THE DOJ NEWSLETTER 2018 ISSUE 2
FORUM TO MARK NEW YORK CONVENTION TURNING 60
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, has turned 60. The Convention is a key instrument in international arbitration, “… It is right that the achievements of the authors requiring its 159 contracting states to recognize and and contributors to the New York Convention enforce arbitration agreements and arbitral awards in 1958 should today be acknowledged. But the made in other contracting states. To commemorate ethos of the Convention should not be forgotten the occasion, DOJ, the United Nations Commission as we look ahead to improve the system of on International Trade Law (UNCITRAL) and Asian alternative dispute resolution. Academy of International Law jointly organized In what can be described as the preamble to the a forum in Hong Kong on 20 September with the Convention, the wish was expressed that the Secretary of UNCITRAL Anna Joubin-Bret as one of the United Nations would take steps to encourage special guest speakers. further study of measures to increase the Themed “Rejuvenating New York Convention in the effectiveness of institutions in the settlement 21st Century”, the forum brought together world of private law disputes. As we have seen in the class experts on arbitration and mediation, including development of institutions such as mediation, Prof Albert Jan van den Berg, Dr Nils Eliasson, Prof this ethos is ultimately the legacy of the New York Christopher Adebayo Ojo and Mr Barton Legum, as well Convention.” as distinguished judges, including Judge Gao Xiaoli and the Hon Justice Edward Torgbor. The application The Hon Chief Justice of the New York Convention over the last six decades Geoffrey Ma Tao-li GBM and its future were canvassed in depth.
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ALERT — Calendar of Legal and continued from page 1 Dispute Resolution Events Looking to the future, Ms Joubin-Bret updated the A year-round calendar of key professional 230 participants on the development of a new draft development and networking events is now Convention that aims to implement an international available at https://www.legalhub.gov.hk/eng/events.html legal framework for better enforcing mediated settlement agreements between the signing parties. Delegates from the Central People’s Government In This Issue (CPG) were involved in UNCITRAL’s Working Group. Features and Legal Updates The new Convention is expected to be open for New York Convention Forum 1 signature in 2019 and DOJ will pay close attention to Belt and Road Summit 2 the CPG’s position on ratifying the Convention and its Mediation Week 2018 3 extension to the HKSAR. Legislative Updates 3 Hong Kong 2022 ICCA Congress 4 The most effective means of resolving investor-State Glossary Projects to Promote Legal Bilingualism 4 disputes was the subject of a lively debate between those favouring arbitration and those favouring Promotion and Co-operation mediation. It generated many constructive ideas Secretary for Justice’s Activities 5 about the preferred means having regard to their DOJ’s Global Connections 6 particular benefits and limitations. Asia/Pacific Group Meeting on Money Laundering 8 China-ASEAN Prosecutors Exchange and Training Base 8 In her closing remarks, Secretary for Justice Teresa China-ASEAN Prosecutors-General Conference 8 Cheng SC reviewed talking points of the forum, 125th Hague Conference on Private International Law 9 including the implications of investment mediation Prosecution Week 9 on the future of investment arbitration and whether APEC Workshop in Indonesia 10 the Convention needs to be modernized to meet new Legal Co-Operation Agreement with Nigeria 10 challenges. In celebrating its diamond jubilee, the Symposium on International Investment Law 10 Secretary declared that “60 is the new 40” and the Law Reform Essay Competition 11 Convention’s simple formula would continue to be Hackathon Winners 11 successfully used for years to come. Staff News Professional Development—Overseas Courses 12 Dragon of Justice 14 BELT AND ROAD SUMMIT Colleagues Meet Up 14 Q&A Government Counsel 15 Running for Health and Wellness 15
Useful Information Notable Judicial Decisions 16
Editorial Board • Audrey Parwani (Prosecutions Division) • Becky Hung and Cherie Chan (Administration and Development Division—also Board Secretary) On 28 June, the 3rd Belt and Road Summit, jointly • David Ng (International Law Division) organized by the HKSAR Government and HK • Jenny Law (Legal Policy Division) Trade Development Council, welcomed some 5,000 • Samuel Lee (Civil Division) participants from 55 countries and regions at the • Theresa Johnson (Law Drafting Division—also Board Chairperson) Hong Kong Convention and Exhibition Centre. At the “Hong Kong as the Deal Maker and Dispute Special thanks to: Resolver” session, Secretary for Justice Teresa • Elizabeth Grindey (Law Drafting Division) • Eva Wong (Public Relations and Information Unit) Cheng SC delivered welcome remarks highlighting • General Translation Unit the importance of the Hong Kong legal sector in • Patrick Chan (Information and Technology providing risk management related services for Management Unit) companies across the globe during different stages • Wallance Ng (Law Drafting Division) of business transactions.
