kakase/hk_gov_press_release huggingface dataset:
Transcript of remarks by Secretary for Justice on national security law
6.6.2020

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after attending a radio programme today (June 6): Reporter: You said the Department of Justice (DoJ) is still responsible for future prosecutions if the national security law is in place. Does that mean it will co-operate with the national security agency? Can you explain more on the aspect of retrospectivity? What is the exceptional case? Secretary for Justice: I will answer the last question first. At the moment, nobody has seen the draft of the legislation, so it is not possible to say what is going to happen there. Insofar as retrospectivity is concerned, as a matter of principle, criminal charges are not to be made retrospectively, and therefore there ought not be retrospective effect when the law is legislated. However, there is always some exception. The exception arises in relation to treaty and customary international law. But there are generally very small amount of situations. In respect of the role of the DoJ, under Article 63 of the Basic Law, the DoJ is responsible for all criminal prosecution matters without any interference. Therefore, we will make our decision in relation to prosecution, whether or not to prosecute and ultimately to take charge of the prosecution matter in court, in accordance with evidence, the law and the Prosecution Code. This is how we are going to do it. Relevant law enforcement agencies will pass us the file, and probably the Police will be the law enforcement agency. We will have the file and then we will look at it, just as in any other normal way. (Please also refer to the Chinese portion of the transcript.) Ends/Saturday, June 6, 2020 Issued at HKT 10:47 NNNN
Transcript of remarks by Secretary for Justice on national security law
30.5.2020

Following is the transcript of remarks by the Secretary for Justice, Ms Teresa Cheng, SC, at a media session after attending a radio programme today (May 30): Reporter: Secretary, you mentioned during the radio show that it is wrong for the US President to say that Hong Kong has changed into "one country, one system", and you also mentioned that concerns over this security law maybe in breach of the International Covenant on Civil and Political Rights is a wrong notion. Can you talk about that? Also, your concerns that now that the United States is considering sanctions on Hong Kong and China, the possibility of you being sanctioned? Secretary for Justice: Insofar as the alleged basis of taking the sanctioning measures, it is said that we are becoming "one country, one system" with loss of autonomy, that is completely false and wrong. As a matter of fact, people often forget that the Hong Kong Special Administrative Region is part of China, we are one country. Without "One Country", there is not any basis to talk about "Two Systems". Therefore, insofar as the national security is concerned, as in any other country in the world, this is a matter that belongs to the central authorities, whether it is a unitary or federal state. China is a unitary state, and the United States is a federal state. The United States passed its national security laws, so can China. Therefore, it is within the sovereign right of each state to pass relevant national security laws. Insofar as that is concerned, any other state that tries to use coercion or whatever means with a view to interfering with the sovereign right of a state to pass its own national security law is arguably infringing on the principle of non-intervention under public international law, and that is not acceptable. As to the suggestion of certain individuals or perhaps a particular region being sanctioned as a result of China passing the national security law, we step back and look at it in this way: national security is of prime importance to any sovereign state, and any sovereign state must, as a matter of its sovereign right, and indeed duty, to protect the sovereignty, unity and territorial integrity of any state. Therefore, passing national security law is something that any state has to do. If we in Hong Kong has not been able to pass it, notwithstanding Article 23 of the Basic Law, Central Authorities taking these actions are not only legal but necessary and needed. Thank you. (Please also refer to the Chinese portion of the transcript.) Ends/Saturday, May 30, 2020 Issued at HKT 11:31 NNNN
Response to concerns over national security law
25.5.2020

