kakase/hk_gov_press_release huggingface dataset:
SJ to visit Beijing
27.5.2023

The Secretary for Justice, Mr Paul Lam, SC, will depart on Sunday (May 28) for a five-day visit to Beijing. Mr Lam will call on the Legislative Affairs Commission and the Hong Kong Special Administrative Region Basic Law Committee of the Standing Committee of the National People's Congress, the Supreme People's Court, the Supreme People's Procuratorate, the National Supervisory Commission, the Ministry of Justice, the National Development and Reform Commission, the State-owned Assets Supervision and Administration Commission of the State Council, the Ministry of Commerce, the Ministry of Foreign Affairs, as well as the Hong Kong and Macao Affairs Office of the State Council, and meet with the senior officials of the ministries and authorities to strengthen exchanges and co-operation between the Mainland and Hong Kong on legal and dispute resolution services, so as to fully leverage Hong Kong's unique advantages of enjoying the strong support of the motherland and being closely connected to the world under "one country, two systems", contributing to the promotion of the rule of law development of the country and the city. Accompanying Mr Lam on the visit will include relevant Law Officers and government counsel. Mr Lam will return to Hong Kong on June 2. During Mr Lam's absence, the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, will be the Acting Secretary for Justice. Ends/Saturday, May 27, 2023 Issued at HKT 11:00 NNNN
Third GBA Legal Professional Examination successfully held
27.5.2023

The 2023 Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination (GBA Examination) was successfully held in Hong Kong and Zhuhai today (May 27). The Secretary for Justice, Mr Paul Lam, SC, said, "Under the strong support of the Central Government and the Ministry of Justice (MoJ), the GBA Examination was successfully held three times. We hope that the GBA Examination can be converted from a pilot scheme to a regular examination such that in future, more Hong Kong legal practitioners will obtain practice qualification to provide legal services in the nine Mainland municipalities in the Greater Bay Area (GBA) on specified civil and commercial matters to which the Mainland laws apply. "These lawyers with dual qualification will, in the course of their practice in the GBA, co-operate with their Mainland counterparts and share their respective experiences and collaborate in resolving cross-jurisdictional legal issues that arise in practice. This is conducive to accelerating the nurture of talent in international legal affairs in the GBA, deepening the alignment and harmonisation of rules and mechanisms in civil and commercial matters in the GBA, as well as facilitating the integration of Hong Kong legal practitioners into the national development." Examination venue was set up in Hong Kong for the first and second GBA Examinations in light of the pandemic. Examination venue was again set up in Hong Kong for the third GBA Examination, thereby facilitating the Hong Kong candidates. According to the memorandum of understanding signed by the MoJ and the Department of Justice (DoJ) in 2021, the DoJ co-ordinates with the Hong Kong Examinations and Assessment Authority (HKEAA) in handling examination-related work in Hong Kong. The DoJ is thankful to the HKEAA for its tremendous efforts in ensuring that the GBA Examination can be successfully held in Hong Kong. Ends/Saturday, May 27, 2023 Issued at HKT 18:03 NNNN
​​Criminal Procedure (Amendment) Bill 2023 to be introduced into LegCo
23.5.2023

The Government will introduce the Criminal Procedure (Amendment) Bill 2023 into the Legislative Council (LegCo) to provide for statutory appeal procedures for the prosecution to appeal against rulings of no case to answer (no-case rulings) made by the Court of First Instance (CFI) in criminal trials with a jury; and to appeal by way of case stated against a verdict or order of acquittal given by the CFI constituted by a panel of three judges to try a case concerning offences endangering national security without a jury under Article 46 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL). A spokesman for the Department of Justice said today (May 23) that the proposed new statutory appeal mechanisms are necessary, legitimate and timely responses to address lacunae in the criminal appeal system due to the prosecution's inability to appeal against any no-case rulings and acquittals by professional judges of the CFI that are erroneous, so as to prevent possible miscarriage of justice. (1) No Case to Answer Appeal Proposal Under the current statutory regime, if a CFI judge makes a no-case ruling and directs the jury to acquit the defendant, even if the judge has plainly erred, there is at present no statutory procedure for the prosecution to appeal, and the acquitted defendant cannot be retried. The Bill provides for an appeal mechanism in such circumstances. (2) NSL 46 Appeal Proposal As in criminal cases tried by professional judges such as judges of the District Court and magistrates, if a case concerning offences endangering national security is tried by a three-judge panel in the CFI without a jury, the panel will give reasons for its verdict. However, the prosecution does not have a right to appeal to the Court of Appeal if the defendant is acquitted by the panel even though its reasons for verdict may disclose an error of law. This is contrasted with an acquittal by a judge of the District Court or a magistrate which is subject to appeal by way of case stated under the District Court Ordinance or the Magistrates Ordinance. The Bill provides for an appeal by way of case stated mechanism in such circumstances. The legislative amendments under the two proposals, being procedural in nature, will apply to rulings, verdicts or orders given after the legislative amendments come into operation. The Bill does not undermine a defendant's right to a fair trial, and does not contravene the principle against double jeopardy. The LegCo Panel on Administration of Justice and Legal Services was consulted on the two proposals on February 27 and May 22 respectively. The Panel expressed support for the legislative proposal. The Bill will be gazetted on Thursday (May 25) and introduced into the LegCo on May 31. Ends/Tuesday, May 23, 2023 Issued at HKT 15:14 NNNN
Transcript of remarks by SJ at media session
5.5.2023

