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The Doj Newsletter 2017 Issue 3

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The Doj Newsletter 2017 Issue 3 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
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