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Following is the speech by the Secretary for Justice, Ms Elsie Leung at the Ceremonial Opening of Legal Year 1999 today (Monday):

Chief Justice, Ladies and Gentlemen,

At last year's Opening of the Legal Year, I outlined some of the tasks that lay ahead for the Department of Justice. Today, I will describe the progress made on those tasks, and will highlight some of my department's ongoing work.

Bilingual Legal System

First, the use of Chinese in our legal system. The Committee on Bilingual Legal System, which I referred to last year, has been formed and, so far, has met on three occasions. The committee is already demonstrating its usefulness.

My own department's efforts to facilitate the increased use of Chinese in the law have continued. 32 seminars, mock trials and workshops relating to bilingual advocacy were organised during 1998; a Bilingual Legal Documents Unit was established in the Civil Division of my department; the Bilingual Court Documents Unit continues to translate materials for use in criminal proceedings; the third edition of the English-Chinese Glossary of Legal Terms has been published; and preparation of the first edition of a Chinese-English Glossary is underway.

Mutual Legal Assistance

Secondly, mutual legal assistance. As promised last year, a special Mutual Legal Assistance Unit has been set up in my department. During 1998, 4 agreements on mutual legal assistance, 2 agreements on the surrender of fugitive offenders, and 2 agreements for the transfer of sentenced persons were initialled or signed.

I am keenly aware of the need to develop mutual legal assistance between Hong Kong and the Mainland. Since Reunification, it has not been possible directly to enforce Mainland arbitration awards in Hong Kong and vice versa. The Administration has, however, been discussing with Mainland experts a proposed framework for such enforcement. Our objective is to agree on arrangements which follow the practice before Reunification and the spirit of the New York Convention, but nevertheless reflect Hong Kong's status as an SAR of the People's Republic of China. We hope to reach consensus on the new arrangements in the near future.

The previous system for the service of judicial documents as between Hong Kong and the Mainland also ceased to apply after Reunification. The Administration has therefore been discussing with the Central People's Government the possibility of re-establishing a similar system. I am pleased to report that progress has been good and that the Administration hopes to sign a memorandum of understanding on the details of the arrangement within this month.

In recent months, the question of the surrender of fugitive offenders as between Hong Kong and the Mainland has been the subject of much public debate. Last month, the Secretary for Security announced that renewed discussions with the Mainland will be taking place on this subject. The Administration is fully aware of the need to ensure that adequate safeguards are built into any proposed arrangements for rendition. My department is advising the Administration on the legal, and legal policy, aspects of this subject.

Adaptation of Laws

I turn now to adaptation of laws. The programme to adapt all legislation enacted before Reunification so that it is consistent with the Basic Law and Hong Kong's new status is well underway. Six adaptation Ordinances have already been enacted; 17 adaptation Bills are currently before the Legislative Council; and it is hoped that the remaining Bills will be introduced before the end of this session.

I would like to pay tribute to my colleagues in the Law Drafting Division who, in recent years, have shouldered the onerous tasks of both the adaptation of laws and the bilingual laws programmes. Each programme has involved a complete review of all 600 Ordinances currently in force. Thanks to the commitment and industry of our draftsmen, the programme to create authentic Chinese texts for all legislation was completed before Reunification, and the adaptation of laws programme is progressing well.

Law Reform

The work of the Law Reform Commission continues to bear fruit. During 1998, the Commission published a report on Civil Liability for Unsafe Products, and consultation papers on Stalking, Guardianship and Custody, Companies Winding-up, and the Admissibility of Confession Statements in Criminal Proceedings. I would like to thank all those who contributed to the work of the Law Reform Commission, either as members of sub-committees or by submitting comments on its consultation papers.

Work on implementing some of the earlier reports of the Law Reform Commission is being undertaken by the Legal Policy Division of my department. Bills have been introduced into the Legislative Council to implement the reports on Hearsay Rules in Civil Proceedings, and on Fraud; and it is hoped that Bills relating to Extrinsic Aids to Statutory Interpretation, the Year and a Day Rule in Homicide, and Sales Description of Uncompleted Residential Properties will be introduced later this session.

Prosecutions Division

Throughout 1998, the Director of Public Prosecutions initiated a programme of renewal and reform. The programme was designed to provide the community with an effective, independent and transparent prosecution service. The programme had five features.

First, emphasis was placed upon standards. Active steps were taken to impress upon prosecutors the central role they play in the criminal justice system. Every prosecutor must demonstrate fairness, integrity, independence and ability. We have worked to make a reality of Article 63 of the Basic Law, which guarantees that my Department shall control criminal prosecutions, free from interference.

Second, we have initiated a comprehensive training programme for prosecutors.

