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Following is the opening statement by the Secretary for Justice, Ms Elsie Leung, at the Legislative Council Administration of Justice and Legal Services Panel Meeting today (Tuesday):
Good afternoon, ladies and gentlemen. I am pleased to have this opportunity to address you on the Department of Justice's Policy Objective, the progress made in the past 12 months on the various pledges made in previous years, and the new initiatives set out in our Policy Objective Booklet released earlier this month.
Policy Objective
The Policy Objective of the Department of Justice is to uphold the rule of law, provide efficient and effective legal services to the Hong Kong Special Administrative Region Government, and to maintain and improve the present legal system.
Looking back over the months since the establishment of the Hong Kong Special Administrative Region, I am pleased to say that our reunification with the People's Republic of China has been smoothly accomplished; that the rule of law has been firmly upheld; and that the integrity of our legal system has been fully preserved. I measure our success in this by a number of key factors:
* Every member of the community remains equal in the eyes of the law, and the courts and all those involved in the administration of justice apply the law without fear or favour.
* Our legal system has continued to operate smoothly and Hong Kong remains a vibrant and cosmopolitan member of the common law world.
* Almost all the ordinances previously in force have been adopted as laws of the Hong Kong Special Administrative Region.
* Justice continues to be administered by an independent judiciary, with all judges serving before reunification remaining in office to serve the Hong Kong Special Administrative Region.
* Criminal prosecutions continue to be conducted by the Department of Justice, free from any outside interference.
* The Court of Final Appeal has been established, providing for the first time a final appellate court locally, and with a majority of Hong Kong judges. The special arrangement of having a judge from another common law jurisdiction sit as the fifth member of the court is working well, and the judges appointed for this purpose are of the highest international calibre.
* The first Legislative Council, as envisaged in the Basic Law, has been established by free and open elections successfully held last May.
* The Hong Kong Special Administrative Region continues to participate in more than 20 international organisations, and continues to be party to around 200 multilateral treaties.
Progress Report
Let me now report to you the progress on my previous commitments. The details are set out in the Department of Justice Progress Report published earlier this month.
In the context of the 1997 Policy Address and my Policy Programme for last year, 20 new commitments were announced. Adding the eight outstanding pledges made since 1994, the Department of Justice is accountable for 28 pledges. Of these :
* we have completed 12;
* we are on schedule on nine;
* one is under review;
* we are taking active measures to speed up the progress on two that are behind schedule; and
* we are pressing ahead with four on-going commitments.
The 12 that have been fulfilled are the pledges :
* to devise a programme to train Government Counsel to conduct court proceedings in Chinese [Prosecutions Pledge 1];
* to speed up action to recover costs of legal proceedings awarded to the Government and to enforce judgment debts [Civil Law Pledge 1];
* to provide legal advice on Mandatory Provident Fund Schemes and Occupational Retirement Schemes [Civil Law Pledge 2];
* to form a dedicated team to assist in translating contracts and court documents related to civil proceedings in courts [Civil Law Pledge 3];
* to consider ways to enhance legal support for the expanded Insider Dealing Tribunal [Civil Law Pledge 4];
* to set up a dedicated team to provide legal input to the Government regarding the elections in 1998 and 2000 [Legal Policy Pledge 1];
* to strengthen the Basic Law Litigation Task Force to ensure that litigation having a Basic Law dimension is fairly presented and fully argued in court [Legal Policy Pledge 2];
* to proceed with the adaptation of laws to ensure consistency with the Basic Law and the status of Hong Kong as a Special Administrative Region of the People's Republic of China, and to complete the drafting of adaptation bills in respect of all essential subjects [Law Drafting Pledge 1];
* to make Hong Kong laws more accessible to the local and international community by placing the laws of Hong Kong on the Internet [Law Drafting Pledge 2];
* to strengthen the Law Drafting Division to deal with additional drafting work required in the three years from 1995 to 1997 [Law Drafting Pledge 3];
* to establish a library of resources of international rights and obligations under multilateral treaties that apply to the Hong Kong Special Administrative Region [International Law Pledge 1];
* to submit for consideration by the Provisional Legislative Council our proposal to establish a Mutual Legal Assistance Unit to handle requests for mutual legal assistance to and from other jurisdictions on criminal and civil matters [Implementing the Basic Law Pledge 1];
We are on schedule to achieve the following nine targets pledged last year :
* The first is to promote knowledge within the civil service on the application of the Basic Law and national laws in the Hong Kong Special Administrative Region. So far, 16 Basic Law seminars have been held and similar seminars will continue to be held on a regular basis. Assistance has also been given to the Civil Service Training & Development Institute in the production of promotional materials [Legal Policy Pledge 3].
