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                                     Department of Justice                       Online Version
I: B - W: WJDepartment of - Department of Justice
Features

Message from the                                                         In This Issue
Secretary for Justice
The Department of Justice is excited to present                          Features
the inaugural issue of“Justice in Focus”, a new                          HK Legal Week 2019............................................................................ 01
publication for sharing with the international and                       Vision 2030 for the Rule of Law............................................................ 04
local communities our work and our continuous                            HK Arbitration Week ............................................................................. 05

efforts in delivering our pledge —“Rule of Law and                       Investment Law and Investor State Mediator Training ......................... 05

Justice for All”.                                                        Public Consultation on the CISG ......................................................... 06
                                                                         Online Dispute Resolution Developments under APEC ...................... 08

In this inaugural issue, you will find news about
the major activities and events organised by the                         What’s New?
Department or attended by our officers around the                        Legal Updates...................................................................................... 09

world from late 2019 to early 2020. You will also find                   New Legislation for Fighting COVID-19 ............................................... 10

updates on the initiatives of the Department and
relevant legislative or policy proposals discussed at                    Global and Mainland Connections
the Legislative Council. We hope you enjoy reading                       DOJ Global and Mainland Connections Map...................................... 12
Justice in Focus.                                                        International Forum on Electronic Apostille Programme ..................... 13
                                                                         Participation as Third Party in WTO Hearing in Geneva ...................... 14

Justice in Focus is available online at www.doj.gov.hk. For              AALCO 58th Annual Session................................................................. 14            Secretary for Justice Teresa Cheng delivering her welcoming remarks at the 3rd UNCITRAL Asia-Pacific Judicial Summit

the Department’s upcoming events and a wealth of                         Combating Money Laundering & Counter-financing of Terrorism ....... 15

other information about Hong Kong’s legal services,
you can visit www.legalhub.gov.hk.
                                                                         12th ASEAN-China Prosecutors-General Conference .......................... 16
                                                                         North-East Asian Multistakeholder Forum on Sustainable
                                                                                                                                                                                  HONG KONG LEGAL WEEK 2019 –
                                                                         Development Goals ............................................................................. 17
                                                                         SJ’
                                                                           s Duty Visit to Guangzhou.............................................................. 18
                                                                                                                                                                                  INCLUSIVE, INFORMATIVE,
                                                                         Department of Justice Hosts Seminars in Beijing ............................... 19                       INNOVATIVE AND INTERACTIVE
                                                                         Prosecuting Waste Crimes................................................................... 19
  Editorial Board                                                                                                                                                                 Aspiring to achieve the four“I”s – to be inclusive, informative,             members of international organisations with experience and
                                                                         HK-Zhuhai-Macao Bridge Visit ............................................................. 20
  • Audrey Parwani     (Prosecutions Division)                                                                                                                                    innovative and interactive – the inaugural Hong Kong Legal                   expertise in international trade and private international law.
  • Jane Tang          (International Law Division)                                                                                                                               Week was held from 4 to 8 November 2019 comprising three
  • Jasmin Cheung      (Board Chairperson)                               Community Connections                                                                                    significant events: the 3 rd UNCITRAL Asia-Pacific Judicial                  Themed“Deal-making and Dispute Resolution in the Digital
  • Jenny Law          (Legal Policy Division)                           Staff Club Campaign to Combat COVID-19 ........................................ 21                       Summit 2019, the 32nd LAWASIA Annual Conference and the                      Economy: The Role of the Judiciary,”the summit was
  • Liz Wong           (Administration and Development Division - also                                                                                                            inaugural Hong Kong Mediation Lecture.                                       officially opened by Permanent Judge of the Court of Final
                       Board Secretary)
  • Samuel Lee         (Civil Division)                                  Knowledge and Skill                                                                                      THE 3RD UNCITRAL ASIA-PACIFIC
  • Wallance Ng        (Law Drafting Division)                           Enhancement Programmes                                                                                   JUDICIAL SUMMIT
                                                                         Oxford Advanced Management and Leadership Programme ............ 22                                      Hong Kong Legal Week was launched at the UNCITRAL Asia-
                                                                         Middle Temple Advocacy Course ........................................................ 22                Pacific Judicial Summit, a biennial event held in Hong Kong
  Special thanks to:                                                     Attachment to Beijing Justice Bureau .................................................. 23               for the third time and jointly organised by the Department of
  • Elizabeth Grindey (Law Drafting Division)                            National Studies Courses .................................................................... 23         Justice, the United Nations Commission on International Trade
  • General Translation Unit                                                                                                                                                      Law (UNCITRAL) and the Asian Academy of International Law.
  • Manuel Ng          (Law Drafting Division) - Cover Design                                                                                                                     Attracting more than 150 participants from over 25 jurisdictions
  • Olivia Kong        (Public Relations and Information Unit)           Useful Information                                                                                       to Hong Kong, the summit brought together an international
  • Patrick Chan       (Information and Technology Management Unit)      Notable Judgments.............................................................................. 25       community of eminent members of the judiciary, the legal                     Justice Andrew Cheung delivering his welcoming remarks at the 3 rd
                                                                                                                                                                                  profession and academia, leaders from the private sector and                 UNCITRAL Asia-Pacific Judicial Summit

                                                                                                                                                                                                                                                                                                                              01
I: B - W: WJDepartment of - Department of Justice
Features                                                                                                                                                                                                                                                                                                 Features

Appeal Mr Justice Andrew Cheung, Secretary for Justice Teresa         COOPERATION ARRANGEMENTS
Cheng SC and Secretary of UNCITRAL Anna Joubin-Bret.                  WITH THE UN AND THAILAND
Secretary-General of the International Institute for the
                                                                      At the opening of the UNCITRAL Asia-Pacific Judicial Summit,
Unification of Private Law (UNIDROIT) Professor Ignacio
                                                                      a signing ceremony was held for the Memorandum of
Tirado also delivered a keynote speech highlighting the
                                                                      Understanding between the Department of Justice and the
value of international legal instruments for judges in the Asia-
                                                                      United Nations as well as the Memorandum of Cooperation
Pacific region. Prominent speakers took turns in sharing their
                                                                      between the Department of Justice and the Office of the
knowledge of and insight into a range of selected topics in
                                                                      Judiciary of Thailand. The two cooperation arrangements
the panel discussions. The summit provided a meaningful
                                                                      marked the third and fourth instruments on enhancing
platform for the international community to enhance knowledge
                                                                      cooperation and exchange signed by the Secretary for Justice
in international trade and facilitate the uniform interpretation of
                                                                      in 2019, following similar ones concluded with Japan and
international law.
                                                                      Korea. The arrangements are an encouraging step in furthering
                                                                      legal cooperation and working relations between Hong Kong
     For judges from different jurisdictions, we have rare            and international organisations, as well as foreign jurisdictions.
opportunities like this to come together and learn from each
other. The event helps us get the views and perspectives from                                                                                          (L to R) President of the Law Society of Hong Kong Melissa Pang, Chief Justice Geoffrey Ma, Chief Secretary for Administration Matthew Cheung, Secretary for
different judges across the world. It also provides us with a time                                                                                     Justice Teresa Cheng and President of LAWASIA Christopher Leong at the opening ceremony of the conference

