THE DOJ NEWSLETTER 2017 ISSUE 3

JOINT DISPUTE RESOLUTION STRATEGY OFFICE

The DOJ’s ongoing commitment to establish HKSAR events overseas, including those in the Mainland as a centre for dispute resolution in the Asia-Pacific and emerging economies of the Asia-Pacific. region has been greatly supported by the work of the new Joint Dispute Resolution Strategy Office. In 2016 the Commissioner assisted in leading DOJ delegations on visits outside HKSAR, including to : Set up in September 2016 to coordinate the DOJ’s • In Style • Hong Kong Symposium in Bangkok dispute resolution initiatives, the office operates (co-organized by the DOJ and the Hong Kong under its first Commissioner Ada Chen, Senior Trade Development Council) Assistant Law Officer (Civil)(Mediation), and is • Hong Kong Legal Services Forum in Nanjing (the supervised by Solicitor General Wesley Wong SC. DOJ’s flagship biennial event in the Mainland) The office comprises an Arbitration Unit created • 4th Asian Mediation Association Conference in in 2016 within the Legal Policy Division (LPD) and Beijing. a Mediation Team created in 2007 within the Civil Division (CD). In 2017 she attended or spoke at: th The office builds on both divisions’ dedicated • 50 Anniversary Congress of the United Nations work towards creating optimal conditions and Commission on International Trade Law infrastructure to support the development of (UNCITRAL) in Vienna arbitration and mediation services in the HKSAR. • 5th Meeting of the Friends of the Chair The increasing use of arbitration and mediation, on Strengthening Economic and Legal recognized as cost-effective alternatives to litigation Infrastructure under the Economic Committee in court, has transformed the dispute resolution of the Asia-Pacific Economic Cooperation (APEC) landscape. in Ho Chi Minh City • International Mediation Summit in Hangzhou, In a short time, the office has also raised HKSAR’s organized by the China Council for the profile as a provider of international legal and Promotion of International Trade. dispute resolution services through numerous conferences and seminars. The Commissioner has As well as sharing HKSAR’s experience and expertise in participated in a number of HKSAR’s promotional conferences and seminars, the Commissioner regularly continued on page 2 FEATURES & LEGAL UPDATES DOJ Newsletter 2017 Issue 3 continued from page 1 In This Issue meets with delegates from governments, courts, law societies and dispute resolution institutions in the Mainland and overseas. She also gives briefings on Features and Legal Updates mediation to users of dispute resolution services, such Joint Dispute Resolution Strategy Office 1 as trade associations, and representatives of Hong Apology Ordinance 2 Kong’s Economic and Trade Offices. Ivory Ban Legislation 2 Hong Kong's New Legal Hub 3 The office has contributed to the development of Justice Place Tour 4 dispute resolution at an international level in its Then And Now—Gender Balance 4 collaboration with the APEC Economic Committee to advance online dispute resolution, and is Cooperation & Conferences involved in proposals to formulate an instrument Secretary for Justice’s Duty Visits 5 on enforcement of international commercial World Justice Forum 6 settlement agreements under an UNCITRAL working DOJ Duty Visits & Professional Development 6 group.

Staff News Looking ahead, the office aims to strategically Departure of Keith Yeung 9 position HKSAR in the context of the Belt and Road Departure of Phyllis Leung 9 Initiative and the Bay Area development plan, as Retirement of Roxana Cheng 10 outlined in the Chief Executive’s Policy Address. In Q&A Government Counsel 11 particular, it will focus on how to help enterprises in Retirement of Ko Man-kai 11 the relevant jurisdictions to use Hong Kong’s strong legal framework and dispute resolution services as Useful Information they expand their business globally. Notable Judicial Decisions involving the 12 Government LEGISLATIVE UPDATES APOLOGY ORDINANCE The Apology Bill, formulated on the basis of the Editorial Board recommendations of the Steering Committee on • Audrey Parwani (Prosecutions Division) Mediation after two rounds of public consultation, • Becky Hung (Administration and Development was passed on 13 July 2017. The new law aims to Division—also Board Secretary) promote and encourage the making of apologies • David Ng (International Law Division) with a view to preventing the escalation of disputes • Jenny Law (Legal Policy Division) and facilitating their amicable resolution. The • Suzanne Lee (Civil Division) Apology Ordinance (Cap. 631) came into operation • Theresa Johnson (Law Drafting Division—also on 1 December 2017. Hong Kong is the first Asian Board Chairperson) jurisdiction to enact apology legislation.