Following is the transcript of remarks by the Secretary for Justice, Mr Paul Lam, SC, at a media session at the "Mediate First" Pledge Event 2023 with the theme "Mediate First - Let's Do This Together" this morning (May 5): Reporter: Mr Lam, so how will the District Council reform restore its function as non-political bodies while at the same time ensuring its consultative function? And secondly about remote hearing in courts, some said the registration requirement may not fit the open court principle, so would there be any adjustments to this? Thank you. Secretary for Justice: Firstly, I will try to answer your second question first. The Judiciary has just introduced a bill in relation to remote hearing. I think it is a proposal that should be welcomed. I think the whole purpose of the remote hearing mechanism is to facilitate hearings or court hearings to be conducted in a more efficient manner. Based on the experience that we had during COVID, many court hearings for different practical reasons were unable to be held in the usual manner, and many hearings were successfully held in a fair and proper manner by way of remote hearing. So, there are a lot of merits to formalise the system and to ensure that system can further develop. In so far as remote hearing is concerned, I am sure that some of you who had attended remote hearing will recognise that although witnesses or even counsel may not be physically present in court, the trial is still conducted openly in a sense that people can still hear witnesses giving evidence and counsel making submission. So it is entirely consistent with important principles, for example open justice and other important principles that you have mentioned. Returning to your first question. As I said earlier, it is very important to bear in mind that Article 97 of the Basic Law sets out very clearly the two functions of district organisations, namely to be consulted by the government on matters in relation to district administration and secondly to provide services in various areas. Under our proposal, firstly we have introduced various requirements which you are very familiar with, and then of course we are in the cause of drafting or amending the relevant legislations. We have mentioned that we are in the cause of amending or trying to reform six pieces of principle ordinances plus 14 subsidiary legislations. These details will be announced when the drafting exercise is completed and I can reassure you that when we draft the proposed amendments, we will certainly bear the important principles that were highlighted in mind to ensure that these legislative provisions will reflect the true spirit and intention of Article 97. (Please also refer to the Chinese portion of the transcript.) Ends/Friday, May 5, 2023 Issued at HKT 18:45 NNNN
Hong Kong and Brunei sign Memorandum of Cooperation on dispute avoidance and resolution (with photos)
4.5.2023

The Department of Justice (DoJ) of the Hong Kong Special Administrative Region (HKSAR) and the Supreme Court of Brunei Darussalam signed a Memorandum of Cooperation (MoC) today (May 4) to strengthen their co-operation on issues relating to dispute avoidance and resolution. The Secretary for Justice, Mr Paul Lam, SC, and the Chief Justice of the Supreme Court of Brunei Darussalam, Dato Seri Paduka Steven Chong Wan Oon, signed the MoC at a ceremony held in the Hong Kong Legal Hub. The MoC provides a framework for the HKSAR and Brunei Darussalam to strengthen communication, collaboration and co-operation between them on issues relating to dispute avoidance and resolution and to facilitate development of the related services in the two jurisdictions. It is expected that both places will benefit greatly from the enhanced co-operation under the MoC. This is the fourth similar MoC signed between the HKSAR and other jurisdictions, following the signing of MoCs with Japan, Korea and Thailand, which will further promote Hong Kong's status as a centre for international legal and dispute resolution services in the Asia-Pacific region. The DoJ will continue to pursue and conclude co-operation or partnership arrangements with other jurisdictions and international organisations. During his stay in Hong Kong, the Chief Justice of the Supreme Court of Brunei Darussalam will also visit the Judiciary and law-related organisations, including the AALCO Hong Kong Regional Arbitration Centre, the eBRAM International Online Dispute Resolution Centre and the Hong Kong International Arbitration Centre, at the Hong Kong Legal Hub. Ends/Thursday, May 4, 2023 Issued at HKT 19:45 NNNN
"Mediate First" Pledge Event 2023 to be held May 5
2.5.2023