to discuss the multi-facets of cross-border dispute resolution,
which have been complicated and complex to us. With new                                                                                                THE 32ND LAWASIA CONFERENCE
issues coming up every day, it will be beneficial for us to have                                                                                       LAWASIA is an association advocating for the interests and                      and Implementation of the Constitution in the Maintenance of the
regular discussions like this.                                                                                                                         concerns of the legal profession of the Asia-Pacific region.                    Rule of Law: The Hong Kong Experience”   , covering areas ranging
                                                                                                                                                       Its annual conference is a platform to facilitate the discussion                from the nature, interpretation and key provisions of the Basic
Judge Sorawit Limparangsri, Judge of the Research Division of                                                                                          of regional developments in areas of the law by bar leaders,                    Law to various related issues such as judicial independence and
          the Court of Appeal for Specialized Cases, Thailand                                                                                          jurists, professional organisations and individual lawyers from                 the“co-location”arrangement.
                                                                                                                                                       across the region.
                                                                                                                                                                                                                                       Vernon Loh, the Acting Senior Assistant Solicitor General of
    Some topics discussed here are new to Mongolia. I hope                                                                                             The 32nd LAWASIA Conference: Harmonisation through Synergy,                     the Legal Policy Division’s Human Rights Unit, also spoke
                                                                                                                                                       was held in Hong Kong from 5 to 8 November. The four-day                        on the constitutional and legal frameworks for the protection
to apply what I have learnt from other jurisdictions to my place.     (L to R) Secretary of UNCITRAL Anna Joubin-Bret with Secretary for Justice       conference embraced many topical issues of mutual interest to the               of human rights, the constitutional right of access to courts,
The series of events in the Legal Week in Hong Kong has been          Teresa Cheng
                                                                                                                                                       legal profession and attracted over 600 legal practitioners from 30             judicial remedies for unconstitutionality, and recent case
beneficial and helpful to us.
                                                                                                                                                       jurisdictions. The conference opened with welcoming remarks and                 law developments on the Basic Law in dealing with modern
                                                                                                                                                       special addresses by Secretary for Justice Teresa Cheng SC, Chief               human rights issues such as human trafficking and same-sex
     Judge Nyamsuren Gochoo, Civil Judge, First Instance Court,
                                                                                                                                                       Justice Geoffrey Ma, President of The Law Society of Hong Kong                  marriages.
                        Songinokhairkhan district of Mongolia
                                                                                                                                                       Melissa Pang and President of LAWASIA Christopher Leong.
                                                                                                                                                                                                                                       Dr James Ding, Commissioner of the Inclusive Dispute
                                                                                                                                                       At a session on constitutional law, Solicitor General Wesley Wong               Avoidance and Resolution Office, also spoke in another session
    The conference is informative and clear. We are impressed                                                                                          SC shared his views on the topic“The Importance of Interpretation               on developments in online dispute resolution under APEC.
by the organisation of Hong Kong and the words from Ms
Cheng, Secretary for Justice. Hopefully, this kind of conference
can be hosted every year as this is a good platform for
experience sharing and capacity building for legal and dispute
resolution in our region.

             Judge Chinara Aidarbekova, Supreme Court Judge,          (L to R) Justice Sarawut Benjakul from the Office of the Judiciary of Thailand
                                             Kyrgyz Republic          with Secretary for Justice Teresa Cheng

                                                                                                                                                       Solicitor General Wesley Wong speaking at the LAWASIA Conference                Vernon Loh at the LAWASIA Conference

02                                                                                                                                                                                                                                                                                                              03
I: B - W: WJDepartment of - Department of Justice
Features                                                                                                                                                                                                                                                                  Features

                                                                     VISION 2030                                                          HK ARBITRATION WEEK                                                 INVESTMENT LAW AND
                                                                     FOR THE RULE OF LAW                                                  Arbitration is growing in popularity as a flexible, efficient and
                                                                                                                                          confidential way to resolve disputes outside the courts. Often
                                                                                                                                                                                                              INVESTOR-STATE
                                                                     This year, the Department of Justice has embarked on“Vision          used in international commercial disputes, arbitration results      MEDIATOR TRAINING
                                                                     2030 for the Rule of Law”(Vision 2030), a visionary 10-year          in a legally binding and enforceable award, while avoiding the
                                                                     initiative to enhance and strengthen the rule of law in Hong         traditional, more expensive route of litigation.
                                                                     Kong and to promote the rule of law in this region and beyond.
                                                                                                                                          To promote the development of international arbitration in
                                                                     This initiative shows our support for the Sustainable                Asia, each year the Hong Kong International Arbitration Centre
                                                                     Development Goals (SDGs) under the United Nations’2030               (HKIAC) hosts Hong Kong Arbitration Week – a global platform
                                                                     Agenda for Sustainable Development. The Agenda, including            for distinguished members of the arbitration community to
Prof. Jack J Coe Jr at the Hong Kong Legal Week Mediation Lecture    its 17 SDGs, adopted by the General Assembly of the United           address important issues in arbitration.
                                                                     Nations in 2015, aims to address global challenges, including
                                                                                                                                               th
THE INAUGURAL HONG KONG                                              poverty, inequality, climate change, environmental degradation,      The 8 Hong Kong Arbitration Week – held from 20 to 25 October
                                                                     peace and justice. The 17 SDGs are interconnected, with the          2019 – was the largest to date, with 23 events over six days
MEDIATION LECTURE
                                                                     rule of law being a pillar for its successful implementation. In     attended by more than 680 participants from 40 jurisdictions.
The Hong Kong Mediation Lecture, held on 5 November 2019,
                                                                     particular, Target 16.3 of Goal 16 aims to promote the rule of law   Each year the international profile of Hong Kong Arbitration Week
was the first of a series of annual lectures featuring prominent
                                                                     and ensure equal access to justice for all.                          has risen, and this year Mainland China, India, Russia, Germany
and distinguished experts on topical issues in the field of                                                                                                                                                   Secretary for Justice Teresa Cheng delivering a speech at the opening
                                                                                                                                          and the United States were represented for the first time.          ceremony
mediation to promote the use of mediation and further the
                                                                     Through professional exchanges, research and capacity
development of inclusive dispute resolution.
                                                                     building with stakeholders, it is hoped that Vision 2030 can         At the flagship event of the Week,“ HKIAC’     s ADR in Asia        The Investment Law and Investor-State Mediator Training co-
The inaugural lecture was presented by Professor Jack J
                                                                     strengthen the Hong Kong community’s understanding of the            Conference”, Secretary for Justice Teresa Cheng SC                  organised by the Department of Justice, the International Centre
Coe Jr (pictured above) of Pepperdine Law School, the USA,
                                                                     concept of the rule of law and its implementation, enhance the       announced the launch of a review by the Law Reform                  for Settlement of Investment Disputes and the Asian Academy
whose sharing of insights into the benefits and challenges
                                                                     development of the rule of law internationally, and safeguard        Commission of outcome-related fee arrangements for                  of International Law was held from 28 October to 3 November
of combining mediation with arbitration was enthusiastically
                                                                     Hong Kong’  s prosperity, stability and sustainable development.     arbitration in Hong Kong. She also spoke of the establishment       2019.
received.
                                                                                                                                          of a sub-committee to review the current legal framework and
                                                                     To take forward the initiative, a Task Force with a membership of    make recommendations.                                               World-renowned trainers were invited to share their knowledge
HONG KONG LEGAL WEEK: WAY FORWARD                                    locally and internationally renowned experts has been set up to                                                                          and expertise at the one-week training, held for the second time
The inaugural Hong Kong Legal Week was an enormous success           advise the Department on the implementation of Vision 2030.          The Secretary for Justice also gave an update on the                following the success of the 2018 course. Investment law is a
with participating legal experts from over 30 jurisdictions. It                                                                           Arrangement Concerning Mutual Assistance in Court-ordered           branch of law consisting of a set of rules that regulate foreign
provided a valuable occasion for international collaboration and     For more information, please visit https://www.doj.gov.hk/           Interim Measures in Aid of Arbitral Proceedings by the Courts       direct investment and the resolution of disputes between foreign
synergy in pursuit of the common goals of strengthening the rule     eng/public/vision2030.html, and read the Opening Remarks             of the Mainland and of the Hong Kong Special Administrative         investors and sovereign states.
of law and promoting access to justice for a better and more         of the Secretary for Justice on“2019 Policy Initiatives of the       Region, which came into force on 1 October 2019.
inclusive society.                                                   Department of Justice”at the panel meeting on Administration                                                                             The course gathered some 40 participants from around the
                                                                     of Justice and Legal Services of the Legislative Council on 27       The Arrangement allows Hong Kong to be the first and only           world, including government officials as well as legal and
Going forward, Hong Kong Legal Week will be held annually in         April 2020.                                                          jurisdiction outside the Mainland where parties to arbitral         mediation practitioners from the Mainland, ASEAN, the Middle
the first week of November, during which a series of international                                                                        proceedings administered by eligible arbitral institutions can      East and Africa.
events in various legal fields will take place in Hong Kong,                                                                              apply to Mainland courts for interim measures. Now, interim
providing an opportunity for dialogue and closer cooperation                                                                              measures – such as preservation of evidence (e.g. not               The training is one of the Department’s initiatives to develop
among legal professionals and organisations from around the                                                                               destroying a document) and property (e.g. freezing assets) –        Hong Kong into a training base for building up a team of
world.                                                                                                                                    can be granted to parties to Hong Kong-seated arbitration.          mediators specialised in handling international investment
                                                                                                                                                                                                              disputes in Asia.
The upcoming Hong Kong Legal Week 2020 will be held from                                                                                  It is expected that this game-changing Arrangement will benefit
2 to 6 November 2020, featuring a number of international legal                                                                           parties from all over the world, as well as enhance Hong Kong’ s
events including the inaugural Rule of Law Congress, North-                                                                               attractiveness as a centre for alternative dispute resolution.
East Asia Multistakeholder Forum on Sustainable Development
Goals 2020, the 2nd Hong Kong Mediation Lecture, Case                                                                                     Looking forward, Hong Kong’s arbitration community will be
Settlement Conference and Mediation Conference. The                                                                                       well-placed to help in resolving any disputes arising from the
Department’s“Vision 2030 for the Rule of Law”initiative will also                                                                         increased commercial activity generated by the Belt and Road
be officially launched during Hong Kong Legal Week 2020.                                                                                  Initiative and the development of the Greater Bay Area.

