Kong remain independent and impartial in discharging their judicial duties, free from any interference. The National Security Law has been effective in restoring law and order and safeguarding national security. It has provided the necessary conditions for maintaining the long-term prosperity and stability of Hong Kong, and enables Hong Kong residents to enjoy their rights and freedoms in a safe and peaceful environment. The measures are conducive to the rule of law, the protection of human rights, and the successful implementation of the "one country, two systems" policy. This is in the long-term interests of both the country and the two systems. Thank you. Ends/Friday, February 26, 2021 Issued at HKT 23:06 NNNN
Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR: Amendments proposed for Arbitration Ordinance
17.2.2021

The Government will introduce legislative amendments to the Arbitration Ordinance (Cap. 609) 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 in the following aspects: (a) express inclusion of the term "recognition" when referring to enforcement of arbitral awards in the Arrangement for greater certainty; (b) express provision to clarify that a party may apply for preservation measures before or after the court's acceptance of an application to enforce an arbitral award for greater certainty; (c) aligning the definition of the scope of arbitral awards with the prevalent international approach of "seat of arbitration" under the New York Convention; and (d) removal of the previous restriction of the Arrangement, allowing parties to make simultaneous applications to both the courts of the Mainland and the HKSAR for enforcement of an arbitral award. It is not necessary to enact new legislation or amend existing legislation in Hong Kong to implement the above Amendments (a) and (b), while the implementation of Amendments (c) and (d) will require necessary amendments to the Arbitration Ordinance. 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. The relevant Arbitration (Amendment) Bill 2021 will be gazetted this Friday (February 19) and introduced into the Legislative Council on February 24, 2021. The Bill will also update the Schedule to the Arbitration (Parties to New York Convention) Order (Cap. 609 sub. leg. A) and make minor textual amendments to the Arbitration Ordinance. Ends/Wednesday, February 17, 2021 Issued at HKT 19:05 NNNN
Submissions invited for Hong Kong Legal Cloud development and service provision
11.2.2021

The Department of Justice (DoJ) today (February 11) invited local non-profit making non-governmental organisations (NGOs) to make submissions for the development and provision of services of the Hong Kong Legal Cloud. As set out in the 2020 Policy Address, the DoJ is tasked to actively explore the development of the Hong Kong Legal Cloud to enhance the capability of the profession to harness modern technology in the provision of legal and dispute resolution services. The Hong Kong Legal Cloud is an advanced and user-friendly online facility situated in Hong Kong, with specific requirements on security, reliability, affordability, functionality and scalability, etc, to provide safe, secure and affordable data storage services for the local legal and dispute resolution communities. The DoJ will provide around $15.7 million (Hong Kong Legal Cloud Fund) for the development of the Hong Kong Legal Cloud by selected NGO(s) through a public-private partnership. The actual subscription fees as incurred by eligible subscribers to the Hong Kong Legal Cloud will be disbursed from the Hong Kong Legal Cloud Fund to the listed service provider(s) for up to three years to finance its costs for set up, initial operation and promotion of the Hong Kong Legal Cloud. In order to be considered for becoming a listed service provider of the Hong Kong Legal Cloud, interested NGOs should submit relevant information and documents (including all necessary supporting information and documents demonstrating that its system could meet the requirements, and its ability to provide high quality services to the local legal and dispute resolution sectors) on or before June 1, 2021, to the Inclusive Dispute Avoidance and Resolution Office, Department of Justice, 7/F, Main Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong. For more details, please visit the DoJ's webpage at www.doj.gov.hk/en/community_engagement/announcements/hk_legal_cloud.html . Ends/Thursday, February 11, 2021 Issued at HKT 17:50 NNNN
“Rule of Law through Drama” online premiere held today (with photos)
10.2.2021

The Department of Justice (DoJ) today (February 10) held the "Rule of Law through Drama" 2021 online premiere, attracting registrations from over 100 schools and school sponsoring bodies, with around 400 viewers. The "Rule of Law through Drama" is one of the projects under the DoJ's 10-year initiative "Vision 2030 for Rule of Law". It comprises two sets of drama performances entitled "Xie Zhi: The Legend of Justice" and "The Adventure of Mr Auden", specifically produced for lower and upper primary school students respectively. Through lively, interesting and interactive performances, the DoJ hopes that students can learn the proper concept of the rule of law, enhance law-abiding awareness and cultivate a law-abiding spirit. After the premiere, the dramas can be arranged for touring performances in all primary schools in Hong Kong. No fees are required and all primary schools are welcome to participate. If the performance cannot be conducted in schools, an online interactive performance can also be arranged. For further details, please email [email protected] or fax 3016 9682. Ends/Wednesday, February 10, 2021 Issued at HKT 18:08 NNNN
Decisions on appeal or review strictly made in accordance with law
5.2.2021