Third, transparency has been increased by the release last April of the prosecution policy booklet, which explained to the public at large the policy, principles and practices of the Prosecutions Division. We have also produced several other manuals and bulletins, including the Prosecution Manual 1998, the Criminal Advocacy Course Training Manual, and the Prosecutions Division Quarterly.

Fourth, emphasis was placed upon leadership from the front.

Fifth, as I mentioned earlier, we have promoted the wider use of Chinese language in criminal proceedings.

There are major challenges ahead for Prosecutions Division. The rise in fraud, corruption, electronic crimes and intellectual property cases has been significant, whilst general crime rates are also up. The Court of Final Appeal has generated a surge in criminal cases. To these challenges we must and will respond. It is apparent, in particular, that the creation of a new post of Deputy Director of Public Prosecutions, to handle, co-ordinate and advise upon Court of Final Appeal cases, is vital. I feel confident that the Prosecutions Division possesses the leadership, professionalism and enthusiasm required to enable it to meet the challenges it faces.

Civil Division

As I said earlier, the Civil Division of my department has established a Bilingual Legal Documents Unit. It has also created a Legal Advisory Division in the Works Bureau, which provides dedicated legal services to the Works Group of departments within government.

Since 1 September 1997 Hong Kong has been a party to the Hague Convention on the Civil Aspects of International Child Abduction. The Convention has been implemented in Hong Kong through local legislation, which provides that the Secretary for Justice shall discharge the functions of Hong Kong's Central Authority under the Convention. I have delegated the performance of those functions to the Civil Division of my Department. We have so far received a total of 9 requests under the Convention for the return of children allegedly abducted by one of their parents.

Civil Division has also provided important legal advisory services to the Administration, including advice on the West Rail Project, bus and ferry franchises, and issues relating to telecommunication and broadcasting. 1998 has witnessed an increase of 14% in the provision of legal advice to Government policy bureaux and departments.

Promotion of Understanding

Another important aspect of my department's work is to promote a wider understanding of Hong Kong's legal system and the rule of law. Locally, we have assisted in the production of a new law drama series, which is currently being televised; and we have completed a new edition of an education video, which has been distributed to schools and community bodies.

International awareness of our legal system has been boosted by numerous briefings that I and my colleagues have given to distinguished visitors, and to local consulates. In 1998, I personally met 49 overseas visiting delegations, and briefed consular officers on 12 occasions. We also organised a series of speaking engagements in Singapore, the United States of America, Europe and Australia.

The international community is also gaining detailed information about Hong Kong's compliance with its human rights obligations through the reports that the Administration has, and will continue, to submit to the United Nations. Last year, we submitted a report on the Convention on the Elimination of All Forms of Discrimination Against Women. This year, we will be submitting reports on the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Economic Downturn

The legal profession, like other sectors of the community, has been adversely affected by the economic downturn. Many lawyers in the private sector are facing difficult times. We must work together to find ways to overcome these difficulties. My department will continue to liaise with the professional bodies and the two law faculties with a view to contributing to the healthy development of the legal profession and of quality legal services for the community.

So far as the public sector is concerned, the Administration has announced that it will begin an Enhanced Productivity Programme in the financial year beginning in April next year. The target of that programme is to achieve savings of 5% in the Administration's recurrent baseline expenditure by the financial year 2002 to 2003.

My department will, of course, comply with that programme. Moreover, it has volunteered to advance by one year the timing for its initial return of savings and redeployment of 1% recurrent baseline expenditure. This indicates our ability and willingness to respond quickly and decisively to the economic downtown, in a manner that is in the best interests of the community.

Shared Values

Chief Justice, this annual ceremony serves to remind us of the fundamental values that are shared by members of the legal profession. We are all deeply committed to the rule of law, the independence of the judiciary, and the protection of human rights. Our reaffirmation of these concepts sends a reassuring message to the community. The fact that lawyers frequently express different opinions on aspects of the law, both inside and outside the courts, does not indicate that differences exist in respect of these fundamental shared values.

These are still early days for our new constitutional order. I wish to express my gratitude to members of my department at all levels, for their unstinting efforts in implementing the Basic Law. Their labours cover many areas, including the drafting of adaptation Bills, litigation of Basic Law issues, advising on how to harmonise our laws with the Basic Law, and advising on Mainland laws. The faithful implementation of the concept of 'one country, two systems' requires a thorough analysis and understanding of the laws of both systems, and mutual respect of the autonomies of both systems. We must fight to defend the rights guaranteed to the Hong Kong SAR by the Basic Law. By the same token, we must not attempt to impose common law rules on the legal system of the Mainland.

The members of the legal profession have a great contribution to make to the welfare of the community. Today's ceremony is a fitting occasion for us to remember this, and to reconfirm our commitment to the fundamental values that unite us.

End/Monday, January 11, 1999

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