04                                                                                                                                                                                                                                                                              05
I: B - W: WJDepartment of - Department of Justice
Features                                                                                                                                                                                                                                                                                 Features

                                                                                                                                                          WHAT IS THE CISG?
                                                                                                                                                          The CISG is a multilateral treaty which provides uniform rules            The Convention was prepared out of recognition that legal
                                                                                                                                                          on the essential aspects of the international sale of goods,         disparities concerning contracts of sale of goods increase
                                                                                                                                                          including:                                                           transaction costs on the one hand but also increase the difficulty
                                                                                                                                                          - contract formation                                                 of settling disputes as they arise later on. Because typically in
                                                                                                                                                          - respective obligations of the buyer and seller                     such a situation the adjudicator … would have to determine
                                                                                                                                                          - remedies for breach of the sales contract.
                                                                                                                                                                                                                               first which law, substantive national law, would apply to that
                                                                                                                                                                                                                               transaction… the court will then have to discover and determine
                                                                                                                                                          The purpose of the CISG is to provide a modern, uniform and
                                                                                                                                                                                                                               the content of that law. And this is a process that typically
                                                                                                                                                          fair regime for cross-boundary sale of goods contracts. This
                                                                                                                                                          helps to introduce certainty in commercial exchanges and             results in protracted litigation and delay in dispute settlement...
                                                                                                                                                          decrease transaction costs.                                          So in order to facilitate transactions and to make the outcome
                                                                                                                                                                                                                               of litigation more smooth and predictable, the Convention was
                                                                                                                                                          In particular, the CISG applies to contracts for the sale of goods   developed…
                                                                                                                                                          between parties whose places of business are in different
                                                                                                                                                          States, when (a) the States are Contracting States, or (b) the                             UNCITRAL Head of the Legislative Branch
                                                                                                                                                          rules of private international law lead to the application of the                                      José Angelo Estrella Faria
                                                                                                                                                          law of a Contracting State.
                                                                                                                                                                                                                               MORE ABOUT THE CISG
To enable the business and legal sectors to have a better understanding of the CISG and the proposed application, International Law Division colleagues
                                                                                                                                                          However, Article 95 of the CISG allows a State to declare at the     1.The text of the CISG was developed by UNCITRAL.
conducted two briefing sessions titled“The CISG in Hong Kong – What good is it for my business?”in January 2020
                                                                                                                                                          time of the deposit of its instrument of ratification, acceptance,   2.The CISG is intended to be equally authentic in its six official
                                                                                                                                                          approval or accession that it will not be bound by the provision       language versions (Arabic, Chinese, English, French, Spanish
                                                                                                                                                          in CISG which provides for (b) above (i.e. Article 1(1)(b)).           and Russian).
                                                                                                                                                                                                                               3.The fundamental principles underlying the CISG include:
PUBLIC CONSULTATION ON APPLYING                                                                                                                           China has made this declaration pursuant to Article 95. In             party autonomy, promotion of good faith in international trade,

THE UN CONVENTION ON CONTRACTS                                                                                                                            addition, parties to a contract for the sale of goods may opt out
                                                                                                                                                          of the CISG entirely or deviate from particular provisions to meet
                                                                                                                                                                                                                                 preservation of contract and mitigation of damages.

FOR THE INTERNATIONAL SALE OF GOODS TO HKSAR                                                                                                              their specific needs. The exception is that the parties cannot
                                                                                                                                                          derogate from or vary Article 12, which states that provisions
                                                                                                                                                          allowing freedom of form for the creation, modification or
In March, the Department of Justice launched its public                      CISG CONFERENCE                                                              termination of a contract of sale do not apply where the
consultation on the proposed application of the United Nations               To provide a timely opportunity for all involved in cross-                   Contracting State in question has made a declaration under
Convention on Contracts for the International Sale of Goods                  boundary sales of goods to share insights and exchange views                 Article 96.
(CISG) to Hong Kong SAR. The consultation will run until 30                  on the impact of the CISG on global trade, a conference to
September 2020.                                                              commemorate the 40th anniversary of the CISG will be held in                 According to UNCITRAL, as at 1 April 2020, the CISG has 93
                                                                             the last quarter of this year, organised by the Department of                Contracting States from diverse legal traditions and levels of
While China is a Contracting Party to the CISG, the CISG is                  Justice in collaboration with the United Nations Commission on               economic development, which together represent over two-
currently not applicable to Hong Kong. In preparation for the                International Trade Law (UNCITRAL) and the Asian Academy of                  thirds of the global economy, and cover, among others, 12 of
public consultation, the Department conducted a study on the                 International Law.                                                           Hong Kong’s current top 20 trading partners – Mainland China,
proposed application, covering:
                                                                                                                                                          the USA, Japan, Singapore, South Korea, Vietnam, Germany,
- the CISG’  s salient features                                              We welcome views, comments and suggestions on any issues                     Switzerland, the Netherlands, France, Italy and Australia.
- the interplay between the CISG and relevant Hong Kong law                  raised in the consultation paper. Final recommendations will be
- the economic and legal considerations for extending the CISG               drawn up after the Department has considered the responses
  to Hong Kong                                                               to the consultation.
- subject to the results of the consultation, the proposed
  application and implementation of the CISG in Hong Kong.

Details of the study can be found in the consultation paper. For
the full set of consultation documents, as well as information and
resources related to the CISG, please visit: https://www.doj.gov.
hk/eng/public/CISG.html.

06                                                                                                                                                                                                                                                                                             07
I: B - W: WJDepartment of - Department of Justice
Features                                                                                                                                                                                                                                                                                                 What's New?

