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Following is the text of the opening remarks made by the Secretary for Justice, Ms Elsie Leung, at a press conference on the Policy Agenda today (January 14):
The Role of the Department of Justice in the Policy Agenda
Good afternoon, ladies and gentlemen. My colleagues (Secretary for the Civil Service, Secretary for Security and Secretary for Constitutional Affairs) and myself are pleased to meet you and explain to you our respective roles in the implementation of the Policy Agenda relating to "Effective Governance".
As stated in the Policy Agenda, the Government "will work to provide a sound foundation through effective governance to maintain and further develop Hong Kong's position as a world city of Asia. We are determined to maintain the rule of law in Hong Kong and will continue to take forward our constitutional development in accordance with the Basic Law. We will restore our fiscal balance to foster an environment conducive to continued economic growth and success. We are committed to maintaining a small but responsive and accountable government, and a permanent, meritocratic, professional, politically neutral and clean civil service."
Our Mission
The Department of Justice will play a key role in helping policy bureaux to implement their initiatives in a lawful and constitutional manner. The mission 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, to conduct criminal prosecutions effectively and fairly, and to maintain and improve the present legal system. The work of the Department of Justice therefore underpins the initiatives that are described in the whole Policy Agenda Booklet.
Rule of law
My department plays a key role in maintaining the rule of law. For example -
(1) it advises whether any proposed government action can be achieved under the current law and, if not, on other lawful ways forward (such as by legislating or modifying the proposal);
(2) it advises whether proposed policies or legislation are consistent with human rights guarantees and other provisions in the Basic Law - if they are not, the policies or legislation will not go forward;
(3) it ensures that prosecution decisions are made in accordance with fair and transparent policies, and that prosecutions are conducted fairly and effectively.
My department also advises on constitutional developments. For example, in the year ahead we will assist in legislative amendments needed in respect of the forthcoming rural elections, and elections for District Councils and for the Legislative Council. We will also help with measures to facilitate the development of political parties and political groups.
Legal services to the HKSARG
The legal services provided by my department to the SAR Government extend beyond constitutional matters to all areas of government.
We will contribute to Effective Governance, for example, by -
* advising on lawful ways of reducing Civil Service expenditure
* drafting legislation to implement Article 23 of the Basic Law
* drafting budget legislation, further legislation against terrorism and transnational organised crimes and legislation on soccer betting
* participating in negotiations with the Mainland and other jurisdictions for bilateral legal co-operation in criminal matters
We will contribute to a Vibrant Economy, for example, by -
* assisting to resolve legal issues relating to the co-location of immigration and customs facilities
* providing legal advice on all governmental infrastructure projects
* advising on legal reforms needed to maintain Hong Kong's position as an international financial centre and to enhance corporate governance
* advising on WTO aspects of the proposed CEPA with the Mainland
* drafting legislation to simplify conveyancing under a title registration system
* assisting in developing Hong Kong as a regional centre for legal services and dispute resolution
* assisting Hong Kong lawyers in gaining opportunities from business in the Mainland
We will contribute to a Caring and Just Society, for example, by -
* drafting legislation relating to adoption, smokeless workplaces and public places, and misleading and untruthful health claims
* advising on the government's obligations under six major human rights treaties
We will help to develop Enlightened People with a Rich Culture, for example, by -
* continuing to promote reforms in legal education and to establish a new Standing Committee on Legal Education and Training
* advising on the government's obligations under the International Covenant on Social, Economic and Cultural Rights
We will contribute to Environmentally Responsible Development, for example, by -
* drafting appropriate provisions in franchise agreements and contracts for public works projects
* drafting necessary improvements to legislation on building control, building safety and town planning
Improving the legal system
In addition to the work we are doing on legal education and developing Hong Kong as a legal services centre, we will also be -
* commissioning socio-legal research into the unmet need for legal services
* continuing a dialogue with the Law Society and the Bar Association on higher rights of audience; and looking into the suitability of introducing conditional fees
Other work
In addition to the areas of work highlighted above, the Department of Justice provides legal advice and services on a wide range of matters. The paper submitted to LegCo's AJLS Panel on 25 November 2002 contains further information on these.
Ladies and gentlemen, you will see therefore that the work of the Department of Justice is closely knitted into the Government's Policy Agenda although our initiatives may not form separate items in the Policy Agenda. We shall continue to co-operate and support other bureaux and departments in the implementation of the Policy Agenda.
End/Tuesday, January 14, 2003
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