Different views have been expressed in recent days by legal sector on the draft Decision on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security (draft Decision), a spokesman for the Department of Justice today (May 25) issued the following statement to address the concerns: The National People's Congress (NPC) is the highest organ of state power in the People's Republic of China. Under the Constitution, the NPC has the power to introduce laws and other legal instruments including making Decisions. The Decision is to be made pursuant to Article 31, 62(2), (14) and (16) of the Constitution and the relevant provisions of the Basic Law. Under Article 6 of the draft Decision, the NPC delegated the Standing Committee of the NPC (NPCSC) the duty to make the national security law applicable to the HKSAR. National security is outside the limits of the autonomy of the HKSAR but a matter under the purview of the Central Authorities. In view of the current situation in Hong Kong and the difficulty faced by the HKSAR to complete on their own legislation for safeguarding national security in the foreseeable future, the Central Authorities have the right and duty to introduce a national law to improve at the national level the legal framework and enforcement mechanisms for national security for the HKSAR. Such national law is under the ambit of "defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region" as set out in Article 18(3) of the Basic Law. Under Article 23 of the Basic Law, HKSAR is authorised to legislate national security laws, however, it does not preclude the Central Authorities from legislating at a national level for national security. As clearly stated in the draft Decision and the Explanatory Statement of the draft Decision, when making the Decision, the NPC will comply with the laws, the "one country, two systems" principle and also endeavour to safeguard the lawful rights and interests of people in Hong Kong. Article 2 of the Basic Law clearly stipulates that the HKSAR enjoys executive, legislative and independent judicial power, including that of final adjudication. Article 85 also states that the HKSAR courts shall exercise judicial power independently, free from any interference. The independence of the Judiciary is respected and upheld in the HKSAR. Given that the details of the national security law to be enacted by the NPCSC and introduced to Annex III of the Basic Law to be promulgated by the HKSAR are not yet made public at this stage, it is inappropriate for anyone to make unwarranted speculations on the content of the legislation. The HKSAR Government would continue to provide explanation when necessary. It is hoped that members of the public would understand in an objective manner. Ends/Monday, May 25, 2020 Issued at HKT 19:57 NNNN
Increase in amount of damages for bereavement under Fatal Accidents Ordinance proposed
13.5.2020

The Secretary for Justice today (May 13) gave notice to the Legislative Council (LegCo) that she will move a resolution at the LegCo sitting on June 3 to increase the statutory sum to be awarded as damages for bereavement (bereavement sum) under the Fatal Accidents Ordinance (Cap 22) to $231,000. In accordance with the Government's commitment, the proposed increase reflects the outcome of the biennial review of the bereavement sum by making reference to the Consumer Price Index (A) (CPI(A)). The increased sum will reflect the cumulative impact of inflation experienced over the period from March 2018 to March 2020. A spokesman for the Department of Justice (DoJ) 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 and 2018. The current sum is set at $220,000," the spokesman said. 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 CPI(A). Ends/Wednesday, May 13, 2020 Issued at HKT 17:30 NNNN
Outcome of Stage 2 application exercise for space in legal hub announced
8.5.2020

The Department of Justice (DoJ) announced today (May 8) the outcome of the Stage 2 application exercise for allocating space to law-related organisations (LROs) in the Legal Hub for the provision of legal and dispute resolution services. To enhance and promote Hong Kong's status as an international legal hub for legal, deal-making and dispute resolution services, the Government will provide certain space to LROs in the West Wing of the former Central Government Offices (CGO) and the former French Mission Building. Together with the DoJ offices in the Main Wing, the East Wing and part of West Wing of the former CGO, the whole area is intended to form a Legal Hub at the heart of Hong Kong. The Committee on Provision of Space in the Legal Hub considered a total of eight applications received under the Stage 2 application exercise. After assessing the applications based on the relative merits of the respective organisations, the Committee recommended that the application of the following six LROs should be supported. 1. eBRAM International Online Dispute Resolution Centre Limited 2. Global Chinese Speaking Lawyers' Association Limited 3. Hong Kong Academy of Law Limited 4. Hong Kong Maritime Arbitration Group 5. Hong Kong Society of Notaries 6. The Law Society of Hong Kong Taking together the 17 LROs recommended under Stage 1 and supplementary application exercises (information is available at www.doj.gov.hk/eng/public/pr/20170301_pr1.html and www.doj.gov.hk/eng/public/pr/20170609_pr1.html ), a total of 23 LROs have been recommended by the Committee. These LROs, all of which have confirmed acceptance of the offer of space in the Legal Hub, cover a good mix of reputable local, regional and international organisations specialising in different legal or dispute resolution services or functions, thereby reflecting Hong Kong's status as a leading centre for international legal and dispute resolution services in the Asia-Pacific region. The space in the Legal Hub is handed over to the recommended LROs by phases, and they are expected to move in from the second quarter of 2020 onwards. Ends/Friday, May 8, 2020 Issued at HKT 16:00 NNNN
Public services of DoJ to resume as normal from May 4
29.4.2020