2 DOJ Newsletter 2018 Issue 2 MEDIATION WEEK 2018 — “Mediate First: Exploring New Horizons”
As well as working at an international level to enhance Shui Po and involved games, performances and other Hong Kong’s role as a centre for international dispute activities designed to promote the use of mediation resolution services, the DOJ Mediation Team stages a to members of the public, including ethnic minorities biennial Mediation Week. Mediation Week 2018, from and new arrivals. 11 to 19 May, consisted of a series of promotional activities, including a mediation carnival, sector- The week’s large-scale event was the Mediation specific mediation seminars, a seminar on cross- Conference attended by some 600 participants. border disputes, a large scale Mediation Conference Local experts and eminent speakers from Australia, and the 4th Shanghai-Hong Kong Commercial Mainland China, Malaysia, New Zealand, South Mediation Forum (co-organized with the Joint Korea, UK and US shared their views and experiences Mediation Helpline Office). on the latest global developments. Topics covered included the role of mediation in resolving disputes Themed “Mediate First: Exploring New Horizons”, arising from the Belt and Road and Guangdong- Mediation Week 2018 aimed to promote the wider Hong Kong-Macao Bay Area development initiatives, use of mediation in various sectors including medical online dispute resolution and the use of mediation in and health, arts and entertainment, education, resolving international commercial disputes. and in resolving employees’ compensation claims, disputes in the workplace and cross-border The keynote speech was delivered by the lead author Commentary on the Hong Kong Apology Ordinance commercial disputes. The arts and entertainment of , sector stakeholders were keen to see how disputes Professor Robyn Carroll of the University of Western in their community—such as intellectual property Australia Law School. According to Professor Carroll, disputes in film scriptwriting, or disputes between Hong Kong’s Apology Ordinance complements its artists and managing companies—could be resolved Mediation Ordinance. The Apology Ordinance makes through mediation. Maintaining amicable working it possible for disputing parties to apologize, without relationships is critical to success within this tight- their apologies being admitted as evidence in court knit community. proceedings. With that legal protection, it is easier for parties to defuse a dispute by saying sorry and to The mediation carnival was held at the recently reach an amicable resolution without litigation. completed West Kowloon Mediation Centre in Sham
LEGISLATIVE UPDATES Paternity Leave Increased Hearsay Evidence Reform The Employment (Amendment) Bill 2018 seeks to The Evidence (Amendment) Bill 2018 proposes increase the paternity leave entitlement under the to reform the common law rule against hearsay Employment Ordinance (Cap. 57) from three to five evidence in criminal proceedings to allow the days. The Bill was passed by the Legislative Council admission of hearsay evidence if the parties agree, on 25 October. if no party opposes it or, when contested, if the conditions of necessity and threshold reliability are satisfied. The Bill is being scrutinized by a Bills Committee.
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HONG KONG WINS BID TO HOST 2022 ICCA CONGRESS
S.K. Lee (3rd from R) and Bernard Yue (2nd from R) with representatives from HK International Arbitration Centre
HKSAR has been chosen to host the International dispute resolution. Secretary for Justice Teresa Council for Commercial Arbitration’s 26th Congress Cheng SC welcomed the news as “a vote of in 2022. The ICCA Congress, held biennially, is the confidence in Hong Kong’s thriving position as a legal largest regular conference devoted to international and dispute resolution hub that will complement arbitration and is renowned for its significant Hong Kong’s continued efforts in promoting contribution to the development of international international dispute resolution”.
GLOSSARY PROJECTS TO PROMOTE LEGAL BILINGUALISM Starting in 1986, existing English laws were translated Secretariat which is staffed by the Legal Policy Division. and Chinese terms were created to correspond to Data for the glossaries is being compiled in two phases, English legal terms that had no equivalent. Since then, starting with the selection of entries for the English- the Chinese terms have evolved and gained a level of Chinese glossary before working on the Chinese-English recognition and acceptance. Two new bilingual legal glossary. glossaries will be made available on the DOJ website, In 2017 an internal prototype was developed by the IT with a tentative roll-out date from Q4 of 2020. Management Unit to enable DOJ colleagues to access Announced in the Chief Executive’s 2018 Policy preliminary entries in the combined English-Chinese Agenda, the DOJ initiative will make it easier for glossary. User feedback on the design and functions people to access and search legal terms across both of the prototype has been carefully considered by the languages and supports the increasing use of Chinese project’s Editorial Board and the IT Management Unit, legal terms by the legal and wider community. The and has informed the development of an enhanced glossaries will be made up of the glossaries of all prototype set to be trialed within DOJ from Q1 of 2019. the DOJ divisions and the Law Reform Commission
LANGUAGE IN FOCUS The glossaries focus on language used in the law and government communications. For example, “copy” is an English word with multiple meanings and finding the right Chinese equivalent can be problematic. In the glossaries, the entry for “copy” identifies 6 equivalent terms: 文本 , 副本 , 製成本 , 複製 , 複製本 , 複製品 . Using “copy” correctly according to English grammar can also be tricky. For example, does a requirement to provide “a copy of the notices” refer to one single copy or several copies? Often, the principle of agreement in English grammar—the way in which words are matched to express number—can seem baffling to non-native English speakers. It is important to use the correct singular or plural form: 1 “a copy of the notice” refers to a single copy for a single notice 2 “a copy of the notices” a single copy for each different notice 3 “10 copies of the notice” 10 copies for a single notice 4 “10 copies of the notices” 10 copies for each different notice? or 10 copies for all the notices?
To clarify any ambiguity in examples 2 and 4, using “each” with a singular noun would help, e.g. “a copy of each notice” or “10 copies of each notice”.