                                                                                                                                                                 LEGAL UPDATES
                                                                                                                                                                 STATUTE LAW BILL 2019 INTRODUCED IN LEGCO                            RICH TEXT FORMAT COPIES OF LEGISLATION
                                                                                                                                                                 The Statute Law (Miscellaneous Provisions) Bill 2019 was             NOW AVAILABLE ON HKEL WEBSITE
                                                                                                                                                                 introduced in the Legislative Council on 15 January 2020 to          To suit the needs of different users, Hong Kong legislation is not
                                                                                                                                                                 propose miscellaneous amendments to various ordinances to            only published in HTML and PDF formats, but also in RTF format
                                                                                                                                                                 update the legislation. One of the major proposed amendments         on the HKeL website. From March 2020, RTF copies for all current
                                                                                                                                                                 is to amend the High Court Ordinance (Cap. 4) to extend the          versions and all past verified versions of Hong Kong legislation
                                                                                                                                                                 use of a two-Judge bench of the Court of Appeal to determine         are available for reference purposes. They can be downloaded
                                                                                                                                                                 applications for leave to appeal to the Court of Final Appeal        as individual provisions or whole chapters, and in monolingual or
                                                                                                                                                                 against the decisions made by the Court of Appeal consisting         bilingual settings, according to the users’preference.
                                                                                                                                                                 of less than three Justices of Appeal, as well as appeals against
                                                                                                                                                                 the Court of First Instance’  s decisions to refuse to grant leave   T h i s f e a t u r e m a k e s i t e a s i e r f o r u s e r s t o“ c o p y a n d
                                                                                                                                                                 to apply for judicial review.                                        paste”legislative texts to email or other documents, and it
                                                                                                                                                                                                                                      enables users to mark notes on copies of legislation using
                                                                                                                                                                                                                                      desktop word processing software. For more details, please
                                                                                                                                                                                                                                      visit the HKeL website at https://www.elegislation.gov.hk

                                                                                                                                                                 LAW REFORM COMMISSION REPORT ON
                                                                                                                                                                 REVIEW OF SUBSTANTIVE SEXUAL OFFENCES
                                                                                                                                                                 The Law Reform Commission of Hong Kong published a
(Front row, 3rd from L) Dr James Ding, the Commissioner of the Inclusive Dispute Avoidance and Resolution Office of the Department of Justice and Chair of the   report on the Review of Substantive Sexual Offences on 5             LEGISLATION DATA AVAILABLE ON
APEC Economic Committee, speaking at the APEC Secretariat                                                                                                        December 2019, making final recommendations for the reform           THE GOVERNMENT’   S OPEN DATA PORTAL
                                                                                                                                                                 of substantive sexual offences in the Crimes Ordinance (Cap.         In support of the HKSAR Government’s policy to open up
                                                                                                                                                                 200). These recommendations include the creation of a range of       data for free public use to facilitate technology research and

ONLINE DISPUTE RESOLUTION                                                                                                                                        non-consensual sexual offences such as a new offence of sexual
                                                                                                                                                                 penetration without consent, a uniform age of consent of 16 years
                                                                                                                                                                                                                                      innovation, both current and past legislation data dating back
                                                                                                                                                                                                                                      to 30 June 1997 is available in machine-readable format for
DEVELOPMENTS UNDER APEC                                                                                                                                          old in Hong Kong, and the creation of a range of new gender-
                                                                                                                                                                 neutral sexual offences involving children and persons with
                                                                                                                                                                                                                                      download through the Government’s Public Sector Information
                                                                                                                                                                                                                                      Portal at https://data.gov.hk.
                                                                                                                                                                 mental impairment. It also recommends the reform of a series
The Asia-Pacific Economic Cooperation (APEC) has been                            At the Concluding Senior Officials’Meeting and the Informal                     of miscellaneous sexual offences such as incest, exposure,           To facilitate the downloading process, legislation data is
undertaking a project to promote the use of online dispute                       Senior Officials’Meeting in December 2019 in Singapore and                      bestiality, necrophilia and homosexual-related buggery and gross     divided into batches with reference to chapter numbers and in
resolution (ODR) with micro, small and medium sized                              Langkawi, Malaysia, respectively, the Economic Committee                        indecency offences.                                                  compressed files format. Under our royalty-free copyright policy,
enterprises. Hong Kong SAR, as one of the 21 member                              reported to member economies its contributions to APEC
                                                                                                                                                                                                                                      interested parties may download the data for educational,
economies of APEC, has been making a tremendous effort                           priorities and future work plan, including endorsement and
                                                                                                                                                                                                                                      commercial or non-commercial purposes without seeking
in taking forward this initiative, through discharging the                       promotion of the ODR Framework, which was well received by
                                                                                                                                                                                                                                      express permission from the Government.
role of the Convenor for the Friends of the Chair group on                       the APEC senior officials.
Strengthening Economic and Legal Infrastructure under the
APEC Economic Committee.                                                         At the 1 st plenary meeting of the Economic Committee in
                                                                                 Putrajaya, Malaysia, a policy discussion on the ODR Framework
In August 2019, following the 2 nd plenary meeting of the                        was held to discuss implementing the welcomed new
APEC Economic Committee in Puerto Varas, Chile, the APEC                         developments.
Collaborative Framework for ODR of Cross-Border Business
to Business Disputes (ODR Framework), including its Model                        As at 31 May, China, Singapore, the USA and Japan, as well as
Procedural Rules, was endorsed by the Economic Committee.                        Hong Kong, China, have opted into the ODR Framework, while
Since September 2019, the Commissioner of the Inclusive                          a number of other member economies are undergoing internal
Dispute Avoidance and Resolution Office of the Department                        procedures with a view to opting into the Framework in the very
of Justice (IDAR Office) has also assumed the Chair of the                       near future. The next step is to identify ODR providers from
Economic Committee, tasked to promote the ODR Framework                          these member economies to be listed by APEC under the ODR
for member economies.                                                            Framework.

08                                                                                                                                                                                                                                                                                                                  09
I: B - W: WJDepartment of - Department of Justice
What's New?                                                                                                                                                                                                                                                          What's New?

NEW LEGISLATION FOR
                                                                                                                                          Despite the very tight time frame, every piece of new legislation        One of the most challenging aspects of the work of the
                                                                                                                                          undergoes rounds of checking and proofreading before it
                                                                                                                                                                                                              Legislation Team is managing tight time frames. On one hand, it
FIGHTING COVID-19                                                                                                                         is finalized and issued to the instructing client bureau. From
                                                                                                                                          consistency in the choice of words to compliance with plain
                                                                                                                                                                                                              is our job to ensure that the draft legislation is free of editorial
                                                                                                                                                                                                              or other irregularities. On the other hand, it is imperative that
                                                                                                                                          language drafting practice, and from usage of the appropriate
The Hong Kong SAR Government has put in place various                                                                                     text format to concordance between the Chinese and English          the deadlines be met. We have to be not only detail-minded and
measures to prevent and control the spread of the novel                                                                                   texts, various facets of the draft are reviewed by the law          diligent, but also flexible and responsive.
coronavirus disease (COVID-19) in Hong Kong, some of                                                                                      clerks of the Legislation Team of the Law Drafting Division
which required legislative backing. The Law Drafting Division,                                                                            comprehensively and meticulously. Meanwhile, draft legislation                                               Acting Senior Law Clerk I
together with other Divisions in the Department of Justice,                                                                               is also proofread by the clerical officers sedulously for                                                                 Karen Chan
have acted swiftly in terms of drafting new pieces of legislation                                                                         typesetting accuracy.
and providing legal advice to the bureaus. Seven pieces of
                                                                                                                                                                                                              The Department of Justice will continue to provide professional
legislation were made for combating COVID-19 during the first                                                                             Even after the drafting process has been completed, the             and timely legal support to the bureaus to fight against
quarter of 2020.                                                                                                                          assiduous checking and proofreading continue in order to            COVID-19:“Together, We Fight the Virus!”For more information
                                                                                                                                          ensure that legislation is published in the Gazette accurately.     on COVID-19, please visit https://www.coronavirus.gov.hk/eng/
                                                                                                                                                                                                              index.html.