In response to some media reports that repeatedly resort to biased language to describe the Department of Justice (DoJ)'s decisions on appeal or review in some criminal cases, the DoJ today (February 5) reiterated that all decisions on appeal or review are made after thorough consideration and strictly in accordance with relevant laws. The appeal or review cases are then determined by the courts in accordance with the law. In the course of the legal proceedings, prosecutors of the DoJ have the duty to provide accurate and comprehensive submissions on the law to assist the courts in the determination of cases. In respect of the sentences imposed by the courts, the DoJ will carefully consider the relevant information, including the reports of the prosecutors and the reasons for sentence of the courts. Where appropriate, applications for review of sentence may be instituted by the DoJ in accordance with the Magistrates Ordinance or the Criminal Procedure Ordinance. If the court's verdict of acquittal is perverse or erroneous in point of law, the DoJ may lodge an appeal under the Magistrates Ordinance or the District Court Ordinance. In 2020, the DoJ lodged a total of 17 applications for the review of sentence under section 81A of the Criminal Procedure Ordinance. Of the 12 such applications decided last year, 11 were allowed. The DoJ has all along strived to ensure the proper conduct of its prosecutions. Prosecutors have always adhered to the highest of professional standards in handling criminal cases for justice to be administered with equal measure and in an even-handed manner at all times. Regrettably, some media, without regard to the grounds put forward by the DoJ at the hearings and the reasons for decisions set out in the courts' judgments, use biased expressions in their reports which do not truly reflect the facts. Ends/Friday, February 5, 2021 Issued at HKT 19:22 NNNN
Appointment of Law Officer (International Law) (with photo)
3.2.2021

The Department of Justice (DoJ) announced today (February 3) the appointment of Principal Government Counsel Ms Linda Lam Mei-sau as Law Officer (International Law), with effect from February 3. Welcoming the appointment, the Secretary for Justice, Ms Teresa Cheng, SC, said that with her in-depth legal knowledge, high professional competence and proven leadership skills, Ms Lam is well qualified to take forward the important work of the DoJ's International Law Division. "Ms Lam is a lawyer of outstanding ability and integrity. I have every confidence that she will ably lead the International Law Division to meet the challenges ahead and will act in the best interest of Hong Kong," Ms Cheng said. Ms Cheng again expressed her gratitude to Mr Paul Tsang Keung, who completed his tenure as Law Officer (International Law) in July 2020, for his great and valuable contribution during his term of service. Ranked at Law Officer (DL6) level, the post of Law Officer (International Law) is responsible for, amongst others, advising on the international law aspects of a wide range of complex issues of government policy and overseeing the implementation of bilateral and multilateral agreements, particularly on the surrender of fugitive offenders and mutual legal assistance in criminal matters. Brief biographical notes on Ms Lam are set out below: Ms Linda Lam Mei-sau was called to the Bar in the United Kingdom and Hong Kong in 1991 and was admitted as a solicitor in Singapore in 1993. She was appointed as Crown Counsel in 1994 and promoted to Senior Crown Counsel in 1995, Deputy Principal Government Counsel in 2008, and Principal Government Counsel in 2018. Ms Lam has served in different divisions of the department for 26 years and has been a Deputy Law Officer in the International Law Division between 2017 and 2020. Ends/Wednesday, February 3, 2021 Issued at HKT 15:00 NNNN
Transcript of remarks by Secretary for Justice at media session
20.1.2021

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session at the Legislative Council Complex today (January 20): Reporter: Regarding David Perry's withdrawal from being a prosecutor in a protest-related case, could you tell us why specifically he had chosen not to take the case? And also, what do you make of the statement made by the British Foreign Secretary, Dominic Raab, saying that it was "pretty mercenary" of Mr Perry to be taking up the case to prosecute pro-democracy activists? And also, are you worried that it may become more and more difficult for the Government to hire foreign lawyers, for example, British lawyers, to come to Hong Kong to take cases in Hong Kong? Secretary for Justice: We have very good lawyers in Hong Kong who usually can handle a lot of very difficult cases. But for this particular one as stated in the judgment of Justice Poon, this is a very complicated and difficult case, and also with the view that the laws in Hong Kong may be further developed, we have decided and it was approved by the judge for us to engage an outside counsel, Mr David Perry, who of course is one of the top silks, a very formidable silk from London. The reason his engagement is terminated, I wouldn't quite like to use the way you described, shall we just use it objectively as we said in the press statement, he has expressed concerns about the pressures that we have seen in media, in the United Kingdom community from all sides, and also the question about the quarantine that we have here in Hong Kong. And for those reasons, he has told us and indicated that we should proceed on schedule without him. That is what we are doing and that is exactly how it has happened. As to the comments on what another foreign very high-ranking official has said, I would like to react in this way: the Bar in the UK and in Hong Kong take pride in our independence of the Bar and take pride in our cab-rank rule. The cab-rank rule is one of the very fundamental principles of the independence of the Bar that gives a strong and independent legal sector, which of course, is also conducive to a strong and independent judiciary. We respect the situation that we are now facing and the fact that certain very high-ranking officials have uttered words such as "mercenary" is, with respect, disgraceful, to such a reputable counsel. (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, January 20, 2021 Issued at HKT 18:19 NNNN
Statement by DoJ on instruction of fiat counsel
20.1.2021