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SECRETARY FOR JUSTICE’S ACTIVITIES — APRIL TO SEPTEMBER
Beijing, 26 to 29 April Washington DC and New York, 11 to 18 July Visit to Beijing to pay courtesy calls on the Hong Kong and Macao Affairs Office of the State Council, the National Development and Reform Commission, the Legislative Affairs Commission, the HKSAR Basic Law Committee of the Standing Committee of the National People’s Congress and the Ministry of Justice.
Beijing, 9 to 12 May Visit to Beijing to pay courtesy calls on the Ministry of Foreign Affairs and the Ministry of Commerce and With the former US Attorney General Jeff Sessions again on the National Development and Reform Visit to Washington DC to give a plenary keynote Commission. The Secretary, together with Hong speech at the Society of International Economic Kong legal and dispute resolution practitioners, Law Biennial Conference. The Secretary spoke at visited the Supreme People’s Court and the State- the American University Center on International owned Assets Supervision and Administration Commercial Arbitration on Hong Kong’s role Commission of the State Council to exchange views in international arbitration, and Georgetown on opportunities created by the Belt and Road University Law Center on the dynamics of initiative and Guangdong-Hong Kong-Macao Bay Area international legal norms. She met with the former development. Attorney General of the Department of Justice and Deputy Secretary of State of the Department of London, 12 to 16 June State, and visited New York.
Guangzhou and Shenzhen, 4 to 6 September Visit to Guangzhou and Shenzhen to speak at the Hong Kong Legal Services forum themed “From Bay Area to International Arena” organized by the Department of Justice in Guangzhou. The Secretary met with the Vice-Governor of Guangdong Province and visited courts in Shenzhen.
Beijing, 9 September Visit to Beijing to attend the Tsinghua World With the Lord Chancellor and Secretary of State for Justice of the UK David Gauke Forum on the Rule of Law and speak at the session Visit to London to speak at seminars organized “Regional Economic Integration, Trade Disputes by the Hong Kong Association, Asia House, King’s and the Construction of the Rule of Law”. College London and Gray’s Inn. The Secretary spoke on Hong Kong’s role as a deal-making and dispute- Incheon, 10 to 11 September resolution hub in the context of the Belt and Road Visit to Incheon, South Korea to speak on third initiative and the Guangdong-Hong Kong-Macao Bay party funding at the United Nations Commission Area development. She met with the Lord Chancellor on International Trade Law Inter-sessional and Secretary of State for Justice and members of Regional Meeting on Investor-State Dispute the All Party Parliamentary China Group of the UK Settlement Reform. Parliament. Beijing, 13 to 15 September Beijing, 1 to 3 July Visit to Beijing to meet with officials of the Supreme Visit to Beijing for the Belt and Road Legal Co- People’s Court and attend the annual working operation forum themed “Joining Hands for Building meeting with the Department of Treaty and Law of Belt and Road—Rules and Co-ordination”. the Ministry of Foreign Affairs. 5 DOJ Newsletter 2018 Issue 2 DOJ’S GLOBAL CONNECTIONS — APRIL TO SEPTEMBER
* Secretary for Justice’s activities (see p.5)
(L to R) Lawrence Peng, Rachel Tang, Karen Chan, Mabel Cheung, Karmen Kwok, Law Draftsman Theresa Johnson and Henry Chan Visit to the People’s Procuratorate of Guangdong Province at the Perth IT forum
rd (1st, 3 and 4th from L) Anthea Li, Martin Hui and James Ding (L) in Xiamen Denise Chan in Paris Jenny Law at Oxford University
Source of map: https://ubisafe.org/explore/svg-map-open-source-world/
6 DOJ Newsletter 2018 Issue 2
Beijing Kuala Lumpur, 14-17 August China Studies Course at Peking University, 26 June- International Malaysian Law Conference attended 12 July (see p.12). by Deputy Director of Public Prosecutions William Tam SC, Acting Senior Assistant Director of Public Advanced National Studies Course at the Chinese Prosecutions David Chan and Senior Public Academy of Governance, 9-21 September, attended Prosecutor Florrie Chan. by Senior Assistant Law Draftsmen Mabel Cheung and Rayne Chai. London, 9-20 July Middle Temple Advocacy Course (see p.13). Berkeley, 20 August - 12 October Hong Kong Officers Professional Development Programme at University of California, Berkeley Montreal, 16-18 July st (see p.12). Scourge of Trafficking in the 21 Century conference organized by the International Society for the Reform of Criminal Law and attended by Senior Brunei, 14-15 August th Assistant Director of Public Prosecutions Catherine 11 China-ASEAN Prosecutors-General Conference Ko and Senior Public Prosecutor Christal Chan. (see p.8).