Special thanks to: IVORY BAN LEGISLATION • Elizabeth Grindey (Law Drafting Division) The Protection of Endangered Species of Animals • Eva Wong (Public Relations and Information and Plants (Amendment) Bill 2017 was passed Unit) on 31 January 2018. With the amendments, the • General Translation Unit local trade of elephant ivory and hunting trophies, • Patrick Chan (Information and Technology which is currently controlled under the Protection Management Unit) of Endangered Species of Animals and Plants Ordinance (Cap. 586), will be phased out by the end of 2021. The Bill also increases the penalties for Important Advance Notice the smuggling and illegal trade of all endangered From 1 July 2018, Hong Kong e-Legislation will species protected under the Ordinance. These be the only government legislation website. measures will help Hong Kong contribute to the The Bilingual Laws Information System (BLIS) global efforts in preserving elephants and other will be discontinued. endangered species.

2 FEATURES & LEGAL UPDATES DOJ Newsletter 2017 Issue 3 HONG KONG’S NEW LEGAL HUB

Seventeen law-related organizations (LROs) will LegCo Finance Committee. Works on the FMB have move into new offices at the West Wing of the former commenced in the first quarter of 2018 and are Central Government Offices (WW) and the former expected to be completed by mid-2020. French Mission Building (FMB). Part of the WW and the entire FMB will be converted into premises for use by the LROs under the management of the DOJ. ORGANIZATIONS TO BE HOUSED IN LEGAL HUB Together with the DOJ offices at Justice Place, the whole area—bounded by Lower Albert Road, Battery Stage 1 application exercise selection Path and Ice House Street—is intended to create a legal hub at the heart of Hong Kong’s Central • Asia Pacific Regional Office of the Hague Business District, consolidating the city’s status as Conference on Private International Law a leading centre for international legal and dispute • Centre for Effective Dispute Resolution Asia Pacific Limited resolution services in the Asia-Pacific region. • China International Economic and Trade The LROs include reputable local, regional and Arbitration Commission Hong Kong international organizations specializing in different Arbitration Center legal or dispute resolution services or functions. They • China Maritime Arbitration Commission were recommended by the Committee on Provision of Hong Kong Arbitration Center Space in the Legal Hub from applications received at • Chinese Arbitration Association, Taipei the Stage 1 and supplementary application exercises • Financial Dispute Resolution Centre concluded in March and June 2017 respectively. The • Hong Kong Institute of Arbitrators Committee is chaired by the Secretary for Justice and • Hong Kong Mediation Accreditation Association Limited comprises non-official members from legal, business • Hong Kong Mediation Centre Limited and other relevant sectors, as well as representatives • Secretariat of the International Court of from relevant government departments. Arbitration of the International Chamber of The DOJ is liaising with the selected LROs on Commerce Asia Office allocation details with a view to making office space • The Legal Education Fund Limited available from the first quarter of 2019 at the earliest. • Vis East Moot Foundation Limited A Stage 2 application exercise will be launched in around 2018. Supplementary application exercise Alongside the current renovation works of the WW, selection the DOJ has undertaken to renovate and refurbish • Asian Academy of International Law Limited the historic FMB which, until 2015, housed the Hong • Chartered Institute of Arbitrators (East Asia Kong Court of Final Appeal. The Department received Branch) support for the latest conversion project in February • Hong Kong Advocacy Training Council 2017 from the Legislative Council (LegCo) Panel Limited • International Advocacy Training Council on Administration of Justice and Legal Services, Limited and secured funding for it in July 2017 from the • Mainland-Hong Kong Joint Mediation Center

