THE DOJ NEWSLETTER 2017 ISSUE 2

PROSECUTION WEEK 2017

Enthusiastic students across took part We will do what is deemed appropriate in compliance in a host of activities during the sixth annual event, with the rule of law’. Such is our privilege, but such themed “The Rule of Law”. Held from 26 to 30 June, is also the weight of our mandate”, the DPP said. the week gave students and the broader community In order to implement this onerous but important an opportunity to deepen their understanding mandate better, society’s understanding is vital, the of the Department’s prosecution service and the DPP added. important role that each Hong Kong resident plays in the proper functioning of our criminal law system. The Secretary for Justice Rimsky Yuen SC also explained that the prosecution service’s Speaking at the opening of the event, former performance should not be gauged by looking Director of Public Prosecutions (DPP) Keith Yeung at conviction rates. “Justice should not just be SC said that when it comes to upholding the measured by figures, but should be by reference to rule of law, the Prosecutions Division adopts an whether the law is adhered to, whether the evidence unequivocal approach which is clear, emphatic, is fairly presented, and whether the victim and with no qualification or compromise. the accused are fairly treated and their rights duly protected.” The DPP explained how the rule of law and prosecutorial independence, guaranteed under During the week, prosecutors and the community Article 63 of the Basic Law, enable prosecutors to came together in interactive activities such as talks, discharge their duties impartially. “So, if any person court visits and mock court exercises. Students from or entity sees fit to approach us and try to tell us 12 schools also participated in a law quiz, which what to do, we have the constitutional power to say, challenged their understanding of the criminal firmly but courteously, ‘Thank you and no thank you. justice system. FEATURES DOJ Newsletter 2017 Issue 2

In This Issue HKeL IS LAUNCHED

Features Prosecution Week 2017 1 HKeL is Launched 2 Criminal Law Conference 3

Legal Updates Gender Recognition 3 Reciprocal Arrangement 4 Legislative Update 4 Legal Cooperation Agreements 4

Cooperation & Conferences Secretary for Justice’s Duty Visits 5 DOJ Duty Visits & Professional Development 5 On 24 February, DOJ launched Hong Kong Students visit DOJ 7 e-Legislation (HKeL), a new platform intended Mediate First Pledge 8 to transform electronic access to Hong Kong legislation. Replacing the Bilingual Laws Information Staff News System (BLIS), the new database allows users to A Day in the Life of Paul Tsang, 9 view and print copies of verified legislation with Law Officer (International Law) official legal status. Ultimately HKeL will replace Rebecca Drake Honoured by France 10 the Loose-leaf Edition of the Laws of Hong Kong as Q&A Government Counsel 10 the authoritative source for the Hong Kong statute Staff Activities 11 book.

Useful Information “Access to law is essential to the rule of law. This Notable Judicial Decisions involving the 12 is not just about people being able to understand Government the law. It is also about people being able to access copies of the law,” said Law Draftsman Theresa Johnson. Editorial Board • Theresa Johnson (Law Drafting Division - also HKeL aims to deliver a quality user experience by Board Chairperson) introducing new tools that include options to view • Audrey Parwani (Prosecutions Division) legislation in monolingual or bilingual mode, and • Becky Hung (Administration and Development in current or past versions. An email alert service Division - also Board Secretary) informs subscribers about legislative changes. • David Ng (International Law Division) The project was developed by a team within the • Jenny Law (Legal Policy Division) Law Drafting Division in collaboration with the • Suzanne Lee (Civil Division) Department’s Information Technology Management Unit and a contractor. Special thanks to: • Elizabeth Grindey (Law Drafting Division) To be given legal status in the HKeL system, each • Eva Wong (Public Relations and Information item of legislation has been rigorously checked Unit) against the official version in the Loose-Leaf Edition. • Patrick Chan (Information and Technology As of September, 210 verified chapters have been Management Unit) published, including the Companies Ordinance (Cap. • Wallance Ng (Legal Trainee, Law Drafting 622). Until the verification process is completed, Division) other chapters in HKeL are available for information • General Translation Unit purposes only. The DOJ encourages users to give feedback at [email protected].

2 FEATURES DOJ Newsletter 2017 Issue 2

CRIMINAL LAW CONFERENCE

... we can all ... sit back a bit in a neutral forum, Judges sharing their views and we voicing out some of the grievances we have had, and looking forward to how best to handle some of the points which affect everybody in Hong Kong, either concretely or potentially.