In response to media enquiries, the Department of Justice (DoJ) issued the following statement today (January 20): The DoJ had instructed Mr David Perry, QC, to prosecute a trial involving offences of organising and knowingly taking part in an unauthorised assembly under the Public Order Ordinance. Mr Perry, QC, accepted the instruction and his ad hoc admission to the Hong Kong Bar was granted by the Chief Judge of the High Court on January 12, 2021. Since then, there have been growing pressure and criticism from the UK community directed at Mr Perry, QC, for his involvement in this case. Some of the ill-informed criticism conflated the matter with the National Security Law. Mr Perry, QC, expressed concerns about such pressures and the exemption of quarantine, and indicated that the trial should proceed without him. In light of the public interest involved and the imminent trial date, the DoJ has instructed another counsel to prosecute the trial as scheduled. As legal proceedings are still ongoing, it is inappropriate for anyone to comment on the case as it is a matter of sub judice. No one should embark upon baseless speculations. Any unfair and unfounded allegation made with a view to undermining and discrediting our independent criminal justice system will be vehemently refuted. Ends/Wednesday, January 20, 2021 Issued at HKT 11:32 NNNN
Department of Justice releases "Prosecutions Hong Kong 2019"
31.12.2020

The Department of Justice (DoJ) today (December 31) published the "Prosecutions Hong Kong 2019" online ( www.doj.gov.hk/en/publications/yrreviewpd2019.html ), which gives a review of the DoJ's prosecution work of last year. The DoJ always attaches great importance to the discharge of its constitutional duty in criminal prosecutions, free from any interference. Prosecutorial decisions should be based on an objective assessment of all admissible evidence and applicable laws, made strictly in accordance with the Prosecution Code. The Director's Overview of the "Prosecutions Hong Kong 2019" refutes allegations that the prosecution had been delinquent in prosecuting cases related to public order events. Responding to criticisms on the time taken for listing such cases for trials, it is pointed out that the prosecution, at the first hearing, would usually have to apply for an adjournment for further investigations by law enforcement agency. Similarly, most defendants, in exercising their rights, would also apply for time to consider the available evidence, seek proper legal representations and legal advice before taking plea. It is therefore common that there would be a period of time - months usually - in most of these cases before plea could be taken and a further period of time before commencement of trial. The "Prosecutions Hong Kong 2019" also gives an account of the continued effort of the DoJ in promoting public understanding of the criminal justice system and other tasks completed in 2019. Ends/Thursday, December 31, 2020 Issued at HKT 20:13 NNNN
Appointments to Law Reform Commission
31.12.2020

The following is issued on behalf of the Law Reform Commission: The Law Reform Commission (LRC) today (December 31) announced that Professor Fu Hualing, Mr Stephen Hung Wan-shun and Mrs Janice Choi Kwan Wing-kum have been appointed by the Chief Executive as new members of the LRC for three years. The appointments of Professor Fu and Mr Hung will take effect on January 1, 2021, while Mrs Choi's appointment will commence on March 1, 2021. Professor Fu is the Dean of Faculty of Law of the University of Hong Kong and his research interests include human rights and public law. The LRC believes that the expertise of the legal scholar will benefit the LRC in law reform. Mr Hung was the President of the Law Society of Hong Kong from 2014 to 2016. Specialising in criminal law, he is a current member of the LRC Sub-committee on Causing or Allowing the Death of a Child or Vulnerable Adult. His professional standing and substantial expertise in criminal law will certainly be conducive to the LRC's future studies in this regard. Mrs Choi is the Advisor and Legal Director of Sunwah Group and a current Standing Committee Member of the Chinese General Chamber of Commerce, Hong Kong. The LRC believes that Mrs Choi's legal background and extensive experience in the commercial sector will sustain the LRC's broad expertise in delivering effective law reform. 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 Professor Michael Hor, Mr Robert Pang, SC, and Mr Allan Leung, for their valuable contributions and advice to the LRC during their two consecutive terms. 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) Mr Justice Andrew Cheung Kui-nung Ms Alexandra Lo Ms Melissa Wu 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 Ends/Thursday, December 31, 2020 Issued at HKT 11:00 NNNN