3 FEATURES & LEGAL UPDATES DOJ Newsletter 2017 Issue 3

DOJ WELCOMES OVERSEAS VISITORS TO JUSTICE PLACE

On 22 September, the DOJ was honoured to give Offices, highlighting features of historical interest 40 international visitors a tour of Justice Place. including the former Executive Council Chamber, This was part of programme in Hong Kong hosted the former press room and the historic conference by the Asia Academy of International Law for room in the East Wing. the third training session of the China-AALCO “As one of the participants of the Program, as well Exchange and Research Program on International as a member of DOJ, this tour was an interesting Law. Established in 2015 and fully funded by the experience for me because it felt like I was both a PRC Government, the Program aims to promote visitor and host,” said Ian Li, Government Counsel exchanges and sharing between the member of the International Law Division. “I am very glad states of AALCO (Asian-African Legal Consultative to have had this opportunity to see Justice Place Organization) in matters concerning international from a different angle and also to look inside some law. of the more interesting rooms inside the building, After giving a brief presentation on the Department, such as the old ExCo Chamber. I also felt proud to Solicitor General Wesley Wong SC guided the be there as the DOJ's representative, as the other visitors around the former Central Government participants’ feedback was so positive,” he said.

THEN AND NOW—GENDER BALANCE DOJ Directorate Counsel ALL DOJ Counsel June 1997 June 1997

27% Male Male 43.9% 56.1% 73% Female Female June 2017 June 2017

37.6% 51% 49% 62.4%

4 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 3

SECRETARY FOR JUSTICE’S DUTY VISITS — JULY TO SEPTEMBER

The former Secretary for Justice Rimsky Yuen meets with the Vice President of the Austrian Federal Bar Association, Dr Marcella Prunbauer- Glaser, in Vienna, Austria, to foster closer ties between the legal and arbitration sectors of Hong Kong and Austria

Vienna, 2 to 5 July Visit to Austria to attend a congress hosted by the his stay the former Secretary met with the Secretary United Nations Commission on International Trade General of the Federal Ministry of Justice of Austria, Law (UNCITRAL) on “Modernizing International Georg Stawa, Vice President of the Austrian Federal Trade Law to Support Innovation and Sustainable Bar Association, Dr Marcella Prunbauer-Glaser and Development”. The former Secretary gave a keynote President of Vienna International Arbitral Centre, speech at a session on “Creative international law- Dr Günther Horvath to exchange views on issues of making in the international trade law context”. During mutual interest.

Shenzhen, 9 July Visit to Shenzhen to attend a law conference the opening ceremony on the implementation organized by the Ministry of Foreign Affairs and of the Basic Law and at a panel session on the Shenzhen University to commemorate the 20th opportunities and challenges for HKSAR as a anniversary of China’s resumption of sovereignty regional hub for international legal and dispute over the HKSAR. The former Secretary spoke at resolution services.

The former Secretary for Justice speaks at the opening ceremony of the 7th Greater China Arbitration Forum in Guangzhou

Guangzhou, 18 to 19 September Visit to Guangzhou to attend and speak at the 7th online arbitration, the practice of ad hoc arbitration, Greater China Arbitration Forum organized by the and the role and positioning of arbitration under the Guangzhou Arbitration Commission. The forum Belt and Road Initiative. discussed issues such as the development of

