Justice in Focus Issue One 2021
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JUSTICE IN FOCUS ISSUE ONE 2021 Online Version Features Features Message from the Hong Kong Legal Week 2020 01 Hong Kong Legal Week 2020 Secretary for Justice Basic Law 30th Anniversary Legal Summit – Back to Basics 04 Why Hong Kong Series: “Why Hong Kong is Irreplaceable” Webinar 07 Successfully Held Welcome to our 3rd issue of Justice in Focus. Why Hong Kong Series: “Why Arbitrate in Hong Kong” 08 There is much to celebrate and share about the past Secondment Arrangements with International Organisations for Hong Kong 08 six months, especially following a very successful Lawyers – HCCH Hong Kong Legal Week 2020. As the Department Mutual Legal Cooperation with the Mainland 09 of Justice’s annual flagship event, Hong Kong Legal Updates on Other Developments 10 Week 2020 saw an attendance of over 48,000 online viewers during the week’s livestreamed What's New? webinars and events. Happening at the same time LawTech Developments 11 was the official launch of the Hong Kong Legal Hub Closer Legal Connections to the Greater Bay Area and the “Vision 2030 for Rule of Law” initiative, both New Legislation for Fighting COVID-19 12 of which are landmark developments for further Improving the HKSAR’s Electoral System 13 establishing Hong Kong’s status as an international Global and Mainland Connections legal, deal-making and dispute resolution centre. Department of Justice’s Global and Mainland Connections Map 14 In this Issue, we will also cover recent global and The Department Participates in a Series of Events on Online Dispute Resolution 16 Mainland-based events that the Department of BIMCO adds Hong Kong to new Law and Arbitration Clause 16 Justice co-organised and participated in, the latest Virtual Pre-intersessional Meeting of UNCITRAL Working Group III – Use of 17 efforts to promote education and awareness of Mediation in ISDS ▲ The officiating guests, the Chief Executive, Mrs Carrie Lam (centre); the then Chief Justice of the Court of Final Appeal, Mr Geoffrey Ma (4th L); Secretary for Justice, Ms Teresa Cheng (4th R); and Commissioner of the Independent Commission Against Corruption, Mr Simon Peh (3rd R), pictured at the opening ceremony with the Deputy Director of the Liaison Office of the the rule of law in the community, as well as related Opening of the DoJ Project Office for Collaboration with UNCITRAL, and 1st 17 Central People's Government (CPG) in the HKSAR, Mr He Jing (3rd L); Deputy Head of the Office for Safeguarding National Security of the CPG in the HKSAR, Mr Li Jiangzhou (2nd L); Deputy Commissioner of the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the HKSAR, Mr Zhao Jiankai (1st L); the then Chief Secretary training for legal professionals. We hope you will Meeting of iGLIP on ODR for Administration, Mr Matthew Cheung (2nd R); and Financial Secretary, Mr Paul Chan (1st R) enjoy reading this first issue of Justice in Focus for The Hague Academy of International Law’s 2021 Hong Kong Programme 18 Hong Kong Legal Week 2020, which coincided with the official housed. By consolidating top-notch local, regional and international 2021. Secretary for Justice Speaks at the Inaugural Symposium on Maritime 18 Cooperation and Ocean Governance opening of the Hong Kong Legal Hub and launch of the “Vision legal talents at a premier venue, the legal hub is poised to attract Annual Colloquium 2020 – Challenging an Interdependent World: Sanctions 19 2030 for Rule of Law” initiative, was held from 2 to 6 November to global legal and dispute resolution talents to the city, while providing a – Principles of Non-interference mark a memorable milestone in the Department of Justice’s work on platform of legal services in support of business and economic growth Editorial Board Memorandum of Understanding for Contribution to APEC 20 promoting the city as an international hub for legal, deal-making and in the city and beyond. ● Angie IP Civil Division APEC Economic Committee 1st Plenary Meeting 20 dispute resolution services. The official launch of the “Vision 2030” initiative was another ● Annie LI Constitutional and Policy Affairs Contracts for the International Sale of Goods Conference and Seminar 21 A group of distinguished guests, including the Chief Executive, highlight of the five-day event, one that articulated the HKSAR Division Mrs Carrie Lam; the then Chief Justice of the Court of Final Appeal, Government’s commitment to upholding the rule of law. Formulated ● Elaine NG Law Drafting Division Community Connections Mr Geoffrey Ma; and Commissioner of the ICAC, Mr Simon Peh, with the needs of the local community and the national development ● Jasmin CHEUNG Public Relations and Information Unit Teacher Training by Endeavour Education Centre 22 (Board Chairperson) were invited to officiate at the opening ceremony