* The second is to set up model courts and conduct mock trials in the Mainland. We have reached agreement in principle with relevant departments and institutions in the Mainland on the scheme. We will endeavour to complete the pledge on time.
* The third is to review the second edition of the English-Chinese Glossary of Legal Terms and carry out preparatory work for the third edition. The review is now complete and we have published the third edition of the glossary [Law Drafting Pledge 4].
* The fourth is to set up a special team in the 1998-1999 legislative session to review existing legislation to remove terminological inconsistencies and to improve upon readability. A team comprising nine supernumerary posts has been created. In 1998-1999, we aim to put together a work programme on taking forward this task [Law Drafting Pledge 5].
* The fifth is to prepare in the 1998-1999 legislative session the first edition of the Chinese-English Glossary of Legal Terms. Preparation of the first edition is underway [Law Drafting Pledge 6].
* The sixth is to complete in the 1998-1999 legislative session the drafting of adaptation bills in respect of all the 640 ordinances. Drafting of various adaptation bills is in progress and the exercise is expected to be completed on time [Law Drafting Pledge 7].
* The seventh is to negotiate eight more bilateral arrangements on mutual legal assistance in criminal matters, surrender of fugitive offenders and transfer of sentenced persons. So far, six agreements have been initialled. Initialling of two other agreements is likely to be achieved on schedule, provided dates can be agreed with our negotiating partners [International Law Pledge 2].
* The eighth is to produce a series of law dramas, educational videos and other handouts to promote the rule of law and the Hong Kong Special Administrative Region's legal system. Screening of the new law drama series will start in late November. A new edition of the "Legal System in Hong Kong" has been published. The educational video has been completed and will soon be distributed to schools and interested community bodies [Administration and Development Pledge 1].
* The ninth is to promote international awareness of the rule of law and legal system of the Hong Kong Special Administrative Region by organising and conducting overseas speaking engagements. A series of overseas speaking engagements was undertaken by the Secretary for Justice and senior officers of the Department of Justice in Singapore, various cities in the USA, Europe and Australia [Administration and Development Pledge 2].
One pledge, made in 1994, is still under review. It was to spend $10.5 million during the years 1994 to 1997 to provide training in the common law for Mainland government lawyers. I am pleased to report that we have reached agreement in principle with our counterparts in the Mainland for the project to go ahead. We are now proceeding to implement the programme.
We are behind schedule on two pledges :
* The first was the pledge made in 1996 to publish a Law Reform Commission report on Surveillance and Interception of Communications. There are sound reasons for the delay.
When the 1996 pledge was made, the responses to the Commission's consultation paper on Surveillance and Interception of Communications had yet to be fully analysed and it was then anticipated that a final report could be issued within the next 12 months. Two factors intervened, however. First, the public and the Legislative Council were urging for an early report on Interception of Communications, which led the Commission to decide to focus its efforts on finalising its proposals in that area first. In the event, the Commission published a final report on Interception of Communications in December 1996.
The second factor was that it became apparent when the Commission's Privacy sub-committee considered the responses to their consultation paper on Surveillance and Interception of Communications that the issues raised were wider and more complex than originally envisaged. Instead of merely issuing a single report on Surveillance, the sub-committee concluded that it would be necessary also to consider the subjects of Stalking, Civil Liability for Invasion of Privacy and the Regulation of Media Intrusion, and that resolution of these areas should precede final consideration of Surveillance.
As a result, the timetable for publishing a report on Surveillance has had to be adjusted accordingly. A consultation paper on Stalking was issued earlier this year. Consultation papers on Civil Liability for Invasion of Privacy and the Regulation of Media Intrusion are being finalised and should be issued early next year. Final reports on those three subjects will precede a final report on Surveillance. In the circumstances, it is unlikely that a report on Surveillance will issue before the end of 1999, and probably more realistically mid-2000. The result, however, will be a comprehensive series of reports covering all aspects of Privacy, rather than a single report of limited scope as was envisaged at the time when the 1996 pledge was made.