5 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 3

WORLD JUSTICE FORUM AT Mr Wong emphasized that the accessibility of law is engrained in Hong Kong’s constitutional THE HAGUE jurisprudence. The Basic Law, which sets out the constitutional framework for the HKSAR, “not only covers the relationship between the Central Authorities and the HKSAR and outlines the latter’s political structure after 1997, it also has dedicated chapters to protect fundamental rights and duties of residents, to preserve Hong Kong’s open and free economic system and to maintain the city’s capitalist system and way of life as well as the basic features of its common law system,” he said. He also added that judicial independence was another Solicitor General Wesley Wong speaking on the rule fundamental aspect of the rule of law, particularly of law in Hong Kong at the World Justice Forum in the protection of fundamental rights and freedoms. More than 300 participants from over 76 countries The Solicitor General also spoke of the role of gathered in The Hague, Netherlands, from 10 to the Department of Justice in maintaining checks 13 July for the World Justice Forum V, which is and balances over the exercise of power. For a premier international event for the rule of law example, Article 63 of the Basic Law provides organized by the World Justice Project. The focus of that the Department of Justice shall control the Forum was to share insights, explore strategies criminal prosecutions free from any interference. and develop collaborative solutions for advancing This ensures that the principle of prosecutorial peace, opportunity and equity worldwide. independence is upheld in the context of the Solicitor General Wesley Wong SC spoke at the administration of a criminal justice system. Further, Forum’s Plenary Keynote Conversation, which DOJ Counsel carry out the task of advising policy focused on “The Rule of Law in Hong Kong”. In his bureaux and departments on the legality of presentation, Mr Wong highlighted some of the proposed government legislation and administrative key elements of the rule of law which are part and measures to ensure that all government action is parcel of Hong Kong’s legal system. within the parameters of the law.

DOJ DUTY VISITS AND PROFESSIONAL DEVELOPMENT

National Studies Courses in Beijing Deputy Law Officer Herbert Li, Senior Assistant Law Officer Suzanne Lee and Senior Government Counsel Rickie Chan of the Civil Division visited Beijing between August and September to attend the one-week National Studies Course for Senior Directorate Officers at the Chinese Academy of Governance (CAG), the Advanced National Studies Course at CAG, and National Studies Course at Tsinghua University respectively. Mr Li was joined by Deputy Law Officer Dr James Ding of the International Law Division. The courses provided training and exchange opportunities in various aspects of the civil service, including Flag raising ceremony at Tiananmen Square public administration and management. They also in Beijing enhanced counsel’s knowledge of developments and policies in the Mainland.

6 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 3

APEC Policy Discussion on Online Dispute The South Eastern Circuit Bar Mess Foundation Resolution Advanced International Advocacy Course 2017 at Keble College, Oxford, UK Deputy Director of Public Prosecutions Martin Hui SC attended as a member of the international training faculty at the South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course 2017 at Keble College in Oxford from 28 August to 2 September. The course is internationally recognized as arguably the best and most intensive advocacy course worldwide and other instructors included judges and James Ding and Michelle Fung advocates from the War Crimes Tribunal in The Hague, On 25 August 2017, Deputy Law Officer Dr James Ding Australia, Florida, India, Pakistan and South Africa. of the International Law Division, with the assistance of Senior Government Counsel Michelle Fung and The 35th Cambridge International Symposium on Government Counsel Queenie Ho, convened the Economic Crime, Cambridge, UK Meeting of the APEC Economic Committee Friends of the Chair on Strengthening Economic Legal Then Deputy Director of Public Prosecutions SC and Senior Public Prosecutor Winnie Infrastructure in Ho Chi Minh City, Vietnam, to discuss th the work plan on Online Dispute Resolution. Mok attended the 35 Cambridge International Symposium on Economic Crime to share their “We hope to make cross-border dispute resolution experience in prosecuting commercial crime in affordable and accessible for micro, small and Hong Kong. Held from 3 to 10 September, the medium enterprises in their business disputes, and annual event at the University of Cambridge, UK, believe this is possible with the help of modern brings together some 1 600 participants from technology. Our work at APEC could really make around the world, including judges, lawyers, a positive change in the region. People there are legislators, regulators, bankers, scholars and law intent on finding solutions for societal issues and, enforcement, intelligence and security officers. while change inevitably takes time, you can feel The symposium facilitates the exchange of views desire for reform and betterment there — which is and expertise in tackling existing and new threats why I joined DOJ, to hopefully be able to make a in economic crime. difference,” Ms Fung commented.

