kakase/hk_gov_press_release huggingface dataset:
LRC sub-committee formed to study outcome related fee structures for arbitration
25.10.2019

The following is issued on behalf of the Law Reform Commission: The Law Reform Commission (LRC) announced today (October 25) that a sub-committee has been formed to study the topic of outcome related fee structures for arbitration. In the course of its study, the Outcome Related Fee Structures for Arbitration Sub-committee will review the current position relating to outcome related fee structures for arbitration, consider whether reform is needed to the relevant law and regulatory framework and, if so, make such recommendations for reform as appropriate. At present, Hong Kong lawyers are prohibited from charging outcome related fees in arbitration. Lawyers in some jurisdictions could offer flexible fee structures to clients in arbitration. In view of Hong Kong being a leading centre for arbitration services in the Asia-Pacific region, the LRC sees the value in studying this topic for arbitration. For more details about the sub-committee, please visit the LRC's website ( www.hkreform.gov.hk/en/projects/fee_structures_for_arbitration.htm ). Ends/Friday, October 25, 2019 Issued at HKT 18:20 NNNN
Transcript of remarks by Secretary for Justice at media session
23.10.2019

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after the Legislative Council meeting today (October 23): Reporter: Will the Hong Kong Government give the Police's testament statement that Chan Tong-kai allegedly admitted that he killed the girl to the Taiwan authorities in the form of co-operation? Secretary for Justice: This will be very much a matter that will have to be operated at the working level between the Police and relevant authorities in Taiwan, insofar as the law permits, and insofar as it is doable. I am sure in Hong Kong we will do everything we can to ensure that justice is being done. Reporter: Is it a part of judicial co-operation? Secretary for Justice: We do not at the moment have a legal framework that will allow a formal arrangement for that. But at the working level, there are many things that the Police and the other relevant law enforcement agencies may be able to do. Thank you very much. (Please also refer to the Chinese portion of the transcript.) Ends/Wednesday, October 23, 2019 Issued at HKT 16:42 NNNN
Statement by DoJ on legal issues relating to Taiwan homicide case
22.10.2019

In response to some views that Hong Kong has jurisdiction over the Taiwan homicide case, the Department of Justice (DoJ) today (October 22) issued the following statement: Hong Kong has a common law system. Anyone who has a clear understanding of our law would understand that Hong Kong adopts the territoriality principle in respect of criminal jurisdiction. In general, such jurisdiction applies only when the whole or part of the criminal act takes place within Hong Kong's boundary. In response to views that Hong Kong should have jurisdiction over the homicide case given that the victim and the suspect are both Hong Kong citizens and that the crime was planned in Hong Kong, the DoJ must reiterate that it has already carefully and comprehensively considered the Police's investigation and the available evidence. There has only been sufficient evidence in Hong Kong to institute criminal prosecution in Hong Kong courts against the suspect for money laundering but not for other offences. In making prosecutorial decisions, the DoJ has always taken into account the available evidence and applicable laws, and acted independently in accordance with the Prosecution Code. A prosecution would only be commenced if there is sufficient admissible evidence to demonstrate a reasonable prospect of conviction. The DoJ would never institute prosecutions without sufficient evidential and legal bases. Furthermore, if the suspect is acquitted in Hong Kong, under the legal principle of double jeopardy, it may not be possible for subsequent prosecution of the same criminal act in another jurisdiction, with the result that the suspect may not be held legally responsible for his criminal act. Making arbitrary demands to prosecutorial institution to commence prosecutions without sufficient evidential and legal bases is neither responsible nor does it accord with the principle of administration of justice. Anyone who committed an offence and completed serving his sentence would be released from prison. There is no legal basis for the Government to detain any discharged prisoner arbitrarily. The rule of law is a fundamental core value of Hong Kong such that government departments must carry out their duties according to the law and must not exercise their authority arbitrarily. It is the responsibility of every civilised society to bring those who break the law to justice. Justice could be served by the suspect surrendering himself voluntarily in response to an arrest warrant and facing the legal consequence willingly. Refusing to let the suspect surrender is not only in defiance of justice but also an irresponsible act contrary to the rule of law. Ends/Tuesday, October 22, 2019 Issued at HKT 23:02 NNNN
DoJ clarifies rumours on curfew
8.10.2019

In response to an online forum saying that the Secretary for Justice has discussed with lawyers on the legal consequences and the corresponding measures of a curfew on several occasions, a spokesman for the Department of Justice today (October 8) clarified that the allegations were totally fabricated and unfounded. Ends/Tuesday, October 8, 2019 Issued at HKT 17:11 NNNN
Transcript of remarks by SJ and S for S on Prohibition on Face Covering Regulation
5.10.2019

