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Highlights of 2010 and 2011

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Highlights of 2010 and 2011 8 Highlights of 2010 and 2011 Highlights of 2010 and 2011 Department of Justice 2012 9 Highlights of 2010 and 2011 Initiatives and reforms Mediation Task Force The cross-sector Working Group on Mediation, set up and chaired by the Secretary for Justice in February 2008, published a report for public consultation in February 2010, putting forward 48 recommendations on public education and publicity, accreditation and training, and a regulatory framework, all intended to promote and facilitate the wider use of mediation to resolve disputes in Hong Kong. To implement those recommendations in the report which As for the proposed mediation legislation, the received general support, the Secretary for Mediation Bill was introduced to the Legislative Justice has set up a Mediation Task Force, Council in November 2011. The Bill defines assisted by three sub-groups working specifically mediation and mediation communication and on accreditation, a mediation Ordinance, and provides for the confidentiality of mediation public education and publicity. communications and for their admissibility in evidence with leave of the court or tribunal. On accreditation, the Task Force supports the setting up of a non-statutory industry-led On public education and publicity, the Task single accreditation body and is facilitating the Force has been involved in the production of establishment of such a body. an Announcement in the Public Interest which was broadcast on television and radio from December 2011 to enhance public awareness of the use of mediation to resolve disputes. The Task Force is proposing to hold a two-day conference on mediation in Hong Kong in the first half of 2012 which will provide opportunities to share experience, review the development of mediation in Hong Kong and overseas, and to consider ways to promote and facilitate the greater use of mediation. 10 Highlights of 2010 and 2011 Conference on “The Administrative June 2011. This is a major step towards the Disputes Resolution Systems Adopted by establishment of a verified, authenticated and the Governments of the Mainland, Taiwan, searchable electronic database of all Hong Kong Hong Kong and Macao", Guangzhou, legislation. The Ordinance provides legislative March 2010 backing for the establishment of the database. While the existing Bilingual Laws Information System also provides a consolidated version of Plenary session of the Guangzhou the laws of Hong Kong through the internet, conference on Administrative it has no legal status and serves for reference Disputes Resolution Systems purposes only. The enactment of the Ordinance paves the way for the establishment of a reliable legislation database on an official website. This initiative will allow the public and the The conference was co-organised by the Society legal profession free and convenient online on Administrative Law of the China Law Society access to accurate and updated Hong Kong and Guangzhou University. Participants came legislation with legal status anywhere, anytime. from the Mainland, Taiwan, Macao and Hong The following are some of the more important Kong, and included members of the Department benefits expected: of Justice, the Legal Aid Department and the City University of Hong Kong. Counsel from • timely dissemination of, and free access to, the Civil Division gave a presentation on the Hong Kong legislation with legal status mechanism for resolving disputes between the • improved accuracy and efficiency in government and the public in Hong Kong. They compiling Hong Kong legislation also participated in the discussions at the plenary • opening up opportunities for the effective sessions and shared the Hong Kong experience provision of value-added services such as in resolving disputes through judicial and non- annotation of legislation judicial means. The conference facilitated useful • contribution to greener lifestyle exchanges amongst academics and practitioners in the Mainland, Taiwan, Macao and Hong Kong. We plan to implement the database in two phases. Phase one will cover core functions for Towards more accessible legislation use by the Department of Justice internally and phase two will cover functions for use by the The Legislation Publication Ordinance (Cap rest of government and the public. However, 614) was passed by the Legislative Council in the process of verifying and confirming Department of Justice 2012 11 the legislation database as an accurate and in Hong Kong - A Guide to Styles and Practices, authoritative version of the legislation will be which is a comprehensive guide to the styles a formidable task which will probably take and practices used in drafting legislation in Hong several years to complete. The existing loose- Kong. Illustrated with numerous examples, the leaf edition of our legislation will be phased out guide explains the techniques and practices used progressively as the process makes its way to by the counsel who draft Hong Kong’s legislation. completion. It also discusses the legal parameters within which Hong Kong’s laws are drafted, including the Legislation on the move Basic Law, specific Ordinances and common law principles. The guide also offers tips on drafting Pending the establishment of the legal status and the pitfalls to be avoided. It is hoped the of the legislation database, we are continuing guide will be of interest to government officials, to improve and upgrade our Bilingual Laws legislators, the judiciary, the legal profession and Information System. The existing system was the general community of Hong Kong, who may designed only for reading by browsers running find our statute book easier to understand with on computer platforms. The department the assistance of the guide. The guide will be therefore launched the Mobile Bilingual Laws published in January 2012. Information System in May 2011 to provide a user-friendly display of the system on mobile Development of the legal profession devices such as tablet computers. The Legal Practitioners (Amendment) Bill 2010 Guide to styles of local legislation was introduced into the Legislative Council in June 2010. The Bill seeks to introduce limited In 2011, the Law Drafting Division decided to liability partnerships (LLPs) as a vehicle for publish a booklet entitled Drafting Legislation solicitors’ practices in Hong Kong, so as to enhance the development and competitiveness of our law firms. The effect of LLP status would be that the liability of partners of the firm would no longer be unlimited (as in the case of a conventional partnership) and innocent partners would not, solely by reason of being partners, be held personally liable for professional negligence committed by other partners of their firm. 12 Highlights of 2010 and 2011 The department has been working closely with was so amended, the court’s powers to make stakeholders and the Legislative Council to an order for financial provision in favour of a ensure the legislation strikes a proper balance former spouse were conditional on the grant between limiting professional liability and of a divorce decree by a Hong Kong court. A safeguarding public interests. We hope that the party who had obtained a divorce decree in Bill will be passed by the Legislative Council in a jurisdiction outside Hong Kong which was the 2011-12 legislative session. recognised in Hong Kong could not therefore apply to the Hong Kong courts for financial relief. In addition, the department is working closely with the Higher Rights Assessment Board, which Promotion of Hong Kong as a regional is empowered to make rules to implement the arbitration centre statutory scheme under the Legal Practitioners (Amendment) Ordinance 2010 to allow solicitors The department has been making vigorous efforts having at least 5 years’ post-qualification to promote Hong Kong as a regional centre for experience and satisfying further eligibility international arbitration in the Asia-Pacific region. requirements to apply to the board for higher In October 2010, the department signed a co- rights of audience before the High Court and operation arrangement with the China Council for the Court of Final Appeal. The scheme will be the Promotion of International Trade with the aim brought into full operation after the Legislative of enhancing the dispute resolution mechanisms Council’s clearance of the rules made by the in both Hong Kong and the Mainland. In May Higher Rights Assessment Board. 2011, the government offered to make available additional office space to the Hong Kong Enactment of the Matrimonial International Arbitration Centre (HKIAC) to enable Proceedings and Property (Amendment) it to expand its hearing and office facilities. The Ordinance 2010 expanded facilities would enable the HKIAC to cope with the increasing demand for arbitration The Amendment Ordinance came into effect services in Hong Kong. on 1 March 2011. It empowers the High Court and the District Court to order financial relief for a former spouse whose marriage has been dissolved or annulled, or who has been legally separated, in judicial or other proceedings outside Hong Kong. Before the Matrimonial Proceedings and Property Ordinance (Cap 192) Department of Justice 2012 13 With the commencement of the new Arbitration Ordinance (Cap 609) on 1 June 2011, Hong Kong now provides a unified legal regime for domestic and international arbitration based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law. The new Ordinance will further strengthen the city's
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