International IT forum on law publishing and The 22nd IAP Annual Conference and General office systems Meeting, Beijing Five members from the Law Drafting Division and a representative from the Information Technology Management Unit, led by the Law Draftsman, attended a forum organized by the Australasian Parliamentary Counsel’s Committee from 12 to 17 July in Singapore. The forum provided an interactive platform for the delegates to share recent developments in their drafting offices, with a focus on the useof technology to enhance the legislative drafting process and the dissemination of legislation. Topics Deputy Director of Public Prosecutions William such as the development of a new legislation Tam SC led a delegation to Beijing to attend the website, cybersecurity risks and how far the 22nd International Association of Prosecutors drafting or publishing process could be automated Annual Conference and General Meeting. Held were eagerly discussed. from 10 to 15 September 2017, the conference was themed “Prosecution in the Public Interest— The Challenges and Opportunities in Changing Societies”. Senior Assistant Director of Public Prosecutions Winnie Ho, Senior Public Prosecutor Betty Fu and Public Prosecutor Charles Lee were part of the delegation. The conference provided a platform for participating jurisdictions to look at three important developments and their ensuing domestic challenges for prosecuting authorities: (L to R) Lawrence Peng, Theresa Johnson, Karmen digitalization, judicial cooperation and growing Kwok, Gary Li, San Sze, Karen Chan, Annie Chow urban populations. 7 COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 3

Civil Law Talks Hong Kong Law Fair

Law Officer (Civil Law) Christina Cheung and Lord Pannick The Hong Kong Law Fair is an annual event organized On 25 August, Lord Pannick QC of Blackstone by law firms to help law students explore student Chambers, a leading human rights barrister in internship and graduate opportunities in the legal the UK, presented a talk on “Fundamental Rights field. Since 2006, the DOJ has exhibited at the fair to under the Basic Law, Proportionality and the promote its work, the Legal Trainee Scheme and the Margin of Discretion”. Drawing extensively on the career prospects of Government Counsel. Held on jurisprudence of the Hong Kong Court of Final 30 September, last year’s fair attracted 46 exhibitors Appeal, Lord Pannick shared with the audience and over 1 000 visitors to the Hong Kong Convention his profound understanding of and insights into and Exhibition Centre, where 10 of our Counsel met the Courts’ approach in dealing with fundamental potential new colleagues at the DOJ booth. rights cases. He remarked that the Court of Final Appeal has developed a relatively coherent set Drafting attachment to New Zealand of rules, tests and criteria in this area of law and these guidelines are most unlikely to change in the foreseeable future. On 11 September, Michael Barnes QC of Wilberforce Chambers gave a seminar on “The Law of Land Valuation”. This informative seminar introduced the concept of the value of land and presented the hypothetical transaction among the willing seller, Henry Chan (R) presented souvenirs to Fiona Leonard (C), Chief Parliamentary Counsel of New Zealand the willing buyer and other persons in the market. It also addressed the various methods of valuation Henry Chan SGC of the Law Drafting Division was and the presumption of reality. attached to the Parliamentary Counsel Office (PCO) of New Zealand from 19 June to 18 August. The PCO On 26 September, in his seminar “Environmental is New Zealand’s law drafting office responsible for Impact Assessments in Hong Kong—Case Studies drafting bills and legislative instruments as well as & Emerging Issues”, Professor Anton Cooray of the publishing legislation. City Law School of City University of London and Adjunct Professor of Law of Zhejiang University, During the two-month placement at the PCO’s office in China, reviewed landmark cases relating to the local Wellington, Mr Chan worked in the Commercial team infrastructure projects of the Hong Kong-Zhuhai- and was assigned to draft various bills and legislative Macau Bridge, the Shek Kwu Chau Waste Incinerator, instruments on diverse areas including taxation, Lung Mei Bathing Beach and the Three-Runway customs and commercial law. Like law drafting counsel System of the Hong Kong International Airport. He in Hong Kong, parliamentary counsel regularly attend also shared, in a thought-provoking way, his views meetings in parliament and Mr Chan was also involved on the inadequacies of public consultation, the in this legislative process for several drafting items. non-justiciability of complaints against the merits Mr Chan also gave a presentation on legislative of decisions, as well as protective costs orders and drafting in Hong Kong to PCO colleagues. They were the application of the Corner House principles in particularly interested in Hong Kong’s bilingual environmental protection cases. drafting practice as New Zealand was developing its strategy on drafting in both English and Māori.