Cambridge, 2-9 September Nanning, 19-21 June 36th Cambridge International Symposium on China-ASEAN Prosecutors Exchange and Training Economic Crime, attended by Senior Assistant Base (see p.8). Director of Public Prosecutions Winnie Ho and Senior Public Prosecutor Margaret Yu. Nigeria, 6-8 August Nigerian government delegates visited HKSAR Canberra, 4-6 April to negotiate mutual legal assistance in criminal Australasian PCC and Commonwealth Association matters (see p.10). of Legislative Counsel (Pacific) Drafting Conference, attended by five counsel from the Law Oxford Drafting Division including the Law Draftsman. Hong Kong Officers Professional Development Programme at Oxford University, 23 April-15 June Guangdong, 16-18 May (see p.12). Visit to the People’s Procuratorate of Guangdong Advanced International Advocacy Course at Oxford Province, by five delegates including Director of University, 28 August-1 September (see p.13). Public Prosecutions David Leung SC. The visit included observing proceedings at different Paris, 24-29 June levels of courts including the recently established Financial Action Task Force’s Joint Plenary People’s Procuratorate of Qianhai. week attended by Deputy Director of Public Prosecutions Martin Hui SC, Assistant Director Jakarta, 13 July of Public Prosecutions Denise Chan and APEC Online Dispute Resolution Workshop on Deputy Principal Government Counsel Anthea Strengthening Economic Legal Infrastructure (see Li. The meetings involved delegates from 203 p.10). jurisdictions, including those from the United Nations, International Monetary Fund and World Jersey, 20-21 September Bank. Commonwealth Association of Legislative Counsel Europe Regional Conference on “Delivering Brexit: Perth, 11-13 July Legislative Sprint or Marathon?”, attended by Australasian Parliamentary Counsel’s Committee Senior Government Counsel Elaine Ng of the Law forum attended by seven members of the Law Drafting Division. Drafting Division. At this annual forum, drafting offices in Australia, New Zealand, Singapore and Johannesburg, 9-13 September Hong Kong update each other on developments in 23rd International Association of Prosecutors IT, office systems and publishing. Emerging trends Annual Conference and General Meeting, attended are the drafting and publishing of legislation in by Deputy Director of Public Prosecutions a machine readable format and an automated Martin Hui SC, Senior Assistant Director of Public system that reads amending bills and compiles Prosecutions Vinci Lam, Senior Public Prosecutor the amendments into the relevant principal Mickey Fung and Public Prosecutor Annie Li. legislation.
Kathmandu, 21-27 July Xiamen, 30-31 July 21st Asia/Pacific Group on Money Laundering 12th Symposium on International Investment Law Annual Meeting (see p.8). (see p.10). 7 DOJ Newsletter 2018 Issue 2 ASIA/PACIFIC GROUP ANNUAL MEETING ON MONEY LAUNDERING
Human Lam (4th from R) and Sandy Shum (2nd from R) Public Prosecutor Human Lam of the Prosecutions delegates from 49 countries attended the meeting which Division and Government Counsel Sandy Shum of the was held in Kathmandu, Nepal from 21 to 27 July. Ms International Law Division attended the 21st Annual Lam and Tonga’s Director of Public Prosecutions were Meeting of the Asia/Pacific Group on Money Laundering part of a specialist team and the legal assessors who to present their mutual evaluation report on the Cook looked into the country’s effectiveness in combating Islands’ effectiveness in combating money laundering money laundering and counter-financing of terrorism in and counter-financing of terrorism. More than 520 11 key areas during a 10-day visit last year.
CHINA-ASEAN PROSECUTORS EXCHANGE AND TRAINING BASE
William Tam (Front row, 2nd from L)
Deputy Director of Public Prosecutions and head of cases. Ten senior prosecutors from Thailand attended the Prosecution Division’s Commercial Crime sub- the 10-day program. To facilitate mutual and friendly division William Tam SC attended the Exchange and understanding between the jurisdictions, the Thai Training Base in Nanning from 19 to 21 June. He had prosecutors were introduced to China’s criminal been invited as guest speaker in the base’s Training justice system and reform, and its public prosecution Program for Thai Prosecutors to share his expertise system against the background of “Xi Jinping Thought in prosecuting commercial crime in Hong Kong, on Socialism with Chinese Characteristics for a New including the various approaches and relevant laws Era” and they then gave an overview of the Thai used to tackle corruption and money laundering prosecutorial system.
CHINA-ASEAN PROSECUTORS-GENERAL CONFERENCE Director of Public Prosecutions David Leung SC Singapore, Thailand and Vietnam. Themed “Enhancing attended a two-day conference at the 11th China-ASEAN Capabilities and Cooperation in Addressing Cybercrime”, Prosecutors-General Conference in Brunei from 14 the event brought together 68 representatives— August. Held in Bandar Seri Begawan, the event brought including DOJ Senior Public Prosecutors Bobby Cheung together the prosecutorial chiefs of China (including and Clara Ma—from participating jurisdictions to discuss Hong Kong and Macao) and the nine ASEAN countries of issues such as the threats of cybercrime, and network Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, and information security.
