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The Doj Newsletter 2019 Issue 1

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The Doj Newsletter 2019 Issue 1 THE DOJ NEWSLETTER 2019 ISSUE 1 A NEW OFFICE TO COORDINATE INCLUSIVE DISPUTE AVOIDANCE AND RESOLUTION INITIATIVES The Inclusive Dispute Avoidance and Resolution Office “Our rule of law and common law system (IDAR Office) has been established in DOJ to lead the have together formed a solid foundation for coordination of initiatives to promote Hong Kong Hong Kong’s status as the leading centre for as a leading hub for international legal and dispute international legal and dispute resolution resolution services. services in the Asia-Pacific region. The Headed by its inaugural Commissioner Dr James Ding, establishment of the IDAR Office will help better the IDAR Office will capitalize on the opportunities coordinate and implement various initiatives offered by the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Greater Bay Area plan. that the Department has been undertaking in the areas of dispute avoidance and resolution.” By improving access to justice and promoting inclusive growth and sustainable development, the IDAR Office aims to contribute to the United Nations 2030 Secretary for Justice Teresa Cheng SC Sustainable Development Goals, in particular Goal in her speech at the Ceremonial Opening of 16, which promotes the rule of law, peace, justice and the Legal Year 2019 on 14 January strong institutions. continued on pages 4 and 5 DOJ Newsletter 2019 Issue 1 THE SECRETARY'S ARTICLE ON SPECIAL ECONOMIC ZONES “Special Economic Zones: A Catalyst for International It provides an overview of the historic development Trade and Investment in Unsettling Times?” by of special economic zones across the world and Secretary for Justice Teresa Cheng SC has been discusses the contemporary challenges and published in the Journal of World Investment & Trade, opportunities in relation to the design of the legal Issue 1 (February 2019), Volume 20 and can be viewed infrastructure of special economic zones with here: https://www.doj.gov.hk/eng/public/pdf/2019/ reference to the HKSAR's experience. sj20190211e1.pdf. In This Issue LEGISLATIVE UPDATES Features and Legal Updates A New Office in DOJ 1 SJ's Article on Special Economic Zones 2 National Anthem law Legislative Updates 2 The Bill seeks to implement the Law of the People’s Republic of China on National Anthem in Hong Kong Promotion and Co-operation by way of local legislation in accordance with Article Secretary for Justice’s Activities 3 18 of the Basic Law of the HKSAR of the People’s Arrangement on Recognition of Judgments 3 Republic of China. Lecture on ISDS Reform 6 International Criminal Law Talk 8 New retirement age for judges West Kowloon Mediation Centre Opens 9 International Commercial Mediation Competition 9 The Judicial Officers (Extension of Retirement Asia's First Training for Investment Mediators 10 Age) (Amendment) Bill 2019 extends the statutory Promoting Legal Bilingualism 11 retirement age for specified judicial officers by five Be Short, Be Simple, Be Human 12 years and allows serving judicial officers to opt for the DOJ’s Global Connections 14 new retirement age arrangement. Professional Development—Programmes outside HK 16 Justice Place Talks 17 Arbitration can be funded by third parties Provisions under the Arbitration and Mediation Staff News Legislation (Third Party Funding) (Amendment) Coming and Goings 18 Ordinance 2017 on third party funding of arbitration Staff Activities 19 commenced on 1 February. It is complemented by a Corporate Games 2018 20 Code of Practice on Third Party Funding of Arbitration Q&A 21 which provides minimum standards of good practice Useful Information expected of third party funders and safeguards for Key Figures and Statistics 2018 22 funded parties. Notable Judicial Decisions 24 Charges for dumping waste Editorial Board To encourage recycling and reduce waste, the • Audrey Parwani (Prosecutions Division) Waste Disposal (Charging for Municipal Solid Waste) • David Ng (International Law Division) • Jenny Law (Legal Policy Division) (Amendment) Bill 2018 seeks to establish a charging • Patricia Yeung (Administration and Development scheme for disposing of the city’s solid waste. Division—also Board Secretary) • Samuel Lee (Civil Division) Smoking ban on e-Cigarettes • Theresa Johnson (Law Drafting Division—also Board e-Cigarettes, herbal cigarettes and other alternative Chairperson) smoking products are to be banned in Hong Kong. Special thanks to: The Smoking (Public Health) (Amendment) Bill 2019, • Elizabeth Grindey (Law Drafting Division) being scrutinised by LegCo, seeks to prohibit the • Eva Wong (Public Relations and Information