Keith Yeung SC Former Director of Public Prosecutions

Local and overseas criminal law experts came 2017. The DPP considered the direction to be together on 20 May to exchange views on evolving the most important of its kind in the last 20 years topics in the criminal justice system. and one that would fundamentally change the mode of preparation, presentation and listing of The conference, organized by the Department’s all criminal cases in the Court of First Instance. Prosecutions Division in conjunction with the Hong “But it is refreshing ... to take a new look at the Kong Bar Association and the Law Society of Hong Practice Direction from a more international and Kong, is the fourth of its kind to be held. It draws philosophical perspective: should case management together overseas experts as well as those from be ... adversarial or managerial? And also how the Hong Kong legal community. can we strike a good balance between inviting the Justice William Young KNZM, Supreme Court of New Zealand and Professor David Ormerod QC, Law defence to tell us more so that we can achieve more, Commissioner for Criminal Law and Evidence of without the fair trial right being eroded,” the DPP England and Wales were special guests at the event. commented.

The DPP, his four Deputies and DOJ counsel joined The experts also shared their views on other areas members of the Judiciary, criminal law practitioners such as protecting vulnerable witnesses in court, and academics in lively and insightful discussions the law of joint enterprise and recent developments on four topical issues throughout the day. in sentencing practice in Hong Kong. The discussion on “active case management” was especially engaging in light of the new Practice During their visit, Justice Young and Professor Direction 9.3 on Criminal Proceedings in the Court Ormerod also gave talks to prosecutors of the of First Instance which came into force on 12 June Prosecutions Division.

PUBLIC IS CONSULTED ON GENDER RECOGNITION On 23 June, the Inter-departmental Working Group said, “The subject of gender recognition involves on Gender Recognition, chaired by the Secretary legal, medical, social and human rights issues which for Justice Rimsky Yuen SC, released a consultation are complicated and controversial, and may have paper on gender recognition following its detailed wide-ranging policy implications.” The consultation study on recognition issues. period, originally to run until 31 October 2017, The consultation paper seeks the community’s will now end on 31 December 2017. The public is views on issues related to reviewing the law to allow welcome to read the consultation paper at www. transgender and transsexual people to change their iwggr.gov.hk and send in their views. legal gender. A spokesman for the working group

3 LEGAL UPDATES DOJ Newsletter 2017 Issue 2 RECIPROCAL ARRANGEMENT LEGAL COOPERATION FOR MATRIMONIAL AND AGREEMENTS WITH ISRAEL FAMILY JUDGMENTS AND ARGENTINA

New agreements, negotiated in the spring, will Secretary for Justice Rimsky Yuen SC and Executive bring Hong Kong Special Administrative Region Vice President of the Supreme People’s Court (HKSAR) into closer legal cooperation with Israel Shen Deyong signed the reciprocal arrangement and Argentina by allowing for the transfer of fugitive on 20 June. Speaking at the signing ceremony, offenders or sentenced persons between the the Secretary said that the Arrangement once jurisdictions. again demonstrated that the differences between the two places’ legal systems were no obstacle After negotiations held between 8 and 9 February at to cooperation, if both sides could foster mutual Justice Place, HKSAR and Israel initialled the agreed understanding and mutual respect in accordance texts of Agreements on the Surrender of Fugitive with the spirit of the “one country, two systems” Offenders and the Transfer of Sentenced Persons. policy. “Not only is the signing of the Arrangement The HKSAR delegation was represented by counsel an important milestone in the context of mutual from the DOJ’s International Law Division (ILD) and legal assistance between the two places, it is the Israeli delegation by members of the Office of also the most recent example of the successful the State Attorney. The new agreements will allow implementation of the Basic Law,” he added. persons wanted for prosecution in either jurisdiction to be surrendered for trial in the other jurisdiction, The Arrangement is to be implemented through and for Israeli nationals or Hong Kong permanent local legislation which is expected to provide for residents imprisoned in the other party’s jurisdiction to the recognition and enforcement of court orders on be transferred to their home jurisdiction to serve their individual identity and relationships, maintenance sentence. orders, custody orders in respect of children and protection orders in cases involving domestic violence.