8 DOJ Newsletter 2018 Issue 2 HCCH 125th ANNIVERSARY GLOBAL CONFERENCE
(L to R) Professor Jürgen Basedow (keynote speaker), Teresa Cheng, Xie Feng, Christophe Bernasconi, Chief Justice Geoffrey Ma and Lord Collins of Mapesbury The 125th Anniversary Global Conference of the Hague In the opening session, Secretary for Justice Teresa Conference on Private International Law (HCCH), Cheng SC shared her views on the opportunities for, with the theme “Ways Forward: Challenges and and challenges to, private international law and the Opportunities in an Increasingly Connected World”, was evolution of the HCCH. The HCCH was appreciative held in Hong Kong from 18 to 20 April. Supported by of her contribution, noting that her expertise had DOJ, the event was the first global conference in a series inspired many conversations and would usefully inform of events planned to celebrate the 125th anniversary of discussions on the future of the HCCH. the HCCH. It was graced by a stellar cast of speakers and The conference gave leading private international moderators, including Xie Feng, Commissioner of the law experts and other global participants a valuable Ministry of Foreign Affairs of the People’s Republic of opportunity to discuss a wide range of contemporary China in the HKSAR, the Hon Chief Justice Geoffrey Ma private international law issues, including the future Tao-Li GBM, Chief Justice of the Court of Final Appeal of development of private international law as well as the the HKSAR, and Lord Collins of Mapesbury. important role and contribution of the HCCH.
PROSECUTION WEEK
Prosecution Week kicked-off with Law Games, a concept court exercises throughout the week. introduced last year which has proven to be a crowd- Director of Public Prosecutions David Leung SC said pleaser. Some 107 students from 17 schools — up from 12 that this year’s theme “The Law • Transparency • Public schools last year — took part in law quizzes following role- Interest” sums up how a prosecutorial decision is play exercises on different scenarios involving criminal made: the law and evidence is first considered and, law. Based on students’ everyday experiences, Law in determining whether an offence is made out, Games is designed to allow students to learn more about transparency is the key to assuring parties and the what is right or wrong in a practical and entertaining way. general public that the decision is made to the highest Held from 22 to 29 June, the annual event — now in professional standard. “Transparency is important in its seventh year — also saw hundreds more secondary maintaining public confidence as justice needs to be students across Hong Kong taking part in interactive seen to be done,” Mr Leung said. activities such as workshops, court visits and mock 9 DOJ Newsletter 2018 Issue 2 DOJ ORGANIZES APEC WORKSHOP IN INDONESIA
Emma Wong of the Law Drafting Division (1st from L), Michelle Fung (2nd from L) and James Ding (4th from R)
At the request of Indonesia, DOJ organized a workshop for resolution. This was a capacity-building initiative under Indonesian government officials, lawyers and academics the Friends of the Chair group on Strengthening Economic on 13 July in Jakarta on Strengthening Economic Legal and Legal Infrastructure under the Economic Committee Infrastructure and Online Dispute Resolution. Legal of APEC, which Deputy Law Officer Dr James Ding of the experts from the three leading international organizations International Law Division leads. on private international law (the Hague Conference on “Many thanked DOJ for organizing this event, and several Private International Law, United Nations Commission participants came up to me to say they’d learnt a lot. It’s on International Trade Law, and International Institute for great when what we do in the office can be extended to the Unification of Private Law) as well as from DOJ and assist people in other places and build friendship along other economies, spoke on the use and incorporation of the way,” Senior Government Counsel Michelle Fung of the international legal instruments, and also on online dispute International Law Division said. HONG KONG AND NIGERIA NEGOTIATE LEGAL CO-OPERATION
ILD Deputy Law Officer Linda Lam (4th from R), Nigerian delegates and ILD officers
To strengthen legal co-operation, counsel from the Mutual Legal Assistance Unit of the International SYMPOSIUM ON INTERNATIONAL Law Division (ILD) held a round of negotiations with INVESTMENT LAW delegates from Nigeria to conclude an agreement From 30 to 31 July, Deputy Law Officer Dr James Ding and concerning mutual legal assistance in criminal matters, Government Counsel David Ng of the International Law at Justice Place from 6 to 8 August. The two sides also Division attended the 12th Symposium on International discussed Nigeria’s proposed amendments to the 2017 Investment Law organized in Xiamen by the Chinese Agreement between the Government of the HKSAR of Society of International Economic Law and the School of the People’s Republic of China and the Government of Law of Xiamen University, with support from the Ministry the Federal Republic of Nigeria concerning the Transfer of Commerce of the People’s Republic of China. of Sentenced Persons. Investor-State Dispute Settlement (ISDS) reform has The Nigerian delegation was represented by officials been a hotly debated subject in the international from the Ministry of Foreign Affairs and Ministry of community in recent years. The Symposium provided Justice of the Federal Republic of Nigeria. Following a valuable and timely opportunity for DOJ to exchange negotiations, the two sides initialled a text to record thoughts on cutting-edge issues related to ISDS reform the outcomes of their discussions and agreed to with representatives from the Ministry of Commerce, further consider outstanding issues with a view to academics from various universities in the Mainland, and finalizing the agreement. private practitioners from a number of Chinese law firms.
10 DOJ Newsletter 2018 Issue 2 STUDENTS AWARDED FOR OUTSTANDING LAW REFORM ESSAYS
(L to R) Teresa Cheng, Secretary of the Law Reform Chief Justice Geoffrey Ma presenting the certificate Commission Peter Wong, together with one of the to one of the winners winners Five law students received recognition for the high reform and in particular the complexity of the legal quality of their essays at the Law Reform Essay and socio-economic implications it entails. Competition 2018 Certificate Award Ceremony held on The topic for this year’s competition was “Should 26 July. Running for its fifth year, the competition was ride-hailing services be regulated in Hong Kong? If so, organized by the Law Reform Commission (LRC) to raise why and how? If not, why not?”. The winners, who are law students’ awareness of the importance of law reform studying law programmes at the University of Hong and to give them an opportunity to consider and propose Kong, the Chinese University of Hong Kong and the how a given area of Hong Kong law could be reformed. City University of Hong Kong, were each awarded a Officiating at the ceremony, Secretary for Justice one-month or two-month attachment with one of the Teresa Cheng SC, also Chairman of the LRC, said the competition’s sponsors: CK Hutchison Holdings Limited, competition had become an annual event to help DOJ, Herbert Smith Freehills, Temple Chambers and foster among law students an awareness of law Woo, Kwan, Lee & Lo.