TIMELINE OF COVID-19 LAWS: JAN-MAR 2020
                                                                                                                                                                     LATE-MARCH
                           EARLY-FEBRUARY                                                                                                                            - Prevention and Control of Disease (Requirements and Directions) (Business and
                           -   Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap. 599C)                                                   Premises) Regulation (Cap. 599F)
                           -   Prevention and Control of Disease (Disclosure of Information) Regulation (Cap. 599D)                                                  - Prevention and Control of Disease (Prohibition on Group Gathering) Regulation
                                                                                                                                                                       (Cap. 599G)
                               In order to deter cross-boundary traffic between Hong Kong and the Mainland to contain the spread
                               of the virus, Cap. 599C was made to mandate, subject to a few exceptions, all persons arriving                                           In order to further enhance social distancing to prevent extensive local transmission of
                               from the Mainland to undergo 14 days of compulsory quarantine. Also, Cap. 599D was made at the                                           the virus, Cap. 599F and 599G were made to empower the Secretary for Food and Health
                               same time to criminalize the act of knowingly giving false or misleading information relevant to the                                     to impose restrictions on the operation of catering businesses and certain scheduled
                               risk of exposure to or contracting COVID-19 (such as his or her travel history) to a health officer or a                                 premises, and to prohibit group gatherings of more than four persons at a public place
                               medical practitioner.                                                                                                                    respectively.

      EARLY-JANUARY                                                                                                                           MID-MARCH
      - Prevention and Control of Disease Ordinance (Amendment of Schedule 1) Notice 2020                                                     - Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation
      - Prevention and Control of Disease (Amendment) Regulation 2020                                                                           (Cap. 599E)

        The Amendment Notice and Regulation were made to include“severe respiratory disease                                                    In view of the surge of cases of COVID-19 cases globally, Cap. 599E was made to extend the scope
        associated with a novel infectious agent”as a statutorily notifiable infectious disease. This has                                      of 14-day compulsory quarantine to all persons arriving from abroad.
        strengthened Hong Kong’s capability in monitoring the disease.

10                                                                                                                                                                                                                                                                             11
I: B - W: WJDepartment of - Department of Justice
Global and Mainland Connections                                                                                                                                                                                                                                  Global and Mainland Connections

DEPARTMENT OF JUSTICE’
                     S GLOBAL
AND MAINLAND CONNECTIONS MAP

Bangkok, Thailand, 17 December 2019                                           Nanjing, 13-19 October and 3-9 November 2019
• Acting Senior Public Prosecutor Lisa Go took part in a United Nations-led   • Government Counsel and civil servants participate in the National Studies
  meeting aimed at tackling illegal trade and management waste in the Asia-     Course at Nanjing University (see p.24).                                     Lorraine Chan speaking at the e-APP Forum
  Pacific region (see p.19).
                                                                              Oxford, UK, 6-26 October 2019
Beijing                                                                       • Principal Government Counsel Dr James Ding from the Secretary for
• 21 October-1 November 2019: Assistant Principal Government Counsel            Justice’s Office attended the Oxford Advanced Management and
  Samuel Lee of the Civil Division attended the 12-day National Studies
  Course at Tsinghua University (see p.23).
                                                                                Leadership Programme (see p.22).
                                                                                                                                                             INTERNATIONAL FORUM ON THE
• 24-27 November 2019: Two seminars were hosted by Department of
  Justice with the aim of promoting Hong Kong’
                                             s legal and dispute resolution
                                                                              Paris, France, 2-4 December 2019
                                                                              • Senior Public Prosecutor Jennifer Fok attended the Financial Action Task
                                                                                Force Mutual Evaluation (see p.15).
                                                                                                                                                             ELECTRONIC APOSTILLE PROGRAMME
  services (see p.19).
• 16-27 December 2019: Senior Public Prosecutor Betty Fu was attached to      Putrajaya, Malaysia, 14-22 February 2020                                       Deputy Principal Government Counsel Lorraine Chan and               an environment of constant technological development. The
  the Beijing Justice Bureau (see p.23).                                      • Asia-Pacific Economic Cooperation 1 st Senior Officials’and Related          Government Counsel Eric Yuen of the International Law Division      Apostille Convention was first extended to Hong Kong by the
                                                                                Meetings (see p.8).                                                          attended the 11th International Forum on the electronic Apostille   United Kingdom in 1965 and has continued to apply in the
Dar es Salaam, Tanzania, 21-25 October 2019
• 58th Annual Session of the Asian-African Legal Consultative Organisation    Siem Reap, Cambodia, 6-7 November 2019                                         Programme (e-APP) as part of the Chinese delegation from 16         Hong Kong SAR after 1 July 1997.
  (see p.14).                                                                 • 12th ASEAN-China Prosecutors-General Conference (see p.16).                  to 18 October 2019 in Fortaleza, Brazil.
Fortaleza, Brazil, 16-18 October 2019                                                                                                                                                                                            Noting its advantages, the Hong Kong SAR supports the
                                                                              Singapore and Langkawi, Malaysia, 6-11 December 2019
• Deputy Principal Government Counsel Lorraine Chan and Government            • Asia-Pacific Economic Cooperation Economic Committee Concluding              More than 350 experts from over 45 Contracting and non-             development of the e-APP and, with the backing of the Central
  Counsel Eric Yuen of the International Law Division attended the 11 th        Senior Officials’Meeting and Informal Senior Officials’Meeting (see p.8).    Contracting Parties to the Hague Conference on Private              People’s Government, hosted the 9th International Forum on
  International Forum on the electronic Apostille Programme (see p.13).
                                                                                                                                                             International Law (HCCH) Convention of 5 October 1961               the e-APP in October 2014.
                                                                              Tokyo, Japan, 28 October-15 November 2019
Geneva, Switzerland, 18 November 2019                                         • Acting Assistant Director of Public Prosecutions Anthony Chau attended the   Abolishing the Requirement of Legalisation for Foreign Public
• Representatives from the Trade and Industry Department and Department         Financial Action Task Force Mutual Evaluation (see p.15).                    Documents (Apostille Convention) participated in the forum.         In view of the Hong Kong SAR’s experience in the e-APP, Ms
  of Justice jointly delivered Hong Kong’s oral submission to the WTO Panel
  in the third party hearing at the WTO headquarters (see p.14).                                                                                                                                                                 Chan was invited to participate in a moderated panel discussion
                                                                              Tonga, 22 October-2 November 2019
                                                                              • Acting Senior Government Counsel Sandy Shum of the International             The forum discussed new technologies for improving the              at the forum with delegates from the United States, Austria
Guangzhou, 5-6 January 2020                                                     Law Division was a legal assessor of a seven member assessment team          operation and effectiveness of the document authentication          and Colombia. She talked about how the Apostille Convention
• Secretary for Justice Teresa Cheng SC attended the Guangdong-Hong             evaluating Tonga’s framework and effectiveness in combating money
  Kong-Macao Greater Bay Area Judicial Case Seminar (see p.18).                                                                                              process carried out under the Apostille Convention. The             operates in practice in the Hong Kong SAR and its experience
                                                                                laundering and counter-financing of terrorism (see p.15).
                                                                                                                                                             forum served as a valuable platform to discuss the further          in implementing the e-Register.
London, UK                                                                    Vladivostok, Russia, 15-16 October 2019                                        developments of the e-APP worldwide.
• 11-22 November 2019: Public Prosecutors Cherry Ho, Glen Kong and            • The 3 rd North-East Asian Multistakeholder Forum on Sustainable
  Wilson Choi attended the Middle Temple Advocacy Course (see p.22).                                                                                                                                                             As one of the most successful HCCH Conventions, the Apostille
                                                                                Development Goals (see p.17).
• 3-14 February 2020: Acting Senior Government Counsel Hikki Wong                                                                                            Launched a decade ago, the e-APP is designed to ensure the          Convention now has 118 Contracting Parties. China is actively
  attended the Middle Temple Advocacy Course (see p.22).                                                                                                     effective and secure operation of the Apostille Convention in       considering possible accession to it.