8 STAFF NEWS DOJ Newsletter 2017 Issue 3 DPP KEITH YEUNG DEPARTS

The DPP (centre) and his four deputies: Martin Hui, William Tam, Anna Lai and David Leung

Keith Yeung Kar-hung SC bid farewell to colleagues Even before his appointment, the specialist in in September, after having served as Director of commercial crime and securities-related matters in Public Prosecutions (DPP) for four years. private practice had been actively involved in public service. He sat as Deputy Judge in 2013 “Challenges—there have been many. During my and served as Vice-Chairman of the Bar Association term, we have faced a lot together. We tackled it in 2010. with integrity and in accordance with the law and Prosecution Code. These challenges and others Having taken a short break since handing over the have prepared you to rise higher and further,” said baton to his successor, Mr Yeung is now sitting as a the then DPP in his farewell to colleagues. Deputy High Court Judge handling civil cases.

Mr Yeung is succeeded by Mr David Leung Cheuk-yin SC who was Deputy Director of Public Prosecutions. Mr Leung joined DOJ in 1995 as Crown Counsel and was promoted through the ranks to deputy director in 2012. He was appointed Senior Counsel in 2015. DEPARTMENTAL SECRETARY PHYLLIS LEUNG DEPARTS

Mr Yeung became the first Hong Kong Chinese Director of Public Prosecutions in 2013. During his tenure, he handled prosecutions of a large volume of cases, including those arising out of public order events and high profile corruption charges. He was widely respected within DOJ for his fairness and Phyllis Leung (seated centre) was posted out from the integrity, and no case was too small to deserve his DOJ to the Public Service Commission in late August. The DOJ welcomes Roger Ng (seated to the right) as personal attention. the new Departmental Secretary

9 STAFF NEWS DOJ Newsletter 2017 Issue 3

FRAGMENTS OF RECOLLECTION REFLECTIONS OF ROXANA CHENG, RETIRING DEPUTY SOLICITOR GENERAL (CONSTITUTIONAL AFFAIRS) The in- and out-trays in my office served a more meaningful purpose in the 80’s than they do now. Hard copy memos, letters and files were put into my in-tray after which I was normally expected to respond by meeting a 14-day “performance pledge”. Any excitement about the arrival of a personal computer in my office was soon overtaken by the fear of the “ding” sound indicating “you’ve got mail”, and the expectation of an immediate response from the sender! Judicial review was a big thing in the Civil Division back then. Immigration-related judicial review became a main source of work with the influx of Vietnamese asylum seekers, which landed me with two trips to the Privy Council in London, and three box files of judgments of different cases handed down by the courts in HKSAR and London.