HACKATHON WINNERS WANT TO IMPROVE ACCESS TO JUSTICE
Some of the winning team with the organizer Brian Tang and LDD counsel
The winning team of Hong Kong’s first LegalTech and on 21 April. The team—comprising law students from RegTech Hackathon visited DOJ on 26 March. Their Hong Kong University and Chinese University of Hong project, “Decoding Law”, involved a new browser plug- Kong together with IT developers—competed against in to unpack complex legislative text and help people entrants from 40 cities across 22 countries worldwide. more easily understand it. The team had an engaging According to one of the judges, George Beaton: discussion with colleagues from the Law Drafting “Decoding Law is an inspiring idea, enabling lay people Division on how technology can improve access to to cut through legalese and understand the law and justice. its implications for themselves, where and when they need assistance. This service should be available in Decoding Law went on to win the public sector award every jurisdiction.” at the inaugural Global Legal Hackathon in New York
11 DOJ Newsletter 2018 Issue 2 PROFESSIONAL DEVELOPMENT — OVERSEAS COURSES
Overseas Professional Development Training Programmes, Oxford and Berkeley
Manuel Ng presenting his drawing of the Blavatnik Presentation by Vernon Loh at the University of School of Government to the school’s Chief California Operating Officer, Calum Miller
From time to time, the HKSAR Government arranges the programme was the chance to study with the for Administrative Officers, as well as selected Administrative Officers,” said Mr Ng. “I believe officers from various departments, to attend I’ve become more capable of seeing things from overseas training programmes for professional their perspective and communicating with them development. effectively at work.” This year, Senior Government Counsel Jenny Law In addition, Senior Government Counsel Vernon Loh of the Legal Policy Division and Senior Government of the Legal Policy Division attended a programme at Counsel Manuel Ng of the Law Drafting Division were the University of California, Berkeley from 20 August selected for the “Hong Kong Officers Professional to 12 October. The “Executive Public Policy for Development Programme” at Oxford University from Internationals” programme at the Goldman School 23 April to 15 June. Run by the Blavatnik School of of Public Policy included a tailor-made course on Government, the programme covered topics such as public policy analysis, electives on the qualitative policy evaluation, behavioural science, value-based and quantitative aspects of public policy analysis, leadership and international relations. Participants and courses on inequality and racism. Mr Loh visited also received training in public speaking and the Metropolitan Transportation Commission, visited the Houses of Parliament and government Oakland City Hall and Berkeley City Hall to discuss departments in London. the challenges faced by these entities and strategies “One of the most valuable benefits of attending for addressing them.
China Studies Course, Peking University
Alyssa Lau (4th from L)
Senior Government Counsel Alyssa Lau of the with a comprehensive understanding of the Civil Division attended the China Studies Course Mainland’s political, social, economic, cultural and at Peking University between June 26 and July 12, legal systems. In addition to attending lectures, she along with colleagues from different bureaus and met with Mainland officials and went on a three-day departments. The programme provided participants visit to Changsha.
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Middle Temple Advocacy Course, London
Ivan Cheung, Lily Yip and Vienne Luk (Front row, 2nd to 4th from L) Senior Government Counsel Vienne Luk of the Civil persuasion which can only be mastered through Division and Acting Senior Public Prosecutors Ivan ‘trials’ and errors!” Cheung and Lily Yip attended the Middle Temple Mr Cheung also made favourable comment: “The Advocacy Course in London from 9 to 20 July. course enabled me to further develop my advocacy “As a civil litigation lawyer for many years, criminal skills. This will be useful in conducting trials and advocacy had seemed somewhat distant to me,” appeals in criminal cases, and in other aspects of said Ms Luk. “So I was very glad to extend my work in the Prosecutions Division.” knowledge and interest in the criminal law field in Having exceptionally fine weather during the order to become a well-rounded legal practitioner. course was a bonus for all attendees. Advocacy—civil and criminal alike—is the art of
Oxford University Advanced International Advocacy Course