12                                                                                                                                                                                                                                                                                           13
I: B - W: WJDepartment of - Department of Justice
Global and Mainland Connections                                                                                                                                                                                                                              Global and Mainland Connections

HKSAR PARTICIPATES IN THE THIRD                                                                                                           COMBATING MONEY LAUNDERING
PARTY HEARING OF THE WTO FOR THE US                                                                                                       AND COUNTER-FINANCING OF TERRORISM:
STEEL AND ALUMINIUM PRODUCTS TARIFFS CASES                                                                                                MUTUAL EVALUATIONS
The International Law Division of the Department of Justice has    in the third party hearing at the WTO headquarters in Geneva,
been providing close legal support to the Trade and Industry       Switzerland.
                                                                                                                                                                                                                                                 KOREA
Department in respect of Hong Kong, China’    s participation in                                                                                                                                                                                 Senior Public Prosecutor Jennifer Fok
matters of the World Trade Organization (WTO).                     The participation reinforces the HKSAR Government’s ongoing                                                                                                                   attended the Financial Action Task Force
                                                                   efforts to uphold the HKSAR’      s systemic interest in the correct                                                                                                          Mutual Evaluation on Korea in Paris from
One recent example concerns the tariff measures imposed            interpretation of the WTO-covered agreements and its support                                                                                                                  2 to 4 December 2019. Ms Fok was the
by the United States on certain steel and aluminium products       to the integrity of the multilateral trading system.                                                                                                                          legal and law enforcement expert in a
in 2018 which have resulted in various dispute settlement                                                                                                                                                                                        team of five experts who evaluated the
proceedings (United States – Certain Measures on Steel and                                                                                                                                                                                       Republic of Korea’s effectiveness in anti-
Aluminium Products) brought by WTO Members.                                                                                                                                                                                                      money laundering and counter-terrorist
                                                                                                                                                                                                                                                 financing.
This group of cases involves important questions of law under
                                                                                                                                          The attendees in the Financial Action Task Force Mutual Evaluation on Korea in Paris
the WTO-covered agreements; in particular, the interpretation
of the security exception clause under the General Agreement
on Tariffs and Trade 1994 of the WTO. As a result, Hong Kong,                                                                             Committed to combating money laundering and counter-                             TONGA
China has actively participated as a third party in the dispute                                                                           financing of terrorism, the HKSAR has been a member of the                       From 22 October to 2 November 2019, a seven-member
settlement proceedings of these cases, so that its interests                                                                              Financial Action Task Force (FATF) since 1991. The FATF was                      assessment team from member jurisdictions of Asia/Pacific
and views can be fully taken into account by the WTO Panel                                                                                established by the G-7 Summit in Paris in 1989 in response                       Group on Money Laundering (APGML), an FATF-style regional
established to examine the matter.                                                                                                        to mounting concern over money laundering and terrorist                          body, visited Tonga for the evaluation of its framework and
                                                                                                                                          financing.                                                                       effectiveness in combating money laundering and counter-
In addition to various written submissions provided to the WTO                                                                                                                                                             financing of terrorism. Acting Senior Government Counsel Sandy
Panel, on 18 November 2019, representatives from the Trade                                                                                FATF was given the responsibility of examining money                             Shum of the Department’s International Law Division was the
                                                                   Representatives of Hong Kong, China, from the Trade and Industry
and Industry Department and the Department of Justice jointly      Department, HKSAR’s Economic and Trade Office in Geneva and the        laundering trends and reviewing action taken by members at                       legal assessor of the assessment team. Other members of the
delivered Hong Kong, China’s oral statement to the WTO Panel       Department of Justice                                                  the national or international level. It provides recommendations                 assessment team were legal, financial and law enforcement
                                                                                                                                          and sets international standards of compliance. Members are                      specialists from Australia, Macao SAR, Nepal, Papua New
                                                                                                                                          also responsible for conducting mutual evaluations on the                        Guinea, Solomon Islands and Vanuatu.
                                                                                                                                          effectiveness of measures adopted by different member states
                                                                                                                                          and compliance.                                                                  During the onsite visit, the assessment team conducted a series
     TH
58 ANNUAL SESSION OF AALCO                                                                                                                In 2019, Hong Kong became the first jurisdiction in the
                                                                                                                                                                                                                           of meetings with government authorities and representatives
                                                                                                                                                                                                                           from the private sector which allowed assessors to gain an
The Asian-African Legal Consultative Organization (AALCO)                  th
                                                                   The 59 Annual Session is scheduled to be held in Hong Kong             Asia-Pacific region to achieve overall compliance in its                         indepth understanding of Tonga’s anti-money laundering and
holds Annual Sessions where representatives from its Member        in late 2020.                                                          effectiveness in anti-money laundering and counter-terrorist                     counter-financing of terrorism regime and its effectiveness. At
States pass resolutions on organisational and substantive                                                                                 financing in the fourth round evaluation by FATF. The                            the end of the onsite visit, the assessment team presented the
matters. They are joined by observers from non-Member States                                                                              FATF’ s recognition was set out in a mutual evaluation report                    preliminary key findings to the authorities.
and international organisations to discuss issues of mutual                                                                               by members of the FATF, adopted in the organisation’s
concern to the Asian-African region.                                                                                                      Plenary Meeting in June last year.                                               The evaluation process is ongoing. The findings will be finalised
                                                                                                                                                                                                                           in a mutual evaluation report, and the adoption of the report will
At the 58th Annual Session held in Dar es Salaam, Tanzania,                                                                               JAPAN                                                                            be considered at the APGML’s upcoming plenary meeting.
delegates exchanged views on matters including the role of                                                                                Acting Assistant Director of Public Prosecutions Anthony Chau
AALCO’s Regional Arbitration Centres, the investor-State                                                                                  attended the Financial Action Task Force Mutual Evaluation on
dispute settlement mechanism and other methods of dispute                                                                                 Japan in Tokyo from 28 October to 15 November 2019. This
resolution in facilitating international trade and investment,                                                                            onsite visit was part of the 4th round of Mutual Evaluations on
peaceful settlement of disputes between States, international                                                                             Japan’s effectiveness in anti-money laundering and counter-
cooperation against cybercrime and the Law of the Sea.             Karl Suen at the 58th Annual Session of AALCO                          terrorist financing.

