kakase/hk_gov_press_release huggingface dataset:
Court imposes sentences in accordance with law
16.4.2021

In response to the comments from overseas politicians concerning the sentences imposed by the District Court today (April 16), the Department of Justice (DoJ) made the following statement: The case in question involves nine defendants who were jointly charged with organising and knowingly taking part in an unauthorised assembly. Two of the defendants pleaded guilty before trial while the remaining seven were convicted of all the charges by the court on April 1. The judge set out the reasons for the verdict in her judgment on the same day, which is publicly available at the Judiciary's website. In imposing the sentences today, the judge also stated the sentencing principles in court. The Government has repeatedly pointed out that where a defendant pleads guilty or is found guilty after trial, it is the court's duty to impose a just and appropriate sentence, applying the relevant principles to the circumstances of the crime and those of the offender. It is crucial that where there is any dissatisfaction over the sentences imposed by the courts, any redress ought to be taken up by means of an appeal or review. We are appalled by open demands for the immediate release of the defendants who admitted to their wrong doing by either pleading guilty to their criminal act or were convicted after trial by the court. Such demands, absurd and menacing as they are, are in blatant violation of international laws and basic principle of non-intervention. Baseless attacks on sentences imposed by the court, which properly and aptly exercises judicial power independently as guaranteed under the Basic Law, manifest a total disrespect to the rule of law. Statements that create a real risk of prejudice to court proceedings in that the public confidence in the due administration of justice is undermined may amount to contempt of court. The DoJ also reminds members of the public that no one should comment arbitrarily on cases in respect of which legal proceedings are still ongoing as the matter is sub judice. Ends/Friday, April 16, 2021 Issued at HKT 19:46 NNNN
“Policies, Strategies and Opportunities” webinar on opportunities for Hong Kong's legal industry under 14th Five-Year Plan held successfully (with photo)
12.4.2021

The "Policies, Strategies and Opportunities" webinar on opportunities for Hong Kong's legal industry under the 14th Five-Year Plan was held successfully this morning (April 12). The event was co-organised by the Law Society of Hong Kong and the Department of Justice, and supporting organisations included Invest Hong Kong and the Hong Kong Chinese Enterprises Association Legal Affairs Steering Committee. The webinar was attended by guest speakers including Vice-Chairman of the 13th National Committee of the Chinese People's Political Consultative Conference Mr C Y Leung and Vice-Chairperson of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress Ms Maria Tam. The Secretary for Justice, Ms Teresa Cheng, SC, delivered the closing remarks for the event. Speakers enthusiastically shared their views and insights on topics including the measures for further promoting and stimulating Hong Kong's cross-boundary trade developments and the latest developments of Hong Kong's dispute resolution services under the 14th Five-Year Plan at the webinar. They also spoke on their experiences in contributing their expertise and career development on the Mainland. In her closing remarks, Ms Cheng pointed out that the 14th Five-Year Plan promotes Hong Kong's development in various key areas and supports Hong Kong in fully utilising its unique status and advantages. These measures will further highlight the importance of Hong Kong as an international dealmaking and legal and dispute resolution services centre. Different sectors of Hong Kong should grasp the opportunities and better integrate into national development by complementing the country's "dual circulation" development strategy. She said she believed that the 14th Five-Year Plan will bring more and better opportunities for the local legal and dispute resolution services sector, and further increase the demand for Hong Kong's legal and dispute resolution services from the Mainland and international communities. The full event will be available for review later at the Hong Kong Legal Hub's website . Ends/Monday, April 12, 2021 Issued at HKT 18:18 NNNN
SJ continues to host sessions for explaining improvements to Hong Kong's electoral system (with photos)
9.4.2021

The Secretary for Justice, Ms Teresa Cheng, SC, hosted two briefing sessions today (April 9) to meet with representatives of the Law Society of Hong Kong and stakeholders in the legal sector to explain the improvements to the Hong Kong Special Administrative Region's electoral system. Ms Cheng said that the improvements enable better implementation of the "patriots administering Hong Kong" principle, and effectively safeguard the constitutional order as set out in the Constitution and the Basic Law. Through synthesising a new democratic electoral system suited to Hong Kong's actual situation and with Hong Kong characteristics, the improved electoral system will put "one country, two systems" back on the right track, thus ensuring the prosperity and stability of Hong Kong. At the briefing sessions, Ms Cheng also appealed to the participants to support the Government in the work of improving the electoral system. Ends/Friday, April 9, 2021 Issued at HKT 16:39 NNNN
Judgment provides explanations on conviction
2.4.2021