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, and the Secretary for Security, Mr John Lee, at a media session after attending a radio programme today (October 5): Reporter: We have seen many radical protests in many districts last night after the law was announced. So would you say that the law was like adding oil to fire? That is the first question. And the second question is as in previous Chinese question, we see that some airline workers or those working for Chinese companies may fear retaliations from their employers, and they may wear masks when they go to some legal, authorised protests. But now they can't do that. Would you say this restrict their own rights? Thank you. Secretary for Justice: Can I perhaps answer the second question first? Hong Kong respects the freedom of speech, freedom of assembly and, of course, privacy. But these rights are not absolute. Therefore, by regulating or providing the Prohibition on Face Covering Regulation, it provides a balance in the light of the current situation. In the past, people have been participating in these protests, demonstrations, meetings, which are peaceful and in accordance with the law. In other words, these have been notified to the Police where such is necessary. These have not caused any problem. So we really fail to see why there is this concern, bearing in mind that we not only have the laws that respect the right and freedom, we also have laws that we regulate employment regulations and so on. So I think that’s my response to the second question. Secretary for Security: The introduction of the anti-mask regulation is to make sure that those who commit crimes and commit violence will have to face justice, so that they cannot hide behind their masks to escape their responsibilities. What is adding oil to violence is people's support to these acts or people's acquiescence in finding reasons for these violence to continue. So what is important is that everybody comes out to say "no! society will not accept violence". Violence is not a solution whether you are asking for is right or wrong - that is not the method. Society would not allow it. That is what we should all do. By not saying these things, people are adding oil to this violence. (Please also refer to the Chinese portion of the transcript.) Ends/Saturday, October 5, 2019 Issued at HKT 15:06 NNNN
Statement by the Department of Justice
30.9.2019

In response to an incident in which a Senior Public Prosecutor was surrounded and verbally abused after a hearing at the High Court last Friday, a spokesman for the Department of Justice (DoJ) today (September 30) stressed that such behaviour should not be tolerated. While prosecutors are not immune from criticisms, they should not become victims of such unwarranted abuses. Prosecutors conduct criminal prosecutions not because of their personal interests, they do so on behalf of the public as "ministers of justice"; any arbitrary attack on our prosecutorial work would undermine our rule of law. In respect of prosecutorial decision in every case, the DoJ must make an objective and professional assessment of the available evidence and applicable law, focusing on the acts of the offenders, irrespective of any political beliefs or background of the persons involved. There is no political consideration. We have all along been discharging prosecutorial duties fairly and without prejudice or favour. Our prosecutors will continue to uphold the above principle professionally and independently in the pursuit of justice. Ends/Monday, September 30, 2019 Issued at HKT 20:25 NNNN
Interim measures arrangement to take effect tomorrow
30.9.2019

A spokesman for the Department of Justice (DoJ) said that the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region will come into operation tomorrow (October 1). "Currently Mainland laws do not allow parties to arbitral proceedings in other jurisdictions to apply to a people's court in the Mainland for interim measures. After the Arrangement takes effect, parties to arbitral proceedings which are seated in Hong Kong and administered by designated arbitral institutions would be able to seek assistance from the relevant people's courts in the Mainland. The implementation of the Arrangement would enhance the competitiveness of our international arbitration services," the spokesman added. A seminar on the Arrangement, co-organised by the DoJ and the Supreme People's Court, will be held on October 19. Details can be found at the following website: www.hkiac.org/events/seminar-arrangement-concerning-mutual-assistance-court-ordered-interim-measures-aid-arbitral . The list of institutions and permanent offices qualifying under the Arrangement and other relevant information can be found at the DoJ website: www.doj.gov.hk/pdf/2019/list_of_institutions_e.pdf . Ends/Monday, September 30, 2019 Issued at HKT 15:02 NNNN
SJ visits Seoul to strengthen legal co-operation (with photos)
26.9.2019