Faith When I joined the Legal Policy Division in October 1997, my learning process of the new constitutional order began and it has not stopped since. The Basic Change Law is a law and the constitutional document of the HKSAR, containing provisions which prescribe When school life and college days came to an end the legal and political status of the region, its in 1983, I joined the then Legal Department, aka relationship with the Central Authorities, political Attorney General’s Chambers, as an Articled Clerk, structure of the region, human rights, etc. “One now renamed as Legal Trainee (Solicitor). Two other country, two systems”, “Hong Kong people women from HKU law school made the same move administering Hong Kong”, “high degree of and we were all recruited as Crown Counsel after our autonomy”, are not jargons or mere slogans; they are training. It took no more than three big restaurant policies which underlie the Basic Law and are crucial tables to seat the entire population of Chinese DOJ to our construction or interpretation of the Basic Counsel at that time whenever we celebrated a Law, using a purposive, common law approach. promotion. The first year of my professional practice was spent Time to say goodbye in the Prosecutions Division, without the benefit of There is a time for everything, and now is the time any “advocacy course”. It was hard. Remarks and for me to say goodbye to all my DOJ colleagues. questions like “There’s an end to leading questions!” I’ve had a happy, fulfilling work life and been able or “Where’s the prosecutor?” were part of the to raise a happy family with three children, though learning process. When my one-year training came some tears may have been shed (in the privacy of to an end, to the relief of the then DPP and myself, my office or home) along the way. From this point I was posted to the Civil Division where I spent the onwards, I shall read Judicial Reviews with interest, next 10 years or so. in particular Basic Law/human rights related As a married female officer, the Personnel Registry judgments posted on the Judiciary’s website, and felt it their duty in those days to prompt me, on I shall give my colleagues working on those cases more than one occasion, of the practice to re-name three cheers, knowing the hard work they must have myself as Mrs Tam Cheng Pui-lan, Roxana. Until my put in behind the scenes. retirement, I remained Ms Cheng Pui-lan, Roxana, in Thank you to all who’ve acted as my lighthouse, my the Department, though telephone messages from comrade; who’ve taken care of the housekeeping my husband were at times described as calls from chores in the office and dealt with the bureaucratic “Mr Cheng”! red tape over the years. A special thanks to Eva Ng, who has put up with me and supported me since August 1998—I couldn't have done it without you! 10 STAFF NEWS DOJ Newsletter 2017 Issue 3

Q & A Government Counsel

Hikki Wong is a Government Counsel in the Civil Litigation Unit of the Civil Division. She started working in DOJ as a legal trainee in August 2012 and was appointed Government Counsel in December 2014. She is pictured celebrating her birthday in the office with DOJ colleagues.

What inspires you most about your work? Team spirit—it is my source of passion, support and Jonathan Luk is a Government Counsel in the Law encouragement. There are always things I can learn Drafting Division and joined the DOJ in April 2014. from my colleagues and seniors. He is pictured here enjoying his summer holiday in the Oxford Union Library. How do you like to relax? When I get too stressed in the office, I start doing What inspires you most about your work? my filing. Putting things back where they belong is The Gazette. It is a treasure trove of drafting wisdom (strangely) very therapeutic for me. and interesting precedents; I can always find something new. If you could time travel, when and where would you go? How do you like to relax? Perhaps back to the day of my Government Counsel Sitting by the window with a cool drink and just interview? It would be fun to go back and take a chilling out. peek at the interviewers’ marking sheets to see what they thought of me. If you could time travel, when and where would you go? What do you consider is the best advice you’ve The Great Library of Alexandria before it was burnt ever been given? down. If time allows, sleep on an advice for (at least) a night after you finish writing it. What do you consider is the best advice you’ve ever been given? What is your most treasured possession? When filing out my university application, my form My collection of used tickets—air tickets, train master advised me to take law. I never regretted it! tickets, concert tickets, movie tickets, museum tickets… all sorts of tickets that one can imagine. What is your most treasured possession? To me, it’s a collection of good memories and the My family. journey of my life.

DRIVER KO MAN-KAI RETIRES On 16 August, the DOJ bid farewell to Motor Driver Ko Man-kai (“Ah Ko”) who went on pre-retirement leave after seven years of dedicated service and exemplary performance in the Department. Ah Ko joined the civil service in 1996 and distinguished himself by his professionalism and driving skills during his career serving our colleagues, SJ, D of AD and colleagues bidding farewell to Ah Ko the Solicitor General and occasionally the Secretary Now that Ah Ko has alighted for the last time from for Justice. Well-liked by everyone for his amiable vehicle AM 161, the Department wishes him a happy personality, Ah Ko could be relied on to deliver every and fruitful retirement and the very best for his next passenger to the destination safely and on time. journey. He will be missed! 1 1 USEFUL INFORMATION DOJ Newsletter 2017 Issue 3

NOTABLE JUDICIAL DECISIONS INVOLVING THE GOVERNMENT Listed below are notable judicial decisions from July to September 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/newsletter03_e.pdf