In light of comments arising from the conviction of seven defendants who were charged with "organising an unauthorised assembly" and "knowingly taking part in an unauthorised assembly" at the District Court yesterday, the Department of Justice (DoJ) today (April 2) issued the following statement: No one should comment on cases in respect of which legal proceedings are still ongoing as the matter is sub judice. We must reiterate that prosecutorial decisions made by the DoJ are based on evidence, applicable laws and the Prosecution Code. The Prosecution Code explicitly stipulates that prosecutors must not be influenced by political, media or individual interest. Cases are handled with the same benchmark irrespective of the political beliefs or background of defendants. Prosecution would only be commenced and continued if there is sufficient admissible evidence to support a reasonable prospect of conviction and it is in the public interest to do so. Article 63 of the Basic Law expressly guarantees that all prosecutions are free from any interference. The Government 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, such rights and freedoms are not absolute and maybe 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. Over the years, notified public processions and public meetings have taken place peacefully and orderly. It is regrettable to note that the convictions have drawn unfair criticisms with political overtones. Any assertion to suggest that "Beijing eroding Hong Kong's freedoms" is totally baseless. Under the Basic Law, criminal prosecutions are handled by the DoJ independently. The judgment has set out the reasons for the verdict which is publicly available at the Judiciary's website ( legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=134671&currpage=T ). Members of the public are well advised to read the judgment so as to be properly and fairly informed. Ends/Friday, April 2, 2021 Issued at HKT 17:30 NNNN
SJ continues to explain improvements to HKSAR's electoral system (with photos)
1.4.2021

The Secretary for Justice, Ms Teresa Cheng, SC, continued to meet with stakeholders in the community at a briefing session today (April 1) to explain the improvements to the Hong Kong Special Administrative Region (HKSAR)'s electoral system, enabling them to have a better understanding of the matter and thereby render their support. The Standing Committee of the National People's Congress passed the amended Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures for improving the electoral system of the HKSAR. The Department of Justice will give its full support to the Government's work with a view to improving the electoral system as early as possible. Ms Cheng said that the improvements aim to expand the balanced and orderly political participation as well as provide a broader representation of society, reflecting the overall interests of society and signifying an important move to advance Hong Kong's democratic electoral system. To explain to the community on the importance, necessity and legality of improving the HKSAR's electoral system, Ms Cheng has attended briefing sessions for two consecutive days, striving to gain its staunch support. Ends/Thursday, April 1, 2021 Issued at HKT 17:44 NNNN
SJ meets with legal sector on improving Hong Kong's electoral system (with photos)
31.3.2021

The Secretary for Justice, Ms Teresa Cheng, SC, met with the members of the legal sector at two briefing sessions today (March 31) to explain the improvement to the Hong Kong Special Administrative Region's (HKSAR) electoral system, enabling the stakeholders to have a better understanding of the matter and thereby render their support. The Standing Committee of the National People's Congress yesterday (March 30) passed the amended Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" and Annex II "Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures" to the Basic Law for improving the electoral system of the HKSAR. The amendments safeguarded the constitutional order as set out by the Constitution and the Basic Law while enhancing the governance efficacy of the HKSAR. As such, the "one country, two systems" principle will continue to be implemented steadfastly. In addition to giving its full support to the Government's work with a view to improving the electoral system as early as possible, the Department of Justice will provide explanations to the legal community on the importance, necessity and legality of improving the HKSAR's electoral system for gaining their staunch support. Ends/Wednesday, March 31, 2021 Issued at HKT 14:28 NNNN
SJ welcomes passage of amended Annex I and Annex II to Basic Law by NPCSC
30.3.2021

The Standing Committee of the National People's Congress (NPCSC) today (March 30) passed the amended Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" and Annex II "Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures" to the Basic Law of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China. The Secretary for Justice, Ms Teresa Cheng, SC, issued the following statement: I welcome and support the passage by the NPCSC on the amended Annex I and Annex II to the Basic Law for improving the electoral system of the HKSAR. By ensuring that "one country, two systems" is implemented on the right track, the constitutional order as set out by the Constitution and the Basic Law will be effectively safeguarded, thereby achieving the long-term stability, prosperity and safety of the HKSAR. The Central Authorities proactively collected views from various sectors of Hong Kong within a short period of time. The views have been thoroughly considered by the NPCSC. The increase in the size and composition of the Election Committee and the Legislative Council reflect a more balanced and orderly political participation as well as a broader representation of society, signifying an important move to advance the HKSAR's democratic electoral system. The HKSAR Government will complete local legislation and relevant legislative amendments in accordance with the amended Annex I and Annex II to the Basic Law. I will lead the Department of Justice to render full support to the Government's work with a view to improving the electoral system as early as possible to enhance the governance efficacy of the HKSAR. Ends/Tuesday, March 30, 2021 Issued at HKT 13:50 NNNN
SJ and SED visit Community Vaccination Centre at Education Bureau Kowloon Tong Education Services Centre 
17.3.2021