* The other pledge that is behind schedule is the one made last year to obtain in 1998 authorisation from the Central People's Government and negotiate five bilateral agreements on reciprocal enforcement of judgments. Our consultation with the Ministry of Foreign Affairs of the People's Republic of China has yet to be concluded. In the circumstances, negotiations are unlikely to start in 1998. We will proceed with negotiations when authorisation from the Central People's Government is obtained. We expect to be able to make progress in the near future.
We are pressing ahead with the four on-going commitments :
* We are continuing to work on the legal issues and administrative arrangements related to the legal and procedural arrangements between the Hong Kong Special Administrative Region and the Mainland in civil and commercial matters.
* We are discussing with the Bar Association arrangements for the admission of foreign lawyers as barristers.
* We are organising lectures and seminars in the Mainland for government officials, judges and academics, to enhance their understanding of Hong Kong laws.
* We are continuing to organise (together with the Advocacy Institute of Hong Kong) training courses for government counsel on advocacy in Chinese, so as to further develop bilingual litigation in the courts.
Looking Ahead
Looking ahead, we will in the coming year continue to press ahead with our work in the following key areas :
* formulate and promote legal policy and advise Government on legal policy issues;
* provide advice on international law issues and handle requests for international legal co-operation;
* draft sound and enforceable legislation;
* provide legal advice to Government and other public bodies on civil law matters, undertake civil litigation and draft contracts on construction-related and other commercial matters;
* advise and decide whether or not criminal proceedings should be undertaken and prosecute cases in the courts; and
* develop efficient and effective bilingual legal services, promote better use of information technology, and promote public understanding of the rule of law and the legal system both locally and overseas.
New Initiatives
On top of these, the Department of Justice will implement 16 new initiatives.
In relation to the work of the Legal Policy Division, we will :
* create an electoral resource reference library of cases, text books, articles, comparative legislative extracts, glossary of terms, guidelines and practice manuals; and
* publish a new index to the Basic Law.
In relation to the work of the International Law Division, we will :
* continue to promote HKSAR's participation in international law forums;
* identify areas in which HKSAR may benefit from international co-operation and pursue appropriate arrangements; and
* negotiate nine new bilateral agreements on Reciprocal Enforcement of Judgments, Mutual Legal Assistance, Transfer of Sentenced Persons and Surrender of Fugitive Offenders.
In relation to the work of the Law Drafting Division :
* we will prepare the first edition of the Chinese-English Glossary of Legal Terms; and
* as stated earlier, we will also outline a work programme for the review of relevant ordinances to identify outdated and unclear provisions, and to redraft the provisions in plain and modern language.
In relation to the work of the Civil Division, we will :
* provide support for new activities in relation to information technology, telecommunications and broadcasting and the implementation of the Mandatory Provident Fund;
* provide advice on matters relating to the establishment of the new Information Technology and Broadcasting Bureau and preliminary work relating to the re-organisation of district organisations; and
* draft, vet and advise on the Chinese versions of contracts, undertakings, tender documents, public franchises and other legal documents for the Government.
In relation to the work of the Prosecutions Division, we will :
* improve our ability to conduct criminal cases which go to the Court of Final Appeal, by strengthening the establishment of the Division;
* conduct the majority of criminal cases in both official languages effectively at all levels of court; and
* provide counsel with a regularly updated English-Chinese glossary of legal terms for use at criminal proceedings.
In relation to the work of the Administration and Development Division, we will :
* enhance public interest in the department's homepage on the Internet, in order to promote better understanding of the department's work, our legal system and the rule of law;
* employ further measures to promote public knowledge of our legal system; and
* promote work efficiency through the best use of information technology by establishing a permanent Information Technology and Resources Unit.
Conclusion
The Department of Justice is determined to play its part in realising the vision of "One Country, Two Systems" and the principle of "Hong Kong people ruling Hong Kong". We are fully committed to upholding the rule of law under the Basic Law, and are ready and eager to take on the challenges that lie ahead.
I am now happy to answer any questions that Honourable Members may wish to raise.
End/Tuesday, October 20, 1998
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