Case Case Name JUDICIAL REVIEW CASES Number (Subject Matter Involved) (Date of 1. HCAL 453, 郭卓堅 v. 林鄭月娥特首連同行政會議成員 Decision or 455, 458 & 呂智恆 AND ANOTHER v. 行政長官會同行政 Reasons for 460/2017 會議 Decision) 27 Sep 2017 TSANG KIN-SHING v. THE SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS CRIMINAL CASES 張德榮 v. 林鄭月娥行會主席 AND OTHERS 1. CAAR 3/2016 SECRETARY FOR JUSTICE v. LEUNG HIU (Constitutionality of the proposed 11 Sep 2017 YEUNG & Others arrangement regarding Hong Kong (Sentencing principles in unlawful and Mainland customs, immigration assembly) and quarantine procedures at the West Kowloon Station of the Hong Kong Section 2. CAAR 4/2016 SECRETARY FOR JUSTICE v. WONG CHI of the Guangzhou-Shenzhen-Hong Kong 17 Aug 2017 FUNG, LAW KWUN CHUNG AND CHOW Express Rail Link) YONG KANG ALEX (Unlawful assembly)1 2. CACV QT v. DIRECTOR OF IMMIGRATION 117/2016 (Application by same-sex partner for 3. HCMA HKSAR v. LAW WING FAI 25 Sep 2017 entering Hong Kong as dependant) 476/2016 HKSAR v. COLLINS GILBERT HENRY & HCMA (Third party insurance) 3. FAMV YAU WAI CHING v. CHIEF EXECUTIVE 21/2017 7-10/2017 OF THE HONG KONG SPECIAL 14 Aug 2017 01 Sep 2017 ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE 4. HCMA HKSAR v. CHOI WAI LUN ( 蔡偉麟 ) SIXTUS LEUNG CHUNG HANG v. CHIEF 620/2016 (Indecent assault on person under the EXECUTIVE OF THE HONG KONG SPECIAL 31 Jul 2017 age of 16 years) ADMINISTRATIVE REGION, SECRETARY 5. FACC 19/2016 HKSAR v. CHUI SHU SHING FOR JUSTICE 11 Jul 2017 (Prosecution costs in appeals) (Validity of the Legislative Council Oath – Article 104 of the Basic Law and the Oaths CIVIL CASES and Declarations Ordinance, Cap. 11) 1. HCMP SECRETARY FOR JUSTICE v. YIU CHUNG 4. CACV BUILDING AUTHORITY v. APPEAL 3378/2016 YIM 229/2016 TRIBUNAL (BUILDINGS) HCMP SECRETARY FOR JUSTICE v. NATHAN LAW 11 Aug 2017 (Dangerous Hillside Orders - maintenance 3379/2016 KWUN CHUNG responsibilities) HCMP SECRETARY FOR JUSTICE v. LAU SIU LAI 3381/2016 SECRETARY FOR JUSTICE v. LEUNG KWOK 5. HCAL 223 - CHIEF EXECUTIVE OF THE HONG KONG HCMP HUNG 226/2016 SPECIAL ADMINISTRATIVE REGION 3382/2016 (Validity of the Legislative Council Oath – 14 Jul 2017 AND ANOTHER v. PRESIDENT OF THE 14 Jul 2017 Article 104 of the Basic Law and the Oaths LEGISLATIVE COUNCIL and Declarations Ordinance, Cap. 11) (Validity of the Legislative Council Oath – Article 104 of the Basic Law and the Oaths 1 On 6 February 2018, the Court of Final Appeal allowed the appeal by and Declarations Ordinance, Cap. 11) the 3 Appellants (FACC 8-10/2017) by reinstating the sentences imposed 6. FACV KWOK CHEUK KIN v. SECRETARY FOR by the magistrate but affirmed the sentencing principles laid down by 12/2016 CONSTITUTIONAL AND MAINLAND the Court of Appeal for future cases. 11 Jul 2017 AFFAIRS (Bar from standing at election - Constitutionality of S.39(2A) of the Legislative Council Ordinance, Cap. 542)

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 April 2018