The Secretary for Justice, Ms Teresa Cheng, SC, highlighted Hong Kong's strength as an ideal hub for deal making and dispute resolution, and promoted Hong Kong's legal and dispute resolution services, in her visit to Seoul today (September 26). Attending a breakfast session hosted by the Law Society of Hong Kong and the Hong Kong Bar Association during the Annual Conference of the International Bar Association in the morning, Ms Cheng delivered a speech on "Hong Kong's Unique Role as an International Legal Hub under 'One Country, Two Systems'". She introduced the unique features of "one country, two systems", adding that Hong Kong has adopted various initiatives to illustrate its strength as an international dispute resolution centre and an ideal deal making hub. Those initiatives include arbitration in intellectual property rights, arrangements with the Mainland on interim measures in aid of arbitration and third party funding for arbitration. She also gave a brief account on the latest situation in Hong Kong. Ms Cheng called on the Chinese Ambassador to the Republic of Korea, Mr Qiu Guohong, in the afternoon during which she gave a brief introduction of the latest legal developments in Hong Kong. Upon arrival in Seoul yesterday, Ms Cheng visited the Ministry of Justice of Korea and signed a Memorandum of Co-operation (MoC) with the Vice Minister of Justice of Korea, Mr Kim Osu. The MoC provides a framework for Hong Kong and Korea to strengthen communication, collaboration and co-operation between them on issues relating to dispute avoidance and resolution. It is expected that Hong Kong and Korea will benefit greatly from the enhanced co-operation under the MoC. Ms Cheng hosted a dinner for some prominent international and local legal experts and practitioners in Seoul last night. She introduced the latest legal developments in Hong Kong and exchanged views with them, highlighting the policy initiatives of Hong Kong in the field of dispute resolution. She also briefed the guests of the latest developments in Hong Kong. Meanwhile, colleagues from the Department of Justice, who accompanied the Secretary for Justice to Seoul, also visited yesterday morning the United Nations Economic and Social Commission for Asia and the Pacific's Subregional Office for East and North-East Asia, and the United Nations Commission on International Trade Law's Regional Centre for Asia and the Pacific, both located in Songdo, Incheon, to explore further collaboration opportunities with the two organisations. Ms Cheng will return to Hong Kong today. Ends/Thursday, September 26, 2019 Issued at HKT 15:10 NNNN
Institutions qualified for interim measure applications announced
26.9.2019

The Department of Justice (DoJ) announced today (September 26) the following list of qualifying arbitral and dispute resolution institutions and permanent offices which are eligible for applying to the Mainland courts for interim measures (listed in arbitrary order): * Hong Kong International Arbitration Centre * China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center * International Court of Arbitration of the International Chamber of Commerce - Asia Office * Hong Kong Maritime Arbitration Group * South China International Arbitration Center (HK) * eBRAM International Online Dispute Resolution Centre The DoJ and the Supreme People's Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (Arrangement) on April 2. Hong Kong became the first jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by its arbitral institutions would be able to apply to the Mainland courts for interim measures. This game-changing measure aims at preventing one of the parties from deliberately destroying the evidence or transferring the property and also ensuring that the arbitral proceedings can be carried out effectively. The commencement of the Arrangement marks our strengths under "one country, two systems" and enhances Hong Kong's competitiveness in international arbitration services, further strengthening Hong Kong's status as a leading centre for international legal and dispute resolution services in the Asia-Pacific Region. The Arrangement will come into effect on October 1, 2019 and will apply to applications for interim measures made to the courts on or after that date. Depending on the circumstances and operational considerations, the DoJ may update the list or consider future applications from time to time, or at regular intervals. For details, please visit the DoJ website ( www.doj.gov.hk/eng/public/interim_measures_outcome.html ). Ends/Thursday, September 26, 2019 Issued at HKT 15:00 NNNN
Secretary for Justice to visit Seoul
24.9.2019

The Secretary for Justice, Ms Teresa Cheng, SC, tomorrow (September 25) will leave for Seoul, Korea, to promote the legal and dispute resolution services of Hong Kong and explore co-operation between the two places. During her stay in Seoul, Ms Cheng will visit the Ministry of Justice of Korea and meet legal experts and practitioners in Korea. She will also speak at a breakfast session hosted by the Law Society of Hong Kong and the Hong Kong Bar Association during the Annual Conference of the International Bar Association, and call on the Embassy of the People's Republic of China in Korea. Ms Cheng will return to Hong Kong on September 26. Ends/Tuesday, September 24, 2019 Issued at HKT 16:00 NNNN
First Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference held in Hong Kong (with photos)
12.9.2019