The "Mediate First" Pledge Event 2023 organised by the Department of Justice (DoJ) will be held on Friday (May 5) under the theme "Mediate First - Let's Do This Together" to further promote the mediation culture. The Secretary for Justice, Mr Paul Lam, SC, and the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, will speak at the event. The Director-General of the International Organization for Mediation Preparatory Office, Dr Sun Jin, will also deliver a keynote speech. Expert speakers including judges, lawyers and mediators will share their insights. There will be an introduction on the use of a case settlement conference to create a synergy effect between the litigation and alternative dispute resolution process, and how everyday disputes can be resolved through mediation. A drama will also be presented to demonstrate how mediation can be used to resolve community, family and peer disputes, so as 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. In addition, the Mediation Information Fair will be held this year for participants to obtain more information on mediation services, mediator training courses and the accreditation mechanism for mediators. The signing ceremony of the "Mediate First" Pledge and a Star Logo Award Presentation Ceremony will be held right after the forum, aiming to encourage the pledgees to continue to fulfil their "Mediate First" pledge and proactively consider using mediation to resolve disputes. A total of 32 pledgees will be awarded the Star Logo this year. The biennial "Mediate First" Pledge Event is fully supported by the two professional legal bodies in Hong Kong and other dispute resolution-related organisations. Please visit the dedicated website for more details, and for registration to participate in or watch the event. Ends/Tuesday, May 2, 2023 Issued at HKT 11:18 NNNN
DSJ to visit Guangzhou and Shenzhen
18.4.2023

The Deputy Secretary for Justice, Mr Cheung Kwok-kwan, will visit Guangzhou and Shenzhen tomorrow (April 19) to further implement and take forward the work of the working group for Guangdong-Hong Kong co-operation on legal and dispute resolution services and the working group on Hong Kong-Shenzhen legal co-operation. This is his first visit to the Mainland cities in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) since taking office. Mr Cheung will call on the Department of Justice of Guangdong Province, the Shenzhen Municipal People's Government, and the Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality. While in Shenzhen, he will also renew with the Shenzhen Municipal People's Government the Co-operative Arrangement on Legal Matters between the Shenzhen Municipal People's Government and the Department of Justice of the Hong Kong Special Administrative Region Government. Mr Cheung will return to Hong Kong in the evening on the same day. Ends/Tuesday, April 18, 2023 Issued at HKT 14:30 NNNN
Increase in amount of damages for bereavement under Fatal Accidents Ordinance proposed
12.4.2023

The Secretary for Justice today (April 12) gave notice to the Legislative Council (LegCo) that he will move a resolution at the LegCo sitting on May 3 to increase the statutory sum to be awarded as damages for bereavement (bereavement sum) under the Fatal Accidents Ordinance (Cap 22) to $242,500. The increased sum will reflect the impact of inflation experienced over the period from 2020 to 2022. A spokesman for the Department of Justice said that the Ordinance was enacted in 1986. It allows an action for damages to be brought against a person for the benefit of the dependants of the deceased in respect of that person's wrongful act, neglect or default which has caused the death of the deceased. An action under the Ordinance may include a claim for damages for bereavement in the sum as prescribed in section 4(3). Section 4(5) of the Ordinance provides that the LegCo may by resolution vary the sum. Since the enactment of the Ordinance, the bereavement sum was adjusted in 1991, 1997, 2018 and 2020. The current sum is set at $231,000. The LegCo Panel on Administration of Justice and Legal Services, the Law Society of Hong Kong, the Hong Kong Bar Association and the Hong Kong Federation of Insurers have been informed of the outcome of the present biennial review and the Government's intention to make the proposed adjustments by making reference to the Consumer Price Index (A). Ends/Wednesday, April 12, 2023 Issued at HKT 16:02 NNNN
Two working groups under Steering Committee on Rule of Law Education established
6.4.2023

The Working Group on Course Design and Teaching Materials (Working Group on Course Design) and the Working Group on Coordination and Liaison (Working Group on Coordination) under the Steering Committee on Rule of Law Education of the Department of Justice (DoJ) were officially established on March 29 and today (April 6) respectively. At the first meeting of the Steering Committee, chaired by the Secretary for Justice, Mr Paul Lam, SC, and vice-chaired by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, held in February, it was agreed that the two working groups should be set up under the Steering Committee to follow up on the work of the "Rule of Law Education Train-the-Trainers Programme". The Working Group on Course Design is chaired by Non-Permanent Judge of the Court of Final Appeal Mr Justice Patrick Chan, while the Working Group on Coordination is chaired by Legislative Council Member Ms Carmen Kan. They are both members of the Steering Committee. The working groups comprise Steering Committee members as well as other stakeholders. The memberships of the two working groups are set out in the appendix. The main scope of work of the Working Group on Course Design is to guide, co-ordinate and examine the structure and key contents of the training course, the design and preparation of the relevant teaching materials under the Programme, and to report to the Steering Committee on its work progress. The main scope of work of the Working Group on Coordination is to co-ordinate the implementation of the Programme, including the invitation of speakers, the recruitment of students, the promotion and publicity of the Programme, the direction and co-ordination of the strategy for further promoting the rule of law in the community, and to report to the Steering Committee on its work progress. The first meeting of the Working Group on Course Design was held on March 29. The Working Group on Coordination will seek to convene its first meeting as soon as possible so as to take forward the relevant work on the implementation of the Programme. The establishment of the Steering Committee and the launch of the Programme are among the key policy initiatives of the DoJ in the 2022 Policy Address. The Programme aims to train people in various sectors of the community and enhance their capability of and effectiveness in passing on correct messages of the rule of law to others through their diversified community works and different roles in society, thereby achieving the objective of promoting rule of law education on all fronts. Ends/Thursday, April 6, 2023 Issued at HKT 16:00 NNNN
Transcript of remarks by SJ at media session
1.4.2023