The Secretary for Justice, Ms Teresa Cheng, SC, and the Secretary for Education, Mr Kevin Yeung, today (March 17) visited the Community Vaccination Centre (CVC) at Education Bureau Kowloon Tong Education Services Centre to inspect its operation and to give encouragement to the staff members. Ms Cheng and Mr Yeung were briefed by the centre supervisor on the operation of the CVC, and took the opportunity to chat with the healthcare personnel and staff members working there. They were pleased to note that the CVC, operated by the Hospital Authority, had been operating smoothly, and that the response to the vaccination arrangements has been positive. Ms Cheng and Mr Yeung expressed their gratitude to all the healthcare personnel and staff members there for helping the Government vaccinate members of the public. They also called on members of the public in the priority groups of the COVID-19 Vaccination Programme to be vaccinated early for the protection of themselves and others. Ends/Wednesday, March 17, 2021 Issued at HKT 15:46 NNNN
SJ welcomes National 14th Five-Year Plan
11.3.2021

The Secretary for Justice, Ms Teresa Cheng, SC, welcomed the "Outline of the 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035" (the 14th Five-Year Plan) approved by the fourth session of the 13th National People's Congress today (March 11). The 14th Five-Year Plan demonstrates staunch support of the Central Government towards the Hong Kong Special Administrative Region, and explicitly supports Hong Kong to establish itself as the centre for international legal and dispute resolution services in the Asia-Pacific region. The Department of Justice (DoJ) will continue to liaise and work closely with its Mainland counterparts with a view to implementing more liberalisation measures and other new measures on legal services in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) to the benefit of Hong Kong's legal and dispute resolution service sector. Some of the recent achievements include the GBA Legal Professional Examination, the signing of the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, and the amendment to the Regulations of the Qianhai Shenzhen - Hong Kong Modern Service Industry Cooperation Zone of the Shenzhen Special Economic Zone. The DoJ will also continue to further enhance the work with the Mainland on judicial and dispute resolution matters in civil and commercial cases, as well as strengthen international and regional co-operation, fostering the city's irreplaceable position as a leading international legal hub for deal-making and dispute resolution services. Ms Cheng said that the DoJ will join hands with the legal and dispute resolution profession and other stakeholders to work dedicatedly on fully utilising Hong Kong's unique advantages in legal and dispute resolution services to support and complement the country's development. Ends/Thursday, March 11, 2021 Issued at HKT 16:28 NNNN
SJ welcomes passage of Decision on improving electoral system of HKSAR by NPC
11.3.2021

The National People's Congress (NPC) today (March 11) passed the Decision on improving the electoral system of the Hong Kong Special Administrative Region (HKSAR). The Secretary for Justice, Ms Teresa Cheng, SC, issued the following statement: The Decision is welcomed and I agree that only through "patriots administering Hong Kong" could the "one country, two systems" principle be fully implemented, thereby ensuring the prosperity and stability of Hong Kong and safeguarding the sovereignty, security and development interests of the country. Over the past few years, there have been people disseminating the idea of disobeying the laws, spreading anti-China sentiments to disrupt Hong Kong and advocating openly for "Hong Kong independence". Certain radical separatist forces even entered the HKSAR's governance framework through different elections, and in doing so exposed the clear loopholes of the existing electoral system in Hong Kong. As there will be a number of elections in the coming 12 months, there is a pressing need for the Central Authorities to take the lead to take measures in dealing with the relevant matters. China is a unitary state. According to the constitutional structure of China, power comes from the Central Authorities. The HKSAR enjoys a high degree of autonomy. However, some matters including the constitutional order in relation to the HKSAR are still within the purview of the Central Authorities. It is constitutional and legal for the NPC to adopt a "Decision plus amendment" approach in accordance with the Constitution, the Basic Law, the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and other relevant legal instruments to improve the electoral system of the HKSAR. I will continue to provide explanations to the community on the legal basis of the "Decision plus amendment" approach. The Department of Justice is committed to rendering full support to the Government in completing the legislative amendments and making necessary arrangements for the elections in the coming 12 months with a view to implementing the Decision on improving the HKSAR's electoral system at the earliest possible juncture. Ends/Thursday, March 11, 2021 Issued at HKT 16:25 NNNN
Appointment of Law Draftsman (with photo) 
11.3.2021