The Department of Justice together with the Department of Justice of Guangdong Province and the Office of the Secretary for Administration and Justice of the Macao Special Administrative Region held the first Guangdong-Hong Kong-Macao Bay Area Legal Departments Joint Conference (the Joint Conference) in Hong Kong this morning (September 12). Those attending the Joint Conference included the Director-General of the Department of Justice of Guangdong Province, Mr Zeng Xianglu; the Secretary for Justice, Ms Teresa Cheng, SC; and the Secretary for Administration and Justice of the Macao Special Administrative Region Government, Ms Sonia Chan. The main purpose for setting up the Joint Conference is, in accordance with the guiding directions set out in the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, to strengthen the legal exchanges and collaborations between Guangdong, Hong Kong and Macao with a view to jointly promoting legal development in the Greater Bay Area, thereby providing more comprehensive and inclusive legal and dispute resolution services to enterprises. At the meeting, the three parties agreed to establish a joint conference mechanism among the legal departments, which will be hosted in the three locations alternately to discuss work progress and research priorities on legal exchanges and collaboration. Speaking at the Joint Conference, Ms Cheng pointed out that "one country, two systems and three jurisdictions" are the characteristics of the Greater Bay Area. Guangdong, Hong Kong and Macao should seize the opportunity to show their respective strengths and provide innovative and diversified legal services to enterprises in the Greater Bay Area. She also put forward some specific proposals, including the establishment and implementation of a mediation platform in the Greater Bay Area and widening the application of Hong Kong law. Ms Cheng expressed gratitude to her counterparts in Guangdong and Macao for their support in setting up the Joint Conference. She is confident that the Joint Conference could achieve good results and work towards the goal of the Outline Development Plan to provide quality, effective and convenient judicial and legal services and safeguards for the Greater Bay Area. Ends/Thursday, September 12, 2019 Issued at HKT 17:30 NNNN
HCCH Judgments Convention successfully held (with photos)
9.9.2019

The "2019 HCCH Judgments Convention: Global Enforcement of Civil and Commercial Judgments" (the Conference), organised by the Hague Conference on Private International Law (HCCH) and the Department of Justice (DoJ), with the support from the Asian Academy of International Law, was successfully held in Hong Kong today (September 9). The HCCH is a leading global intergovernmental organisation in the field of private international law. It develops and services multilateral legal instruments on private international law to respond to global needs. Today's event is the inaugural global conference for the promotion of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Convention) which was concluded on July 2. The Conference was officially opened by the Director-General of the Department of Treaty and Law of the Ministry of Foreign Affairs, Mr Jia Guide; the Secretary for Justice, Ms Teresa Cheng, SC; and the Secretary General of the HCCH, Dr Christophe Bernasconi. More than 200 participants from 18 jurisdictions were addressed by 15 speakers who are practising and academic lawyers, judges and officials from Asia, Europe and Latin America and had participated or were involved in the negotiation of this ground-breaking new international convention. The Conference offered an international forum for the participants to exchange views on the Convention, which aims at enhancing legal certainty and predictability, and simplifies the recognition and enforcement of a judgment in other jurisdictions, ultimately facilitating the global circulation of judgments with less transaction and litigation costs as well as risks associated with cross-border dealings, and hence promoting effective access to justice. The origin, salient features and implications on cross-border trade and dispute resolution of the Convention were also discussed. The DoJ in recent years has been actively promoting Hong Kong's legal and dispute resolution services in the Asia Pacific region with a view to enhancing Hong Kong's position as a prime, global dispute resolution centre. To this end, the DoJ organises and supports trainings and capacity-building programmes relating to international law, judicial skills and dispute resolution for judges, government officials and members of the legal community in Asia and around the world from time to time. The Conference represented one of its efforts in such initiative. For more details about the Conference, please visit the website ( www.hcchjudgmentshk.org ). Ends/Monday, September 9, 2019 Issued at HKT 18:00 NNNN
HKSAR and High People's Court of Guangdong Province sign framework arrangement on legal exchange and mutual learning (with photos)
7.9.2019

The Secretary for Justice, Ms Teresa Cheng, SC, signed a framework arrangement with the President of the High People's Court of Guangdong Province, Mr Gong Jiali, on exchange and mutual learning in legal aspects between Hong Kong and Guangdong (the Arrangement) in Shenzhen today (September 7) to strengthen legal exchange and collaboration in the Greater Bay Area. The Arrangement will facilitate courts in Guangdong and relevant legal bodies in Hong Kong to launch projects on legal aspects for mutual exchanges and collaboration to enhance the legal development and safeguard in the Greater Bay Area. Ms Cheng also attended a seminar organised by the Department of Justice, the High People's Court of Guangdong Province and the Shenzhen Intermediate People's Court under the Arrangement.The seminar on September 7 gathered Mainland judges to discuss the development of judicial scrutiny of arbitral awards. Ms Cheng together with some 30 members of legal sector will continue to attend the seminar in the series in Shenzhen tomorrow (September 8) and return to Hong Kong on the same day. Ends/Saturday, September 7, 2019 Issued at HKT 19:00 NNNN