LEGISLATIVE UPDATE The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 was passed on 14 June. The new law will clarify that third party funding of arbitration (and related court Between 14 and 16 March, representatives of proceedings) and of mediation is permitted. The Argentina’s Ministry of Foreign Affairs and Religion amendments of the Arbitration Ordinance (Cap. and counsel from the ILD met at Justice Place 609) and the Mediation Ordinance (Cap. 620) to negotiate an Agreement on the Transfer of provide for the issue of a code of practice to set out Sentenced Persons. The delegates initialled an standards and practices (including financial and agreed text, due to be formally signed by the ethical standards) for third party funders and other two Governments, which will enable Argentine measures and safeguards for parties in line with the latest developments in the dispute resolution nationals imprisoned in Hong Kong and Hong Kong sector. permanent residents imprisoned in Argentina to serve their sentence in their home jurisdiction. 4 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 2

SECRETARY FOR JUSTICE’S DUTY VISITS — JANUARY TO JUNE

United Arab Emirates, 7 to 9 March United Kingdom, 23 to 26 May Visit to Dubai to attend the Chartered Institute of Visit to St Hugh’s College, University of Oxford Arbitrators International Arbitration Conference to deliver the Dr Mok Hing Yiu Memorial Lecture 2017 where the Secretary spoke at the panel entitled “The Development of Common Law in Hong discussion on “The Role of Legislation in Developing Kong—Past, Present and Future”. The Secretary and Sustaining an Arbitration Friendly Seat”. During was also invited to Asia House in London to speak his stay, the Secretary met with the Chief Justice on the “One Country, Two Systems Policy and of the Dubai International Financial Centre Courts, the Rule of Law in the HKSAR in the Past 20 Years Michael Hwang SC. and the Future” and to give corporate members a briefing session on legal services and economic development. During his visit, the Secretary met with representatives of the Middle Temple, the Law Society and the Bar Council to exchange views on the latest developments in the legal sectors of (L to R) Director of the Legal Affairs Bureau of Macao HKSAR and the United Kingdom. SAR, Secretary for Justice, the patron of Chartered Institute of Arbitrators and the Vice-Minister of Justice, Egypt

Xian, 22 to 24 April Visit to Xian to speak at the Conference on Mutual Legal Assistance in Civil and Commercial Matters between HKSAR and the Mainland, co-organized by DOJ and the Supreme People’s Court. The purpose of the conference was to review developments in legal assistance between the two jurisdictions since 1997 and explore the way forward. During his stay, the Secretary visited court facilities and met with

Supreme People's Court's Executive Vice President Speech at Asia House, London Sheng Deyong and other officials.

DOJ DUTY VISITS AND PROFESSIONAL DEVELOPMENT

APEC seminar in Vietnam Commonwealth Law Conference Deputy Law Officer Dr James Ding and Senior Solicitor General Wesley Wong SC led a delegation Government Counsel (SGC) Michelle Fung of the of DOJ counsel to Melbourne to attend the 20th International Law Division visited Nha Trang on 25 Commonwealth Law Conference from 20 to 24 February where Dr Ding, with the assistance of Miss March. Delegates from 56 countries participated in Fung, convened the Meeting of the APEC Economic the conference which focused on current trends in Committee Friends of the Chair on Strengthening corporate and commercial law, the legal profession, Economic Legal Infrastructure. the rule of law and other contemporary legal topics. DOJ counsel attending were Senior Assistant Director of Public Prosecutions Jonathan Man and Cecilia Chan SGC from the Prosecutions Division, Diana Lam SGC from the Legal Policy Division and Osa Chan, Government Counsel (GC) from International Law Division. James Ding (centre) and Michelle Fung (right)

5 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 2

Plenary meetings on counter-terrorist financing Study visit to Beijing DOJ Counsel—including Deputy Principal On the invitation of the Hong Kong and Macao Government Counsel (DPGC) Anthea Li of the Affairs Office, the Law Draftsman led a delegation International Law Division and Assistant Director of counsel from all Divisions to Beijing for a study of Public Prosecutions Denise Chan of the visit from 19 to 22 March. There were visits to a Prosecutions Division—were part of a delegation number of legal related organizations, including from HKSAR to attend the Financial Action Task the Ministry of Justice, the Supreme People’s Force (FATF) Plenary meetings in Paris from 19 to 24 Court, the Legislative Affairs Office of the State February. The event saw up to 800 delegates from Council, the Legislative Affairs Commission of the 198 jurisdictions of the FATF Global Network as the Standing Committee of the National People's well as the United Nations, International Monetary Congress, and the Ministry of Foreign Affairs. The Fund and World Bank attending seven days of Law Draftsman and Senior Assistant Law Draftsman meetings on counter-terrorist financing and (SALD) Lawrence Peng gave a presentation on the transparency and beneficial ownership. “Challenges of Drafting Bilingual Legislation in HKSAR” at the Law School of the Peking University and had a rewarding exchange with the students on the topic. Students were also impressed by a demonstration of the Hong Kong e-Legislation database given by Karmen Kwok SGC.

