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Following is the speech by the Secretary for Justice, Ms Elsie Leung at the Opening of the Legal Year today (January 14):

Chief Justice, Ladies and Gentlemen,

We live in times of change. In order to serve the community well, the legal profession must adapt with the times. In the past year, various reforms in respect of legal education and the administration of justice were canvassed. The common objective of these initiatives is to improve the quality of legal services, and access to justice, for all members of the community.

Legal education

The review of our legal education and training system seeks to meet "the needs of Hong Kong society into the 21st century". The consultants' report, which was published in August last year, made wide-ranging proposals for reform. The report has proved to be a catalyst for change, since the law faculties and the professional bodies are already taking steps to reform their courses and practices.

Two of the key issues are the length of the Bachelor of Laws degree, and the future of the PCLL. There is growing support for the consultants' view that the objectives of a law degree cannot be accomplished within a three-year period. These objectives include the development of generic intellectual skills and competencies, intellectual skills specific to the discipline of law, an understanding of the broader context within which our laws operate, and strong bilingual language skills. An extension of the degree to four years would give new generations of law students more time to reach the desired standards in all these respects.

The consultants were critical of the professional education currently provided in the PCLL, and recommended its replacement by a new Legal Practice Course. The two universities accept that there are deficiencies in the PCLL but believe that it can be reformed so as it meet the objectives of a legal practice course. Provided there is a substantial input from the legal profession in the reform of the PCLL, this alternative is worth exploring.

An important question raised by the consultants was whether the legal needs of all sectors of Hong Kong society are being adequately met. It was beyond the scope of the review to assess the existence, character and extent of unmet legal needs in Hong Kong. But the consultants did explore ways in which the law school curriculum can respond to the problems of Hong Kong society, and the law faculties can promote community understanding of the law. I am sure that these issues will be fully considered as the reforms are taken forward.

Civil Justice Reform

Chief Justice, if I may say so, your Working Party on Civil Justice Reform has produced a thorough and thought-provoking Interim Report and Consultative Paper. Its proposals seek to improve access to justice by making our civil justice system more cost-effective and speedy. The Department of Justice is represented on the Working Party and will continue to contribute to this important project.

The Interim Report acknowledges that some disputes may be better dealt with by an alternative dispute resolution procedure, such as mediation. This reflects a growing emphasis elsewhere on keeping cases out of court. Access to justice can often be improved by the swift and fair resolution of disputes outside the court system.

Two initiatives

At the same time as we take forward reforms to our court procedures, we should therefore explore ways in which members of the community can resolve their disputes without going to court. Two initiatives are taking place in this respect, both prompted by a motion debate in the Legislative Council.

(1) Community legal services

The first initiative is to try to improve the delivery of free legal services within the community. As many of you are aware, there are many organisations that provide free legal advice. These include the Duty Lawyer Service (managed and administered by the Law Society and Bar Association), and numerous non-government organisations. I would like to pay tribute to all those who have so generously provided legal advice under these various schemes.

Free legal services are widely available, but we need to consider whether those services can be consolidated or streamlined, and whether resources can be more efficiently allocated. These issues are being examined critically by some of those who deliver the services. I would like to acknowledge the efforts of the Hon Margaret Ng and the Hon Audrey Eu in this initiative. My department will do what it can to promote any new arrangements that emerge.

(2) Community legal needs

The second initiative is a proposed survey of the demand for legal and related services in the community. The precise objectives of such a survey need to be determined. In the course of the project on legal education, for example, it has been suggested that any informed decision as to reform requires a full and proper survey of the unmet legal needs of all Hong Kong's various social groups. This could help to determine appropriate curricula, and better integrate the legal profession and the universities into the lives of their communities.

Another possible objective of such a review would be to ascertain how members of the community currently seek to resolve their legal problems; why they do or do not seek legal advice; and whether they feel barred from access to lawyers or the courts. A survey of this type might help in developing strategies, either for improving access to the courts or for diverting cases away from the courts into private dispute resolution forums.

Research in this area raises complex issues and, in order to be effective, needs to be soundly based on empirical studies. My department is exploring this project further with the professional bodies and the universities, with a view to seeking a consensus on the way forward.

Developing Hong Kong's legal services

I have spoken on many occasions of the opportunities that China's accession to the WTO offers to the legal profession in Hong Kong. In particular, I have emphasized that we should develop Hong Kong as a resolution centre for international trade disputes in the Mainland. The Administration is actively promoting this idea, which depends for its success upon international and local businessmen being aware of the advantages offered by Hong Kong.

We already have arrangements for the reciprocal enforcement of Hong Kong and Mainland arbitral awards. We are hoping to put in place arrangements for the reciprocal enforcement of certain commercial judgments between Hong Kong and the Mainland. These judgments would be limited to those based on an agreement to have disputes determined by the courts of the relevant jurisdiction. If a contract provides that disputes are to be resolved by Hong Kong courts, a resulting judgement in Hong Kong could be enforced in the Mainland, and vice versa. Such an arrangement should be attractive to international businessmen, since the Hong Kong legal system offers a first-class service, and enforcement of Hong Kong judgments in the Mainland would enable assets there to be pursued.

As we develop Hong Kong's commercial legal services, we must also ensure that all members of the community in Hong Kong have access to justice. The two objectives do not clash. On the contrary, developments in both areas can go hand-in-hand. Both areas depend on our future lawyers being adequately educated and trained; both areas depend upon our civil justice system being cost-effective and speedy; and both areas depend upon our ability to identify and meet the needs of those with legal problems.

As reforms in all these aspects of our legal system move forward, the prospects for legal practitioners, and for their clients, are encouraging.

Into the 2nd Term Government

This summer, the Government of the HKSAR will move into its second term. I wish to thank those who have given the Department of Justice their unfailing support and friendship during the last four and a half years. There have been many controversial legal issues that have been hotly debated in and out of our courts during this period. However, this is a healthy sign of an open and pluralistic society. It is also a reflection of the way in which the common law develops.

In the past few years, we have witnessed a significant development of our new constitutional law. Precedents were established and uncertainties removed. These developments strengthened the Basic Law and reinforced the rights and obligations contained in it.

The fact that lawyers are no longer reticent on public issues is also a good sign of their social commitment and their willingness to shoulder civic responsibilities. When issues of public importance are determined, the identity of the party whose position is vindicated is comparatively unimportant. What is crucial is that ultimately justice triumphs and truth conquers.

In the year ahead, there are pivotal issues to be resolved - particularly in relation to legal education and civil justice reforms. I look forward to the continuing participation of all lawyers and hope that they - be they judges, barristers, solicitors or academics - will play a full part in these reforms and in other public issues, in the spirit of professional fraternity. The theme of the first term government has been one of continuity and stability. In the second term, the Government and the people of Hong Kong must take bold strides forward, rising to the challenges ahead and searching for excellence in the face of globalisation and economic transformation.

I wish you all every success in 2002.

End/Monday, January 14, 2002

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