The Department of Justice, is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department and Attorney General respectively. The Department of Justice's main value is the rule of law. This law is the law that has brought Hong Kong the success of being known as the world's international financial centre. Their leading principle consists of the quote “One country, Two Systems”. The Department of Justice is very important in the legal system in many ways. One being that they give legal advice to other departments in the government system. “drafts government bills, makes prosecution decisions, and promotes the rule of law”. Its main goal is to ensure that Hong Kong's status as the main centre for legal services is enhanced and maintained.
Civil Division - headed by the Law Officer, provides legal advice on civil law to all Government bureaux and departments and represents the Government both as solicitors and as barristers in all civil litigation, including arbitrations
Legal Policy Division - servicing the needs of the Solicitor General, and giving legal policy advice in respect of matters currently being considered by the Government
Law Drafting Division - is responsible for drafting almost all legislation, and all Government subsidiary legislation
International Law Division - is headed by the Law Officer and provides advice on public international law to the Government and negotiates, or provides legal advisers on negotiations, for bilateral agreements. Also handles mutual judicial assistance matters.
Administration and Development Division - is headed by the Director of Administration and Development
Law of Hong Kong
National Law
Under Article 18 of Basic Law, numerous nation laws of China apply in Hong Kong. Under Article 158 of Basic Law, the clarification of term of the Basic Law by the Standing Committee of the National People's Congress is to be followed by the courts of Hong Kong in operating the related clause.
Basic Law
The main principle of basic law is “one country, two system”. Although China took back Hong Kong in 1997, the previous law in force in Hong Kong still remain unchanged for 50 years. Except some law related to foreign affairs and defense, nation law of China will not apply on Hong Kong.
International law
There are more than 200 treaties and agreement in Hong Kong. The Hong Kong domestic law does not create the treaty unless the legislation gives force. However, it affects the common law. The rapid growth of international laws may become immersed into the common law.
Bilateral agreements
Air Services Agreements
Surrender of Fugitive Offenders Agreements
Double Taxation Avoidance Agreements
Mutual Legal Assistance Agreements
Investment Promotion & Protection Agreements
Consular Agreements
Environment Cooperation Agreements
Memorandum of Understandings on Labour Cooperation
The Department of Justice's main function is to help the government of Hong Kong Special Administrative Region through providing legal services and advice. This department, run by the Secretary for Justice, contains the Secretary for Justice's office, which is split into six different sections: 1. Administration and Development division 2. Legal Policy division 3. Prosecutions division 4. Civil division 5. Law Drafting division 6. International Law division
Mission
In order to provide the best service available to their clients, the department has promised to do their best and maintain their quality of work and ethics, follow all appropriate rules that are required by legal professions of higher power, and make sure to notify their clients the possible implications and requirements in any course of action.
Performance Standards and Targets
In general, they try to respond to correspondences that do not need a legal opinion within 10 days. If there is no response within that time frame, an interim reply will be sent out. As well, to in order to recognise a letter of complaint, it must be sent no later than 10 days and they must provide a justifiable reply within 30 days. For more complicated cases. they require a longer processing time.
Effective Monitoring
The department of Justice makes sure to do everything to the best of their ability. The quality of their work and effort will constantly be monitored by the senior management in order to improve their efforts from time to time
The User’s Role
The department of Justice is open to comments and suggestions and feedback to how they are doing their services. If one wishes to provide some input, their public number is 2867 2198.