Denise Chan (left) and Anthea Li (second right)

Training visit to Washington D.C. Jessie Sham SGC(Acting) and Human Lam GC attended the FATF Assessor Training 2017 at the United States Treasury in Washington D.C. from 27 to 31 March. About 50 participants worldwide, from prosecutors to police officers and bankers, were (L to R) Helen Lam, Karmen Kwok, Sandy Hung, given training relating to technical compliance in, Sandy Shum, Theresa Johnson, Lawrence Peng, Lenny and the effectiveness of, anti-money laundering Cheng, Louie Chan, Winson So and Anthea Kwok measures, and to countering terrorist financing.

International Civil Aviation workshop Advocacy course at Middle Temple, London DOJ representatives visited Bangkok to attend the Public Prosecutors International Civil Aviation Organization regional Simon Kwong workshop on Protection of Safety Information from and Vincent Lee 2 to 4 May. The delegates were Shirley Wong DPGC attended the Middle and Lorraine Chan SGC of the International Law Temple Advocacy Division and Rickie Chan SGC of the Civil Division. Course in London in March as part of the Prosecutions Division’s ongoing training programme. The two-week intensive course, held from 6 to 17 March, saw participants attend lectures and workshops led by experienced legal practitioners in the United Kingdom, including Queen’s Counsel, in the civil and criminal fields.

6 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 2

International conference about legislative Professional Development drafting • Protection of Property Rights under the Basic Six members of the Law Drafting Division visited Law workshop conducted by Llewellyn Mui, Melbourne to attend a drafting conference Senior Assistant Solicitor General (SASG) (Basic organized by the Commonwealth Association of Law) on 24 February. Legislative Counsel (CALC) from 29 to 31 March. The conference focused on the challenges facing • Mediation training from February to June: legislative drafters and provided an excellent Mediator Skills Training course organized by the opportunity to exchange views with drafters from Centre for Effective Dispute Resolution attended other common law jurisdictions. Two delegates by Assistant Law Officers (Civil Law)Samuel Lee then attended the post-conference workshop in and Simon Lau. Four Law Clerks of Civil Division Sydney on 4 April and Lawrence Peng SALD was attended the 40-hour General Mediator Training reappointed to the Association’s Council for his Course organized by the Hong Kong Mediation second term. Centre or the Accredited General Mediation course organized by Hong Kong Shue Yan University.

• Mediation—Its Position in the Legal Landscape, Its Development in Hong Kong and the Department’s Initiatives sharing session by Deputy Law Officer (Civil Law) Simon Lee and Commissioner of the Joint Dispute Resolution Strategy Office Ada Chen on 7 March.

• Updates on Human Rights Considerations in Law (L to R) Queenie Wu, Carmen Chan, Lawrence Peng, Drafting workshop conducted by Godfrey Kan, CALC President Peter Quiggin, Theresa Johnson, SASG(Human Rights) on 21 March. Michael Lam and Frances Hui • A General Overview of the Competition Ordinance (Cap. 619) and Points to Note in Prosecuting Agencies Conference Policy Formulation seminar by Thomas Cheng Former DPP Keith Yeung SC attended the 14th Kin-hon, Associate Professor at the Faculty of Heads of Prosecuting Agencies Conference in Law of the and member Sydney, Australia, from 26 to 28 April. of the Hong Kong Competition Commission, on 19 April.

Students visit DOJ Following the success of the student visit to the Department under the Career and Life Adventure Planning Project last year, visits by secondary students from Pak Kau • A series of six lectures on topical or developing College, ECF Saint Too issues by Professor Simon Young as part of Canaan College, HKCCC Union Logos Academy and the Prosecutions Division’s Continuing Legal Tak Nga Secondary School to the Department were Education Programme, between 10 March and organized by Caritas Hong Kong in February and 30 June. the Hong Kong Jockey Club Charities Trust in April.