The public services provided by the Department of Justice will resume as normal from May 4. The opening hours of the reception counters of the Prosecutions Division and Civil Division, as well as the shroff office of the Civil Division are as follows: * Reception counters Prosecutions Division - 12/F, West Wing, Justice Place, 18 Lower Albert Road, Central Monday to Friday: 9am to 1pm and 2pm to 6pm Civil Division - 6/F, East Wing, Justice Place, 18 Lower Albert Road, Central Monday to Friday: 9am to 1pm and 2pm to 6pm * Shroff office Civil Division - 8/F, West Wing, Justice Place, 18 Lower Albert Road, Central Monday to Friday: 9am to 1pm and 2pm to 4.30pm In order to reduce the risk of the spread of COVID-19, a body temperature check has been arranged for all persons, including staff and visitors, entering the Justice Place through any of its entrances. Anyone found to have fever will be advised to refrain from entering the Justice Place. Body temperature measurements may need to be taken more than once when commuting within the premises. Ends/Wednesday, April 29, 2020 Issued at HKT 15:00 NNNN
LawTech Fund to open for applications on April 28 (with photo)
27.4.2020

The Government has established a LawTech Fund (the Fund) under the Anti-epidemic Fund to assist some small and medium-size law firms and barristers' chambers in procuring and upgrading information technology systems and arranging for their staff to attend lawtech training courses. The Fund will be open for application starting tomorrow (April 28). Eligible law firms and chambers can each be given a reimbursement amount of up to $50,000. The Law Society of Hong Kong and the Hong Kong Bar Association will establish a Joint Committee to process and assess the applications for the Fund, as well as to arrange the disbursement of the funding. It is expected to benefit more than 60 per cent of law firms and more than 50 per cent of barristers' chambers (a total of about 700 firms/chambers) in Hong Kong. Eligibility and application arrangements: • Applications will be accepted from April 28, 2020 (for two months); • The law firm or chamber must have five or fewer practising lawyers as at April 8, 2020 (announcement of the Fund), and at the time of granting the subsidy; • The reimbursable amount is capped at $50,000 for each law firm or chamber; • Subsidies must be used for procuring and upgrading information technology systems (including but not confined to video-conferencing facilities); and • "Lawtech training" refers to the relevant training recognised and approved by the Joint Committee. The application form and the guidance notes are available at the homepages of the Law Society of Hong Kong ( www.hklawsoc.org.hk ) and the Hong Kong Bar Association ( www.hkba.org/covid-19/lawtech-fund ). The Secretary for Justice in her blog has given an outline of the Fund and discussed lawtech ( www.doj.gov.hk/eng/public/blog/20200411_blog1.html ). The Department of Justice expressed its appreciation to the Law Society of Hong Kong and the Hong Kong Bar Association for their practical assistance and close partnership in processing the applications and disbursement of subsidies to benefit eligible law firms and barristers' chambers as soon as practicable. Ends/Monday, April 27, 2020 Issued at HKT 18:11 NNNN
Prosecutions made independently and free from any interference
19.4.2020

In response to certain media reports and local and overseas comments made concerning the arrest and prosecution of a number of persons for organising and participating in unauthorised assemblies, a Government spokesman reiterated that investigations by law enforcement agencies and prosecutions by the Department of Justice (DoJ) are carried out in strict accordance with the law. "Under section 10 of the Police Force Ordinance, the Police have the duty to take lawful measures to arrest persons based on sufficient evidence and according to the laws in force. The Police are duty bound to handle every case in a fair, just and impartial manner," the spokesman said. "Article 63 of the Basic Law provides that 'the Department of Justice of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference.' The prosecutors have always been discharging this constitutional duty independently and professionally, without fear or favour. No one should interfere or attempt to interfere with independent prosecutorial decisions which are based on an objective assessment of all admissible evidence and applicable laws, made strictly in accordance with the Prosecution Code which is available to the public," the spokesman added. As the Secretary for Justice has explained on many occasions, the Prosecution Code of the DoJ provides clear, consistent guidelines and principles for carrying out prosecution work. It is the responsibility of the prosecutors to apply the highest of professional standards in handling all criminal cases. A prosecutor must not be influenced by any investigatory, political, media, community or individual interest or representation. All prosecutorial decisions are based on admissible evidence, applicable laws and the Prosecution Code, without political consideration. Cases will not be handled any differently owing to the political beliefs or background of the persons involved. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction. "The HKSAR Government always respects and protects human rights and freedoms. However, these rights are not absolute. As pointed out by the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020, "it is important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties". As legal proceedings are on-going, it is inappropriate for anyone to comment on the cases as it would create a public discussion which may amount to a trial by the public. No one should embark upon baseless speculations. These types of accusations may be perceived as purporting to influence the proper discharge of public duties," the spokesman said. The rule of law is a core value in Hong Kong. Any unfair and unfounded allegation made with a view to undermining and discrediting our independent criminal justice system is vehemently refuted. Ends/Sunday, April 19, 2020 Issued at HKT 21:04 NNNN
Transcript of remarks by Secretary for Justice at media session
17.4.2020