Unit) import, manufacture and sale of the products, and to • General Translation Unit restrict their use, advertising and promotion. • Patrick Chan (Information and Technology Management Unit) • Wallance Ng (Law Drafting Division) 2 DOJ Newsletter 2019 Issue 1 SECRETARY FOR JUSTICE’S ACTIVITIES OCTOBER 2018 TO MARCH 2019 Tokyo, Japan, 31 October to 2 November Beijing, 24 to 26 February Visit to Tokyo to speak at the session “From Visit to Beijing to meet with the Supreme Peo- Deal Making to Dispute Resolution: Legal Risk ple’s Court and Ministry of Foreign Affairs to dis- Management for Enterprises in Japan” at the “Think cuss matters relating to dispute resolution servic- Global, Think Hong Kong” symposium organized es in the Guangdong-Hong Kong-Macao Greater by the Hong Kong Trade Development Council. Bay Area and Belt and Road related regions. The Secretary met with senior government officials and representatives from legal and business Bangkok, Thailand, 6 to 7 March associations in Japan to promote professional Visit to Bangkok to meet with the President of the exchanges and Hong Kong’s legal services. Supreme Court of Thailand Cheep Jullamon, and Deputy Prime Minister and Minister of Justice of Thailand Prajin Juntong to explore collaboration opportunities between Hong Kong and Thailand. The Secretary also briefed representatives from the business sector on Hong Kong’s latest developments. With the Japanese Minister of Justice Shenzhen, 2 to 3 November Visit to Shenzhen to give a speech on the topic of “The Contribution of ‘One Country, Two Systems’ to the Sustainable Development of International Commercial Dispute Settlement” at the 3rd Qianhai With the Deputy Prime Minister and Minister of Legal Intelligence Forum. Justice of Thailand RECIPROCAL RECOGNITION OF CIVIL AND COMMERCIAL JUDGMENTS Beneficial legal ties between Hong Kong and the Mainland continue to strengthen with the conclusion of a new arrangement on mutual legal assistance in civil and commercial matters, making a total of six arrangements to date. Secretary for Justice Teresa Cheng SC and Vice- President of the Supreme People’s Court Yang Wanming signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region on 18 January in Beijing. The arrangement aims to establish a clear and certain bilateral legal mechanism to recognize and enforce civil and commercial judgments between the two With the Vice-President of the Supreme People’s jurisdictions. Implementation in Hong Kong will be Court by legislation. 3 DOJ Newsletter 2019 Issue 1 continued from page 1 INCLUSIVE DISPUTE AVOIDANCE AND RESOLUTION INITIATIVES Agreements and Promotion The IDAR Office has undertaken many initiatives since Next the IDAR Office helped to arrange the signing of its establishment on 2 January. One has been to pursue very significant legal assistance arrangements with the and conclude co-operation agreements with other Mainland. The Arrangement on Reciprocal Recognition jurisdictions and international organizations. On 9 and Enforcement of Judgments in Civil and Commercial January, at the Office’s first formal event, Secretary for Matters between the Courts of the Mainland and of the Justice Teresa Cheng SC and the Minister of Justice of Hong Kong Special Administrative Region was signed on Japan H.E. Takashi Yamashita signed a Memorandum of 18 January in Beijing (see p.3 for more). Co-operation in Hong Kong to strengthen collaboration on international arbitration and mediation. Other IDAR Office initiatives have been to arrange international meetings and promote DOJ activities widely. Secretary for Justice Teresa Cheng SC, with the support of the IDAR Office, has been active overseas in promoting Hong Kong as a major legal and dispute resolution services centre in the Asia-Pacific region. From 6 to 7 March, she met with Thailand’s President of the Supreme Court Cheep Jullamon as well as Deputy Prime Minister and Minister of Justice Prajin Juntong, where she explored signing memoranda of co-operation with Thailand (see p.3 for more). Similar trips were organized in April for the Secretary to meet counterparts in France and Austria, and the IDAR Office is exploring opportunities to enhance collaboration with the United Nations Commission on Secretary for Justice Teresa Cheng with Minister of International Trade Law (UNCITRAL) by memoranda of Justice of Japan H.E. Takashi Yamashita arrangements or other means. Breakthrough in allowing interim measures in the Mainland for HK arbitrations Another significant agreement in which the IDAR Office was involved was the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region. This was signed on 2 April in Hong Kong. It is of enormous significance,
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