7 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 2

MEDIATE FIRST PLEDGE 2017 AND LOGO LAUNCH

Secretary for Justice Rimsky Yuen SC, Hon Mr Justice Lam VP and new Mediate First pledgees

DOJ is committed to promoting the use of The reception was attended by representatives of mediation in Hong Kong. To this end, it has since international enterprises (such as Microsoft, IBM 2009 organized “Mediate First” Pledge events to and Google), conglomerates (such as Sunwah Group encourage organizations to sign a pledge to use and Yue Xiu Enterprises (Holdings) Limited), listed mediation first to resolve disputes. “Mediate First: companies (such as Hutchison and China Mobile), Moving Forward” was the theme of the fourth such public bodies (such as the Hospital Authority and event which consisted of a half-day seminar and Po Leung Kuk), private companies, chambers reception held at the Hong Kong Convention and of commerce, other business associations, Exhibition Centre on 13 June. More than 520 people professional bodies, and legal and mediation participated. professionals.

The Registrar of the Lung Kim- wan’s opening speech was followed by a lively demonstration of how facilitative and evaluative modes of mediation could be used in resolving a trade mark registration dispute. Participants were then able to attend a panel on commercial dispute mediation or on community dispute mediation. The Mediate First Pledge Logo and Star Logo Award In his welcoming remarks, the Secretary for Justice Scheme was launched at the reception. Under the highlighted DOJ’s ongoing support and active scheme, those who pledge to “Mediate First” may promotion of mediation. This extended to the display the Logo at their premises and on their provision of mediation facilities adjacent to the letterhead and publicity material. Pledgees who new West Kowloon Law Courts Building for a pilot actively promote and support the use of mediation mediation scheme to be run next year for suitable to resolve disputes would become eligible to be Small Claims Tribunal cases and other disputes. The awarded a Star Logo. The logo designs were the Honourable Mr Justice Lam VP in his keynote speech winning entries from more than 250 secondary also emphasized the benefits of using mediation in school student entries in a competition organized terms of it being time-saving and economical. by DOJ. This event attracted more than 100 new pledgees with about 70 of them signing their pledges on stage during the reception.

8 STAFF NEWS DOJ Newsletter 2017 Issue 2

A DAY IN THE LIFE OF PAUL TSANG, LAW OFFICER (INTERNATIONAL LAW)

Paul Tsang joined the Department in 1998 and was appointed as LO(IL) with effect from 17 October 2016

My Division has three important roles: providing and telephone calls, writing and clearing advice, legal advice on public international law to the reviewing and approving draft documents and Government, negotiating international agreements actions to be taken in on-going cases, discussing or providing legal advisers for such negotiation, and “quick questions” raised by colleagues, and sorting handling requests for legal cooperation between out administrative matters. the Hong Kong SAR and other jurisdictions. As I am involved in all of these roles, the matters that land on While I spend a good deal of my time at the my desk vary considerably and cover a wide range of computer, my job does require some travel (for fields. They include international trade law, sovereign example for attending meetings and conferences) and diplomatic/consular immunity, human rights, though it is far less frequent as compared with the compliance with the United Nations Security Council days when I headed the Treaties and Law Unit. Then, resolutions, investor protection, and different forms heavy treaty negotiation work at times resulted of legal cooperation with other jurisdictions such in hectic overseas travel, which did however have as surrender of fugitive offenders and mutual legal the upside of bringing me to many beautiful and assistance in criminal matters. For this reason, I do memorable cities. not seem to have a “typical” workday. I thoroughly enjoy my work and find it very My work has been made possible thanks to the rewarding. It is not only because I have the invaluable assistance of my two deputies, Wayne opportunity of learning something new almost Walsh SC (and following his retirement in July 2017, every workday, but also because I have the honour Linda Lam) and Dr James Ding. They are respectively and privilege of working together with my team in charge of the Mutual Legal Assistance Unit and to provide legal support to the HKSAR’s external the Treaties and Law Unit, overseeing a team of able affairs under the unique and creative principle of and dedicated counsel shouldering the day-to-day “one country, two systems”. That the HKSAR needs work within their portfolio with the assistance of our to maintain vibrant and close connections with the professional supporting staff. international community as authorized by the Basic Law is obviously very important to its status as an In terms of my daily office routine, it basically international financial and commercial centre, as involves dealing with incoming correspondence well as a hub for logistical and many other activities. 9 STAFF NEWS DOJ Newsletter 2017 Issue 2

REBECCA DRAKE HONOURED Q & A BY GOVERNMENT OF FRANCE Government Counsel

Heidi Lee is a Government Counsel in the Legal Policy Division and began with DOJ in October 2013. She is pictured with her baby, Hayley, on holiday earlier this year in Japan.