The Department of Justice (DoJ) announced today (March 11) the appointment of Mr Michael Lam Siu-chung as Law Draftsman, to head the Law Drafting Division of the department. Mr Lam was selected for the position through a promotion-cum-open recruitment exercise. He will assume duty on March 16. Welcoming the appointment, the Secretary for Justice, Ms Teresa Cheng, SC, said that Mr Lam is a seasoned legislative draftsman with sound professional experience and proven leadership. "Mr Lam is a distinguished lawyer with in-depth legal knowledge and impressive professional competence. I have full confidence that he will aptly lead the Law Drafting Division to meet the challenges ahead and to continue to deliver professional and quality service to the people of Hong Kong," Ms Cheng said. Ms Cheng also expressed her gratitude to Ms Theresa Ann Johnson, who formally completed her four-year tenure as Law Draftsman on January 3, 2020, for her sterling contributions. Upon Ms Johnson's departure, Ms Fanny Ip Fung-king, Principal Government Counsel, has acted as Law Draftsman for administrative convenience until the commencement of her pre-retirement leave on March 16. Ms Cheng conveyed her appreciation for Ms Ip's dedicated and meritorious service for 27 years and wished her a fulfilling and happy retirement. Ranked at the Law Officer (DL6) level, the post of Law Draftsman is responsible for overseeing the drafting of all government legislation and advising on complex and important legal issues identified in the course of developing draft legislation. Brief biographical notes on Mr Lam are set out below: Mr Michael Lam Siu-chung was admitted as solicitor in Hong Kong in 1994. He joined the Law Drafting Division of the DoJ in 1995 as Crown Counsel, and was promoted to Senior Government Counsel in 2000 and Deputy Principal Government Counsel in 2006. He has been serving in the Law Drafting Division for most of his service with the department except for a short stint in the Civil Division. Ends/Thursday, March 11, 2021 Issued at HKT 15:00 NNNN
Statement by DoJ on prosecution procedure
5.3.2021

The Department of Justice (DoJ) today (March 5) issued the following statement setting out the general principles, without commenting on the proceedings of an ongoing case, in the handling of prosecutions: In respect of an application for review of admission to bail lodged by the DoJ yesterday (March 4), it should be noted that the case in question involves application for bail under Article 42(2) of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law). The Court of Final Appeal delivered a judgment on February 9 on how to apply the granting of bail to a person charged with an offence under the National Security Law. According to section 9H of the Criminal Procedure Ordinance (Cap 221), the Secretary for Justice may apply to a judge (a judge means a Justice of Appeal, a judge of the Court of First Instance and a deputy judge of the Court of First Instance) to review the decision of admission to bail by a magistrate. Section 9J of the Ordinance provides that a person may also apply to a judge to be admitted to bail if his or her bail application has been refused by a magistrate. In accordance with section 9I of the Ordinance, when the Secretary for Justice indicates that an application for a review of the decision of admission to bail would be lodged under section 9H, the magistrate shall upon application by the Secretary for Justice if the person so admitted is present, order that the person be detained in custody and be brought before a judge. In general, bail application is heard in chambers (open to public). However, section 9P of the Ordinance shall be observed when making reports of bail proceedings. Section 9P(2) sets out that a report of bail proceedings may contain: (a) the name of the person being the subject of those proceedings; (b) the offence with which the person being the subject of those proceedings is charged; (c) the identity of the court and the name of the magistrate, District Judge or judge, as the case may be; (d) the names of counsel and solicitors, if any, engaged in the bail proceedings; (e) the result of the bail proceedings and where the person being the subject of those proceedings is admitted to bail subject to any condition under section 9D(2), the details of any such condition; (f) where the bail proceedings are adjourned, the date and place to which they are adjourned. In general, arrested persons are required to be brought up before a magistrate as soon as practicable after they have been charged and detained. The presiding magistrate would have to deal with the issue of bail and to settle the upcoming course of the proceedings. In an event that defendants are prosecuted under the same case, it has to be presided over by the same magistrate in accordance with the procedure. The DoJ will not tolerate the malicious attacks on the decision which was made in accordance the law, adding that members of the public should refrain from commenting on any case in which the legal proceedings are still ongoing. Ends/Friday, March 5, 2021 Issued at HKT 17:48 NNNN