14                                                                                                                                                                                                                                                                                        15
I: B - W: WJDepartment of - Department of Justice
Global and Mainland Connections                                                                                                                                                                                                           Global and Mainland Connections

                                                                                                                                    NORTH-EAST ASIAN MULTISTAKEHOLDER FORUM
                                                                                                                                    ON SUSTAINABLE DEVELOPMENT GOALS
12TH ASEAN-CHINA
                                                                                                                                    The 3rd North-East Asian Multistakeholder Forum on Sustainable
PROSECUTORS-GENERAL CONFERENCE
                                                                                                                                                                                                       In line with the spirit and intent of the SDGs, in particular Goal 16
                                                                                                                                    Development Goals was held in Vladivostok, Russia, on 15 and       in promoting the rule of law and access to justice, the Department
                                                                                                                                    16 October 2019. Acting Deputy Principal Government Counsel        of Justice will officially launch the 10-year initiative“Vision 2030
Director of Public Prosecutions David Leung SC (pictured           Hong Kong. In March 2018, a“Steering Committee to Tackle         Venus Cheung (pictured below, centre) attended the forum on        for the Rule of Law”during Hong Kong Legal Week 2020. We
above, centre), Senior Assistant Director of Public Prosecutions   Trafficking in Persons and to Enhance Protection of Foreign      behalf of the Hong Kong SAR, an Associate Member of the            look forward to sharing our experiences and strengthening our
Catherine Ko (above right) and Public Prosecutor Cherry Chong      Domestic Helpers Hong Kong”was set up in Hong Kong.              Economic and Social Commission for Asia Pacific (ESCAP).           cooperation with international and local stakeholders in upholding
(above left) attended the 12 th ASEAN-China Prosecutors-           Chaired by the Chief Secretary for Administration, membership                                                                       our motto“Rule of Law and Justice for All”   .
General Conference in Cambodia in November last year.              of this interdepartmental steering committee comprises senior    The forum was attended by around 150 government officials
                                                                   officers from the Department of Justice, Security Bureau and     and stakeholders from the East and North-East Asia sub-region,
The two-day conference – themed“The Role of Prosecutors in         other law enforcement agencies. Within the Department, there     including China, Japan, Mongolia, North Korea, Russia, and
Regionally Combatting Human Trafficking”– was held in Siem         is a designated team of prosecutors, led by a Coordinator of     South Korea. Participants shared their experiences and best
Reap from 6 to 7 November 2019.                                    Human Exploitation Cases, who handle such cases.                 practices in implementing the 17 Goals of the United Nations’
                                                                                                                                    2030 Agenda on Sustainable Development (SDGs).
The event was attended by top prosecutors from 13                  The two-day event in Cambodia wrapped up with the signing
jurisdictions including Cambodia, Vietnam, Myanmar,                of a Joint Declaration by participating countries to enhance     Hong Kong will co-host the 4th forum in November 2020 to
Malaysia, Thailand, Singapore, Indonesia, Brunei, Laos,            cooperation, through extradition and official channels as well   mark the beginning of the Decade of Action for accelerating the
Hong Kong, Macau and the PRC.                                      as unofficial means, direct contact mechanism and designated     implementation of SDGs by 2030. As a leading international city,
                                                                   international contact points.                                    Hong Kong takes pride in having a strong rule of law and an
The Director of Public Prosecutions delivered a keynote speech                                                                      independent judiciary, under the principle of“One Country, Two
on the role of prosecutors in combatting human trafficking in                                                                       Systems”, which are the cornerstones of its success.

16                                                                                                                                                                                                                                                                       17
Global and Mainland Connections                                                                                                                                                                                                                                 Global and Mainland Connections

                                                                                                                                                           DEPARTMENT OF JUSTICE
                                                                                                                                                           HOSTS SEMINARS IN BEIJING
                                                                                                                                                           Two seminars were hosted by the Department of Justice in
                                                                                                                                                           Beijing with the aim of promoting Hong Kong’s legal and
                                                                                                                                                           dispute resolution services and facilitating communication
                                                                                                                                                           and exchange between Hong Kong’s legal profession and
                                                                                                                                                           Mainland enterprises.

                                                                                                                                                           On 25 November 2019, the Department organised a seminar
                                                                                                                                                           entitled“Is Hong Kong Still Irreplaceable?”Seven practitioners
                                                                                                                                                           from the legal profession who participated in the seminar
                                                                                                                                                           as moderators and speakers led discussions exploring the
                                                                                                                                                           importance of Hong Kong’s role as a centre for deal-making
                                                                                                                                                           and dispute resolution. Participants from various sectors
                                                                                                                                                           including the legal profession, dispute resolution sector,
                                                                                                                                                           government departments and affiliated organisations and
                                                                                                                                                           enterprises attended the seminar.

                                                                                                                                                           On 26 November 2019, the Department of Justice co-organised
                                                                                                                                                           a seminar on the legal challenges and coping strategies under
Secretary for Justice Teresa Cheng delivering her welcoming remarks at the Guangdong-Hong Kong-Macao Greater Bay Area Judicial Case Seminar
                                                                                                                                                           the Belt and Road Initiative, with the Ministry of Commerce
                                                                                                                                                           (MoC) and State-owned Assets Supervision and Administration
                                                                                                                                                           Commission of the State Council (SASAC). The seminar was
                                                                                                                                                           the first exchange event held under the tripartite communication

SECRETARY FOR JUSTICE’
                     S DUTY                                                                                                                                platform initiated by the Department. Esteemed members of
                                                                                                                                                           Hong Kong’s legal profession and Mainland enterprises were
VISIT TO GUANGZHOU                                                                                                                                         invited to the seminar. The seminar was a solid step towards
                                                                                                                                                           deepening closer cooperation among MoC, SASAC and the              Moderators and speakers at the seminar entitled“Is Hong Kong still
Secretary for Justice Teresa Cheng SC, together with the                    participants’understanding of the three legal systems to the                   Department, and is set to have far-reaching significance.          Irreplaceable?”

Commissioner and Government Counsel of IDAR Office,                         benefit of the legal and judicial sectors in the Greater Bay Area.
attended the Guangdong-Hong Kong-Macao Greater Bay                          Following the success of the seminar, it is planned that another
Area Judicial Case Seminar on 6 January 2020.                               similar seminar will be held in the near future.

The seminar was organised by the High People’s Court
of Guangdong Province with the aim of strengthening
legal exchanges among the judiciary and legal profession
of Guangdong, Hong Kong and Macao, pursuant to the                                                                                                         PROSECUTING WASTE CRIMES
Framework Arrangement on legal exchange and mutual
learning in legal aspects between the HKSAR and Guangdong                                                                                                  Acting Senior Public Prosecutor Lisa Go took part in a United      aims to boost the operational activities and capacities of
Province signed in September 2019 and contributing to the                                                                                                  Nations-led meeting in Bangkok last December aimed at              authorities involved in the fight against illegal trade and
Outline Development Plan for the Guangdong-Hong Kong-                                                                                                      tackling illegal trade and management waste in the Asia-Pacific    management of waste.
Macao Greater Bay Area.                                                                                                                                    region and prosecuting waste crimes.
                                                                                                                                                                                                                              Ms Go and 20 other representatives, comprising prosecutors,
Judges, lawyers, experts and academics from the three                                                                                                      The one-day consultative meeting organised by the United           members of legal training institutes and environmental
jurisdictions attended the seminar. The seminar was conducted                                                                                              Nations Environmental Programme under the WasteForce               protection and customs agents in the region, took part at the
in the form of mock trials carried out according to the                                                                                                    project on 17 December 2019, aimed to identify the needs           meeting at the United Nations Conference Centre where they
respective modes of trial in the three jurisdictions under the              Secretary for Justice and participants at the Greater Bay Area Judicial Case   and challenges in the development of guidance material on          shared their experience and gave feedback on the content of
same set of material facts. The seminar significantly enhanced              Seminar                                                                        prosecuting waste crimes in the Asia-Pacific region. WasteForce    the guidance material on prosecuting waste crimes.