What inspires you most about your work? My colleagues.

How do you like to relax? Spending time with my family. DOJ colleagues and friends at the presentation ceremony with Rebecca Drake (at the centre, in If you could time travel, when and where would blue dress) you go? No need to go anywhere, because the present is a Rebecca Drake, former SGC of the International present. Law Division, was awarded the Chevalier de l’Ordre What do you consider is the best advice you’ve National du Mérite (Knight of the National Order of ever been given? Merit) by the Government of France in recognition My supervisor always advises me to treasure and of her outstanding service to France in the course appreciate the time and health we have now. of her work with the Mutual Legal Assistance Unit What is your most treasured possession? (MLAU). My two children.

At a presentation ceremony on 28 June held in the residence of Eric Berti, the Consul General of France Ian Li is a Government Counsel in Hong Kong and Macau, Ms Drake was joined by in the International Law Division family, friends and DOJ counsel to celebrate her (Treaties & Law) and joined the remarkable achievement. She responded to the Department in March 2014. He is pictured on holiday in Berlin. award saying “I am deeply honored and grateful to the Government of France for this prestigious What inspires you most about award. I don’t know whether I was more delighted your work? or surprised when I heard the news.” Ms Drake also The fact that I play a role acknowledged her former DOJ colleagues: “To in ensuring that Hong Kong’s international borrow an expression my father used: ‘This is a team commitments are upheld. game’. I couldn't have done it without the support, How do you like to relax? help and friendship of all my MLAU colleagues and By sleeping. would particularly like to thank Wayne Walsh and Susana Sit.” If you could time travel, when and where would you go? I would go 100 years into the future to see if Ms Drake joined the DOJ in 1989 and served in the humanity has colonized the Moon/Mars/Outer MLAU from 1998 to December 2016, where she was Space yet. responsible for handling mutual legal assistance cases, many of which involved French citizens What do you consider is the best advice you’ve or companies. The honour from the President of ever been given? France is high recognition of Ms Drake’s career at the The KISS principle is always solid advice. Keep It DOJ and the important work of international legal Simple, Stupid. cooperation. What is your most treasured possession? At the office? My secret stash of snacks.

10 STAFF NEWS DOJ Newsletter 2017 Issue 2

MEETING NEW COLLEAGUES DRAGON OF JUSTICE

2016 saw the largest ever intake of Government The Department’s dragon boat team, “Dragon of Counsel and Legal Trainees to DOJ. To welcome Justice”, achieved its best results in decades in the some 50 new colleagues, a tea gathering was 2017 Dragon Boat season competitions. The Dragon organized in Justice Place with the Law Officers of Justice competed in the Stanley International and Director of Administration and Development. Dragon Boat Championships during the Tuen Ng The lively occasion was a valuable time for the new Festival at the end of May and the Legal Professional colleagues to mingle and connect at the start of Cup held on 3 June. their legal careers at the Department. Our energetic and high-spirited team paddled into the Gold Cup Division for the first time and was placed fifth out of 14 teams in the Legal Professional NEW VIDEO FOR Cup. A big congratulations to our team and sincere thanks to all their sponsors, supporters and LEGAL TRAINEES colleagues, including the Solicitor General Wesley Wong SC, who braved the heat and crowds to cheer for them!

STAFF CLUB SPRING DINNER

A new video promoting the job of Legal Trainees was launched in March. The video provides a glimpse into the rewarding work of Legal Trainees and the excellent training opportunities they receive at the Department. It aims to show law graduates that the training and work exposure provided are unique Over 200 colleagues and friends joined the DOJ and should not be missed. The video features Legal Staff Club Spring Dinner on 24 February. During the Trainees Salvador Tsang and Crystal Chan, as well dinner, 16 colleagues received Long and Meritorious as cameo appearances by other current and former Service Certificates from the Secretary for Justice trainees. You can see the video at http://www.youth. in appreciation of their committed service to the gov.hk/. Government.