Senior Government Counsel Yvonne Cheung of the invaluable. “Being able to observe different Civil Division and Senior Public Prosecutors Derek advocates with their own unique styles was a great Wong and William Siu (pictured L to R) attended learning experience in itself,” he commented. the South Eastern Circuit Bar Mess Foundation Teaching took place in groups of six, and each day Advanced International Advocacy Course at Keble was devoted to a different aspect of trial advocacy, College, Oxford University from 28 August to 1 including opening, closing, examination-in-chief, September. cross-examination, written advocacy, appellate According to Ms Cheung, “The week in Keble was advocacy and handling expert witnesses (who were probably one of the most intensive weeks of my real doctors to make the exercise more authentic). life. We were provided with a huge pile of case On the final day Ms Cheung conducted a mock materials a few weeks in advance. Indeed, the real trial before the Right Honourable Sir Anthony benefit of the course was not only to brush up our Hooper, a retired Lord Justice of Appeal. “Overall, advocacy skills, but also our case analysis skills and the opportunity to participate in what is called the tactical judgment.” ‘most demanding and intensive advocacy course in the world’ at beautiful Keble College was the Mr Wong, who prosecutes regularly at all levels experience of a lifetime,” she said. of our criminal courts, felt the experience was
13 DOJ Newsletter 2018 Issue 2 DRAGON OF JUSTICE
The Department’s “Dragon of Justice”「律政之龍」 was a truly unforgettable experience. “Paddling was paddled its way fearlessly into the Gold Cup Division not easy, and harder still was to get the boat moving of the Legal Professional Cup for the second as a unit. I had the pleasure to witness, from a perfect straight year, despite both the amber rainstorm and angle, how rowers started off barely getting the boat thunderstorm warning signals being in force on the moving, to eventually synchronizing their strokes to day. have it sprinting—so strong that I almost fell from the little wooden stool!” The Legal Professional Cup races went ahead on 23 June amid adverse weather conditions but our Training began in April, and team members were so dragon boat team, led by team captains David Leung enthusiastic about the weekly training that there SC and Martin Hui SC, embraced the challenge and were several occasions when the boat was nearly were placed sixth in the finals. overloaded. “It was moving to see how members from different divisions of the Department were One of the team’s drummers, Cassandra Fung, felt brought together in unity to work towards a common that the training in the run-up to the competition goal,” said Ms Fung.
COLLEAGUES MEET UP
Secretary for Justice Teresa Cheng SC and Law sandwich lunches with small groups of counsel of Officers invited junior counsel and legal trainees to various grades between May and September. The a tea reception and two cocktail gatherings between relaxed social settings enabled lively, candid and wide- May and August. The cocktail gatherings were joined ranging discussions to happen as colleagues got to by other senior staff. The Secretary also arranged 11 know each other.
14 DOJ Newsletter 2018 Issue 2 Q & A Government Counsel
Aaron Lam is a Government Counsel in the Civil Cherry Chong is a Public Prosecutor in the Litigation Unit of Civil Division who joined DOJ in Prosecutions Division who joined DOJ in 2017. November 2014. He is pictured enjoying a sunny She is pictured on holiday in Nagiso, Japan. vacation in France. What inspires you most about your work? What inspires you most about your work? The fact that we, as public prosecutors, are in a The constant realization when I read a new file unique position to help vulnerable victims via the of how miniscule I am in the legal world and how criminal justice system. much more I need to learn. How do you like to relax? How do you like to relax? Playing table tennis, hiking and practising yoga. Binge-watching sitcoms/comedies (indoors); intoxicating myself with caffeine and a good read If you could time travel, when and where at a random café (outdoors). would you go? My childhood. I wish I could spend time with my If you could time travel, when and where grandma again, as a little girl eating Dragon’s would you go? Beard Candy in the park. I miss those good old Tough one… would there be lethal exposure to memories. radiation? What do you consider is the best advice you’ve What do you consider is the best advice you’ve ever been given? ever been given? A journey of a thousand miles begins with a single Always be good as karma has no deadline. step.
What is your most treasured possession? What is your most treasured possession? A watch from my late father (physically) and a My family and my friends. sense of humour (metaphysically).