Following is the transcript of remarks by the Secretary for Justice, Mr Paul Lam, SC, at a media session after attending a radio programme this morning (April 1): Reporter: Mr Lam, are you worried that this will give foreign lawyers a conception that Hong Kong is not welcoming them? Are you worried also that there won't be any foreign lawyers coming due to the complicated procedures, because you said you hope to strike a balance? Secretary for Justice: I am not worried at all. To begin with, we have a system which is not shared by most other common law jurisdictions. In principle, we still retain the system to allow overseas lawyers to come to Hong Kong on an ad hoc basis. In the past, it was not a permission that will be granted by the court as a matter of course. The court will consider whether to allow the overseas lawyer to come to Hong Kong is in the public interest. What we intend to do is to introduce a mechanism for the purpose of safeguarding national security. But even then, we do not intend to impose a complete ban. We introduce the system under which the circumstances of each case will be assessed individually. So there is still a real chance for overseas lawyers to come to Hong Kong, even if to allow him to come to Hong Kong to appear in that particular case may involve national security. So our system, even under our proposed amendments, is very liberal. (Please also refer to the Chinese portion of the transcript.) Ends/Saturday, April 1, 2023 Issued at HKT 11:22 NNNN
Institutions qualified for interim measure applications announced
31.3.2023

The Department of Justice (DoJ) announced today (March 31) the following updated list of qualifying arbitral and dispute resolution institutions and permanent offices under Article 2(1) of 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) effective from April 2, 2023 (listed in arbitrary order): * Hong Kong International Arbitration Centre * Hong Kong Maritime Arbitration Group * South China International Arbitration Center (HK) * eBRAM International Online Dispute Resolution Centre * AALCO Hong Kong Regional 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 Under the Arrangement signed on April 2, 2019, between the DoJ and the Supreme People's Court, parties to arbitral proceedings seated in Hong Kong and administered by eligible arbitral institutions which have been designated would be able to apply for interim measures from the relevant Mainland courts. The designation for institutions or permanent offices qualified under Article 2(1) of the Arrangement will be valid for a period of two years from the date of designation, ending on April 1, 2025, subject to further application for designation upon expiry. The next round of the open application exercise will be launched nearer the time. Depending on the circumstances and operational considerations, the DoJ may update the list or consider future applications from time to time. For details, please visit the DoJ website . Ends/Friday, March 31, 2023 Issued at HKT 12:04 NNNN
Transcript of remarks by SJ after LegCo Panel on Administration of Justice and Legal Services meeting
17.3.2023

Following is the transcript of remarks by the Secretary for Justice, Mr Paul Lam, SC, at a media session after attending the Legislative Council Panel on Administration of Justice and Legal Services meeting this morning (March 17): Reporter: Hello Secretary, why is there a need for a two-tier screening mechanism for overseas lawyers to come and take part in national security cases? And also why is the proposed mechanism not retroactive? How will the Government handle similar cases before the amendment takes effect? Secretary for Justice: Thank you. Well, as you have just mentioned, we have proposed a two-stage process. Before any formal application can be made, an applicant has to submit relevant information together with evidence for one purpose, that is to show that there is a real prospect, a real chance, that his application falls within the exception - namely that to allow his admission to appear in a case concerning national security will not be contrary to the interests of national security. The purpose of this pre-application process is to ensure that the system will not be abused, and that the Chief Executive will only be required to exercise his power under Article 47 of the Hong Kong National Security Law (NSL) in a case where there is substance. In other words, to ensure that groundless applications will not go before the Chief Executive, so as to require him to exercise a very serious and solemn power under the NSL. And as to the second point, I wish to make it very clear that the proposed amendment to the Legal Practitioners Ordinance does not intend to apply to any application which has been made before the enactment of the proposed amendment, including application which has already been processed by the court. (Please also refer to the Chinese portion of the transcript.) Ends/Friday, March 17, 2023 Issued at HKT 14:34 NNNN