1 1 USEFUL INFORMATION DOJ Newsletter 2017 Issue 2 NOTABLE JUDICIAL DECISIONS INVOLVING THE GOVERNMENT Listed below are notable judicial decisions from January to June 2017 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/2017/newsletter02_e.pdf

Case Case Name 2. HCCT TNB FUEL SERVICES SDN BHD v. CHINA Number (Subject Matter Involved) 23/2015 NATIONAL COAL GROUP CORPORATION (Date of 08 Jun 2017 (Crown immunity - state-owned Decision or enterprise) Reasons for 3. FACV SAM WOO MARINE WORKS LIMITED v. THE Decision) 10/2016 INCORPORATED OWNERS OF PO HANG CRIMINAL CASES 29 May 2017 BUILDING (Constitutionality of s.63B of District Court 1. FACC 12 - HKSAR v. HUI RAFAEL JUNIOR also known Ordinance, Cap. 336) 15/2016 as HUI SI YAN RAFAEL 14 Jun 2017 HKSAR v. KWAN FRANCIS HUNG SANG 4. HCB RE CHANG HYUN CHI also known as KWAN FRANCIS 5227/2006 (Constitutionality of s.27 & s.29 of HKSAR v. KWOK PING KWONG THOMAS 12 May 2017 Bankruptcy Ordinance, Cap. 6) HKSAR v. CHAN KUI YUEN also known as 5. CACV LO KWOK KUEN DANWAY v. SECRETARY THOMAS CHAN 180/2016 FOR JUSTICE for and on behalf of THE (Misconduct in public office) 25 Apr 2017 GOVERNMENT OF THE HONG KONG 2. HCMA HKSAR v. 梁竣傑 SPECIAL ADMINISTRATIVE REGION 49/2016 (Prosecution’s closing speech in (Construction of Pension Benefits 02 Jun 2017 magistrates court; Use of personal data) Ordinance, Cap. 99) 3. HCMA HKSAR v. HARJANI, KISHORE MOHANLAL 6. FACV 7/2016 CLP POWER HONG KONG LTD v. 685/2013 & HKSAR v. MARK RICHARD CHARLTON 17 Mar 2017 COMMISSIONER OF RATING AND 425/2014 SUTHERLAND VALUATION 15 May 2017 (Wasted costs against counsel) (Assessment of rates - rateable tenement) 4. CACC HKSAR v. WUN SHU FAI 48/2015 (Duty of disclosure) JUDICIAL REVIEW CASES 16 Mar 2017 1. HCAL KWOK CHEUK KIN v. LEUNG CHUN YING 5. FACC 17/2016 HKSAR v. NGUYEN ANH NGA 201/2016 (Validity of the oath taken by the Chief 14 Mar 2017 (Direction on inferential reasoning) 10 May 2017 Executive - Article 104 of the Basic 6. FACC 11 & SECRETARY FOR JUSTICE v. CHAN CHI Law and the Oaths and Declarations 18/2016 WAN STEPHEN Ordinance, Cap. 11) 14 Mar 2017 SECRETARY FOR JUSTICE v. TSENG PEI 2. HCAL LEUNG CHUN KWONG v. SECRETARY FOR KUN 258/2015 THE CIVIL SERVICE AND ANOTHER (Bribery) 28 Apr 2017 (Same-sex marriage - employees' benefits 7. FACC 10/2016 HKSAR v. ZHOU LIMEI and completion of tax returns) 16 Feb 2017 (Equivocal statement) 3. FACV NAM SANG WAI DEVELOPMENT CO LTD 8. FACC 9/2016 HKSAR v. LIANG YAOQIANG 8/2016 AND ANOTHER v. TOWN PLANNING BOARD 07 Feb 2017 (Provocation) 16 Feb 2017 (Town Planning Appeal - Jurisdiction of Review) 9. HCMA HKSAR v. HONG KONG BROADBAND 624/2015 NETWORK LIMITED 4. CACV DESIGNING HONG KONG LTD v. THE TOWN 26 Jan 2017 (Use of personal data) 184/2015 PLANNING BOARD 16 Feb 2017 (Protective costs order) 5. HCAL LEUNG KWOK HUNG also known as CIVIL CASES 109/2014 “LONG HAIR” v. COMMISSIONER OF 1. HCMP RE "A" 17 Jan 2017 CORRECTIONAL SERVICES 2079/2016 (Application for admission as a barrister) (Decision to cut the hair of male prisoners 16 Jun 2017 - Sex Discrimination Ordinance, Cap. 480)

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: http://www.doj.gov.hk/

Published November 2017