RUNNING FOR HEALTH AND WELLNESS Deputy Law Draftsman memory: ‘You are a different man now’. Gilbert Mo runs marathons So true. There is hardly a more satisfying experience worldwide, often with than making a huge effort and achieving what one LDD colleagues Senior thought was beyond one’s reach. What it takes to run Government Counsel two to three marathons outside Hong Kong every year Selina Lau and Deputy are blessings that I have never stopped counting. Tokyo, Principal Government Moscow, Sydney, Athens, Taipei, Cape Town, Osaka, Counsel Michael Lam. They Singapore, Berlin, New York... that is a list I wish to add are pictured (L to R) after to for as long as possible. completing a marathon in Taiwan. Running marathons is not only about finishing. It is more about starting with the belief that you are capable of “I ran my maiden marathon in very punishing weather breaking free of the shackles cast by the words ‘I cannot in 2004. That evening, I wrote an email to the friend who do it’. Believe me, it is worth sweating for.” inspired me to run the 42.195 km. His reply is a vivid 15 DOJ Newsletter 2018 Issue 2 NOTABLE JUDICIAL DECISIONS INVOLVING THE GOVERNMENT Listed below are notable judicial decisions from April 2018 to September 2018 in cases involving the Government. These cases either involve important or significant legal principles or issues of public interest, or are of general interest to the community. Links to these decisions in the Judiciary website can be found in the e-version of this Newsletter at http://www.doj.gov.hk/eng/public/pdf/2018/newsletter02_e.pdf
Case Number Case Name 4. CACV RE "A" (Date of (Subject Matter Involved) 161/2017 (Application for admission as a barrister of the Decision or 10 May 2018 High Court in Hong Kong) Reasons for 5. HCMP CHAIRMAN AND DEPUTY CHAIRMAN OF THE Decision) 2745/2016 PRELIMINARY INVESTIGATION COMMITTEE CRIMINAL CASES & HCMP OF THE MEDICAL COUNCIL OF HONG KONG 2747/2016 v. HOSPITAL AUTHORITY 1. FACC 3-15/2018 SECRETARY FOR JUSTICE v. LEUNG HIU 20 Apr 2018 (Applications for disclosure of medical reports of 28 Sep 2018 YEUNG & OTHERS patients from the Hospital Authority - patient’s (Sentencing principles in unlawful assembly) privacy) 2. CACC 143/2016 HKSAR v. KILIMA ABUBAKAR ABBAS JUDICIAL REVIEW CASES 18 Sep 2018 (Sentencing principles in drug trafficking) 1. HCAL 1160 & 梁頌恆 v. 立法會主席 AND 律政司司長 3. CACC 55/2017 HKSAR v. TSANG YAM KUEN DONALD 1165/2018 郭卓堅 v. 香港特首林鄭月娥 20 Jul 2018 (Misconduct in public office)*Summary 14 Aug 2018 (Interim relief in judicial review proceedings) CACC 147/2016, HKSAR v. CHAN KA YIU & OTHERS 4. 2. CACV 14/2017 ZN v. SECRETARY FOR JUSTICE AND OTHERS (Enhancement of sentence in cross-border CACC 346/2016 & 2 Aug 2018 (Human trafficking)*Summary CACC 375/2017 trafficking of ketamine) 18 Jul 2018 3. CACV KWOK CHEUK KIN v. LEUNG CHUN YING AND 110/2017 & OTHERS 5. FACC 2/2018 HKSAR v. LEUNG CHUN KIT BRANDON CACV (Appeal against refusal to grant extension of 4 Jul 2018 (Prosecutor’s closing speech in magistrates court) 162/2017 time for judicial review - whether leave to appeal 6. HCCC 408/2016 HKSAR v. LEUNG TIN KEI, LO KIN MAN & 23 Jul 2018 required) 11 Jun 2018 WONG KA KUI 4. FACV 1/2018 QT v. DIRECTOR OF IMMIGRATION (Riot) *Summary 04 Jul 2018 (Immigration - Dependant Visa Policy)*Summary FAMC 65/2017 HKSAR v. LI XIAOXIANG 7. 5. CACV LEUNG CHUN KWONG v. SECRETARY FOR 21 May 2018 (Allegations against counsel) 126/2017 THE CIVIL SERVICE AND ANOTHER 8. FACC 6 & 7/2017 HKSAR v. WAN THOMAS & ANOTHER 01 Jun 2018 (Same-sex marriage - employees’ benefits and 14 May 2018 (Prison visits) completion of tax returns)*Summary 9. FACC 11/2017 HKSAR v. CHOI WAI LUN 6. HCAL 6/2014 SHOVE SHERPA v. DIRECTOR OF 09 May 2018 (Indecent assault)*Summary 31 May 2018 IMMIGRATION (Immigration - Right of Abode - Interpretation of CIVIL CASES Article 24 of the Basic Law ("permanent residents" 1. HCMP 2917, SECRETARY FOR JUSTICE v. SIEW YUN and "non-permanent residents") 2918, 2925, LONG, MAN FOR ON, YUNG YIU SING, CHAN 7. FACV 4/2018 DESIGNING HONG KONG LIMITED v. THE 2929 & PAK TAO, AND LOU TIT MAN 15 May 2018 TOWN PLANNING BOARD 2931/2015 (Criminal contempt of court)*Summary (Protective costs order)*Summary 31 Aug 2018 8. FACV 15/2017 BUILDING AUTHORITY v. APPEAL TRIBUNAL 2. CACV 221/2017 釋照月 v. SECRETARY FOR JUSTICE AND 09 May 2018 (BUILDINGS) 10 Aug 2018 OTHERS (Dangerous Hillside Orders - maintenance (Charities - locus standi and construction of responsibilities) s.57A(a)(iii) of the Trustee Ordinance, Cap. 29) 9. CACV 34/2017 LEUNG KWOK HUNG also known as "LONG 3. CACV 94/2016 POON CHO-MING, JOHN v. COMMISSIONER 30 Apr 2018 HAIR" v. COMMISSIONER OF CORRECTIONAL 01 Jun 2018 OF INLAND REVENUE SERVICES (Salaries Tax - Payment upon Termination of (Decision to cut the hair of male prisoners - Sex Employment and Share Option Gain) Discrimination Ordinance, Cap. 480)*Summary
*The summaries of judicial decisions contained in this section are prepared by the Department of Justice (DoJ) based on DoJ’s own interpretation and understanding of the decisions of the courts concerned. The summaries are not legal advice and should not be relied upon by anyone as such. The summaries have no legal effect and are not intended to be cited as authorities of any kind. To fully understand the legal effect of the courts’ decisions, the whole judgments of the courts concerned should be looked at.
Department of Justice
G/F, Main Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong Phone: (852) 2867 2198; Fax: (852) 3918 4249; E-mail: [email protected]; Website: https://www.doj.gov.hk Published November 2018