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 (April 17): Reporter: Secretary, according to your professional opinion, does filibustering constitute misconduct in public office? Is the Department of Justice (DoJ), or will the DoJ be studying whether anything should be done about the House Committee situation? Second question regarding the Reuters report, are you basically saying that some of these concerns expressed by senior judges are basically unfounded? Since these concerns are not going away as they are raised over and over again, is there anything the DoJ is going to do about it? Secretary for Justice: The DoJ is not going to comment on any specific acts, especially if those specific acts are now under the scrutiny of certain investigation or law enforcing agency, allegedly. We do not know what is happening, and therefore it would be inappropriate for me to comment on any specific case, so pardon me for not directly answering the first question. I have given you the elements regarding misconduct in public office, and whether a particular individual will or will not meet that particular situation will depend on the evidence and the applicability and the context and everything. As to the report from certain reporting about our judicial independence, I think it is extremely important that I utilise this opportunity to ask you all to look at what the Chief Justice has said on April 15, after those reports came out. I do not have the exact English wording here, but you will see from those wordings that the Chief Justice stated that since his taking office in 2010, he has not encountered nor experienced any interference from the Mainland authorities in any shape or form that affects judicial independence, including the appointment of judges. I think that is a very important matter that I hope all should take into account when looking at the article. Nothing is better than the direct evidence of the Chief Justice himself telling us that there is not any such interference. Thank you. (Please also refer to the Chinese portion of the transcript.) Ends/Friday, April 17, 2020 Issued at HKT 14:41 NNNN
Latest arrangements for Department of Justice services
28.3.2020

To align with the special work arrangements announced by the Government to reduce the risk of the spread of COVID-19 in the community, the Department of Justice announced today (March 28) that the department will continue to provide the following basic and essential services until resumption of normal services: * Reception Counters Prosecutions Division - 12/F, West Wing, Justice Place, 18 Lower Albert Road, Central Monday to Friday 9am to 1pm and 2pm to 6pm Civil Division - 6/F, East Wing, Justice Place, 18 Lower Albert Road, Central Monday to Friday 9am to 1pm and 2pm to 6pm * Shroff Office Civil Division - 8/F, West Wing, Justice Place, 18 Lower Albert Road, Central Tuesday and Thursday 9am to 1pm and 2pm to 4.30pm Members of the public and the legal profession can continue to serve or submit court documents and other correspondence in matters handled by the two Divisions to the respective counters and make payments to the Shroff Office. While the documents will be processed as quickly as possible, the response time may be longer than usual. Ends/Saturday, March 28, 2020 Issued at HKT 15:46 NNNN
Special work arrangements for Department of Justice between March 23 and 27
22.3.2020

To align with the special work arrangements announced by the Government to reduce the risk of the spread of COVID-19 in the community, the Department of Justice announced today (March 22) that the department will provide the following basic and essential services next week: * Reception Counters Prosecutions Division - 12/F, West Wing, Justice Place, 18 Lower Albert Road, Central March 23 to 27, 2020 (Monday to Friday) 9am to 1pm and 2pm to 6pm Civil Division - 6/F, East Wing, Justice Place, 18 Lower Albert Road, Central March 23 to 27, 2020 (Monday to Friday) 9am to 1pm and 2pm to 6pm * Shroff Office Civil Division - 8/F, West Wing, Justice Place, 18 Lower Albert Road, Central March 24, 2020 (Tuesday) and March 26, 2020 (Thursday) 9am to 1pm and 2pm to 4.30pm Members of the public and the legal profession can continue to serve or submit court documents and other correspondence in matters handled by the two Divisions to the respective counters and make payment to the Shroff Office. While the documents will be processed as quickly as possible, the response time may be longer than usual. Ends/Sunday, March 22, 2020 Issued at HKT 13:00 NNNN