18                                                                                                                                                                                                                                                                                           19
Global and Mainland Connections                                                                                                                                                                                                                               Community Connections

Bridge from San Shak Wan Roundabout                                                                                                    Secretary for Justice and volunteers making caring packs of face masks and anti-epidemic supplies

                                                                                                                                       DOJ STAFF CLUB CAMPAIGN
VISIT TO                                                                                                                               TO COMBAT COVID-19
THE HONG KONG-ZHUHAI-MACAO BRIDGE                                                                                                      Contributing to Hong Kong’s outstanding community effort in                     participated either by volunteering or donating money. The
                                                                                                                                       controlling the COVID-19 virus, earlier this year the Department                funds were used to purchase anti-epidemic supplies – such as
On a sunny afternoon on 3 December 2019, a Department             In addition to its vast length, the bridge has attracted much        of Justice Staff Club donated some $120,000 worth of essential                  masks, hand sanitizers and supermarket coupons – which were
of Justice team paid a visit to the Hong Kong-Zhuhai-Macao        international attention for its innovative architecture. Built on    supplies to help vulnerable members of society stay safe and                    packed into caring packs by our volunteers. In March and May,
Bridge, the world’s longest bridge and tunnel sea crossing, to    an artificial island, the Passenger Clearance Building at the        healthy during the pandemic.                                                    the caring packs were donated to certain non-governmental
celebrate its successful completion. The visit brought together   Hong Kong Port has an undulating roof that resembles the                                                                                             organisations for distribution to the target recipients, who
colleagues across Government departments, including those         surrounding ocean waves, and tree-like columns in the arrival        The funds were raised by a special fundraising and volunteer                    included the elderly, low-income families and people with
who had worked behind the scenes to take the pioneering           and departure halls. Its design posed not just engineering           campaign organised in the Department, in which over 70 staff                    mental or physical disabilities.
bridge from design to reality.                                    challenges but legislative drafting challenges too: many aspects
                                                                  of the bridge had to be precisely regulated to ensure its security
                                                                  and smooth daily operation.

                                                                      I remember the difficulties in understanding the structural
                                                                  details of the bridge and passenger clearance facilities at the
                                                                  drafting stage before completion of construction. I was glad to
                                                                  see how our team’s hard work has been put into practice.

                                                                                                              Government Counsel
                                                                                                                     Vincent Wai

                                                                  Department of Justice counsel attending the visit also toured
                                                                  the Passenger Clearance Building, Vehicular Clearance Plaza
                                                                  and San Shek Wan Roundabout as the glowing sun dipped
Group photo at Passenger Clearance Building                       below the waters beyond the bridge.                                  Caring packs were donated to non-governmental organisations.

20                                                                                                                                                                                                                                                                               21
Knowledge and Skill Enhancement Programmes                                                                                                                                                                                            Knowledge and Skill Enhancement Programmes

OXFORD ADVANCED                                                                                                                                                                                                  NATIONAL STUDIES COURSES
MANAGEMENT AND                                                                                                                                                                                                   The Civil Service Training and Development Institute runs

LEADERSHIP PROGRAMME                                                                                                                                                                                             national studies courses for civils servants in cooperation with
                                                                                                                                                                                                                 prestigious universities in Mainland China.

Principal Government Counsel Dr James Ding from the
Secretary for Justice’s Office attended the Oxford Advanced                                                                                                                                                      TSINGHUA UNIVERSITY
Management and Leadership Programme (OAMLP) at the Said                                                                                                                                                          Assistant Principal Government Counsel Samuel Lee of the Civil
Business School, University of Oxford, UK, from 6 to 26 October                                                                                                                                                  Division attended the 12-day National Studies Course at Tsinghua
2019.                                                                                                                                                                                                            University from 21 October to 1 November 2019, along with civil
                                                                                                                                                                                                                 servants from different Government departments.
The programme has retained the number one position in the
UK for five consecutive years in the Financial Times Executive            (L to R) Cherry Ho, Glen Kong and Wilson Choi                                                                                          The course covered a wide range of interesting topics, including
Education Rankings. The international programme was attended                                                                                                                                                     a comparison of the Mainland Constitution and the Hong Kong
by 34 participants, from over 20 jurisdictions in Africa, Asia,                                                                                                                                                  Basic Law, a glimpse into modern Chinese history and the
Australia and Europe, who are senior and experienced leaders
in the government, military and private sectors, including at             MIDDLE TEMPLE                                                                                                                          Chinese political system, an overview of the Mainland economy,
                                                                                                                                                                                                                 finance and foreign affairs, the concept of the Smart City, and
CEO, CFO, chairman and director levels of different banks and
enterprises.
                                                                          ADVOCACY COURSE                                                                                                                        the Belt and Road and Greater Bay Initiatives.

                                                                          Public Prosecutors Cherry Ho, Glen Kong and Wilson Choi,                                                                               It also included visits to the local People’s Court and a private

    The programme has provided me with great learning beyond
                                                                          and Acting Senior Government Counsel Hikki Wong of the Civil        ATTACHMENT TO BEIJING                                              company that is using artificial intelligence to develop a smart
                                                                                                                                                                                                                 transportation system and intelligent security system. The
the legal field and I am grateful for the arrangement made by the
                                                                          Division, attended the Middle Temple Advocacy Training Course
                                                                          in London respectively from 11 to 22 November 2019 and from         JUSTICE BUREAU                                                     course concluded with a three-night visit of the city of Fuzhou,
Department. I am most impressed by the innovative teaching                3 to 14 February 2020 as part of ongoing training provided to                                                                          Fujian, to experience all the above from a local community
(including a session on Leadership Lessons from Shakespeare)              counsel within the Department. The intensive training course        Senior Public Prosecutor Betty Fu was attached to the Beijing      perspective.
and the quality of my fellow classmates of diverse backgrounds,           sees counsel attending workshops and seminars delivered by          Justice Bureau ( 北京市司法局 ) (BJB) from 16 to 27 December
who provided me with invaluable insights through studying and             Queen’s Counsel and senior members of the legal profession          2019 as part of an arrangement under the cooperation
                                                                                                                                                                                                                     The course provided a very good opportunity for us to return
interacting with them.                                                    in the UK. Participants are drilled in their advocacy skills in     agreements signed by the Secretary for Justice with the
                                                                                                                                                                                                                 to student life, particularly those of us who left school in the last
                                                                          conducting both criminal and civil trials and applications.         Justice Bureaus/Department of seven Mainland provinces and
                                                                                                                                              municipalities.                                                    century! Attending lessons on the Tsinghua campus guarantees
                                     Principal Government Counsel
                                                                                                                                                                                                                 a breath of fresh air into your life.
                                                      James Ding
                                                                              The personal feedback I received from experienced               The attachment programme was tailor-made by the BJB and
                                                                          practitioners and judges helped improve my advocacy skills          consisted of visits to the Beijing Lawyers Association, foreign                                    Assistant Principal Government Counsel
                                                                          from head (thinking how to structure my questioning and             and local law firms, the Beijing People’s Procuratorate, a                                                                   Samuel Lee
                                                                          submissions) to toe (how I should stand while speaking - it         forensic science laboratory, a public legal services centre, a
                                                                          really has an impact on the voice and pace!). Winning a bottle      halfway house for rehabilitating inmates, and university visits.
                                                                          of wine for having one of the best written submissions was
                                                                                                                                              The Department of Justice and its Mainland counterparts
                                                                          definitely a very welcome bonus.
                                                                                                                                              have been providing training to officials to enhance mutual
                                                                                                                                              understanding of each other’
                                                                                                                                                                         s legal system and practice.
                                                                                                           Acting Senior Government Counsel
                                                                                                                                 Hikki Wong
                                                                                                                                                  I learned immensely from the various visits through
                                                                                                                                              exchange and interaction with lawyers, judges and other
                                                                                                                                              legal personnel, especially gaining more insight into the
                                                                                                                                              infrastructure of the legal ser vices provided under the
                                                                                                                                              umbrella of the BJB.

Dr Ding participated in the Great OAMLP Debate (an Oxford style debate)                                                                                                              Senior Public Prosecutor
during the programme                                                                                                                                                                                 Betty Fu

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