conducted in the strategy in mind, the initiative sought to promote proper understanding Premiere of the Rule of Law through Drama 22 ● June WONG Prosecutions Division Former French Mission Building, where the Hong Kong Legal Hub is and recognition of the rule of law through professional exchanges, Pilot Scheme on the Rule of Law Education for Secondary School Students 22 ● Katie KWONG International Law Division research and capacity building with stakeholders, including youths, ● Liz WONG Administration and Development e-Resources for Rule of Law and Basic Law Launched 22 legal practitioners and academics. Division (Board Secretary) Update on AEF 2.0 Matching Grant for Skills Upgrading 23 In the pipeline are various projects under the banner “Engagement, ● Phoebe SUEN Inclusive Dispute Avoidance and School Mediation Seminar 23 Resolution Office Empowerment and Enrichment” which are targeted at the community, Professional Development youths and professionals respectively. These projects aim to Special thanks to: National Studies Programme for Government Lawyers 23 strengthen the proper understanding and practice of the rule of law, ● Carman CHAU Information Technology Management Courses on WTO Dispute Settlement and International Investment Law 23 raise awareness of a law-abiding society and equip youths with the Unit Workshops on the Procurement of Public Works Contracts 23 proper knowledge of the rule of law. ● Elizabeth GRINDEY Law Drafting Division An annual flagship event of the Department of Justice, Hong ● General Translation Administration and Development Useful Information Kong Legal Week 2020 featured a series of webinars and events that Unit Division ▲The Chief Executive, Mrs Carrie Lam (2nd L); the then Chief Justice of the Court of ● Manuel NG Law Drafting Division (Cover Design) Notable Judgments in Civil Cases 24 Final Appeal, Mr Geoffrey Ma (1st L); Secretary for Justice, Ms Teresa Cheng (2nd R) and were streamed live for the first time, reaching about 48,000 viewers in Commissioner of the Independent Commission Against Corruption, Mr Simon Peh (1st R), ● Olivia KONG Public Relations and Information Unit Notable Judgments in Criminal Cases 25 officiating at the launch of the "Vision 2030 for Rule of Law" the face of challenges posed by the COVID-19 pandemic. 1 Features Inaugural Rule of Law Congress Second Hong Kong Mediation Lecture To be held every other year in Hong Kong Legal Week, the The 2nd Hong Kong Mediation Lecture was co-hosted by “Investor-State Mediation at the Tipping Point” during which he Inaugural Rule of Law Congress featured the theme of “Towards the Department of Justice and the global law firm, Herbert Smith assessed the past five years of global dialogue in this area and 2030: A Decade of Action for Rule of Law”, in line with the United Freehills. Chairing this event was the independent international the resulting impact on investor-state mediation knowhow, best Nations’ call for a Decade of Action to achieve the Sustainable mediator and arbitrator Mr Mark Appel who delivered the topic practices, education and training, and institutional mediation rules. Development Goals by 2030. Eminent local and international legal experts from around the world were brought together to exchange Sports Dispute Resolution Conference views on pertinent issues on the rule of law at this event. During the panel discussions, distinguished speakers shared their views on Successfully held online, this three-hour session garnered Secretary for Justice, Ms Teresa Cheng SC, the event discussed strengthening existing legal aid systems to facilitate the pursuit of a wealth of insights and observations from arbitration, mediation the development of sports laws and the interplay between access to justice for all, and addressed the need for further capacity and sports experts, including the Head of Mediation Services sports arbitration and sports mediation. The conference was the of the Court of Arbitration for Sport, Mr Antoine Bonnet, and the Department of Justice’s first step to promote wider use of alternative President of the Sports Federation & Olympic Committee of Hong dispute resolution for resolving sports disputes. Kong, China, Mr Timothy Fok. Following the keynote speech by the Case Settlement Conference Pilot Scheme ▲ The Secretary for Justice, Ms Teresa Cheng, delivering welcoming remarks at the Inaugural Rule of Law Congress. to be Launched in the District Court of the Judiciary During this half-day event, it was announced that the Case building to raise the ability of judges to discharge their judicial Settlement Conference (CSC) Pilot Scheme would be launched functions through better use of technologies in court. They also at the District Court in January 2021. The CSC Pilot Scheme ▲ Dr Thomas So and the panel speakers Mr Hans van Loon, Mrs Olufunke cited examples of how legal aid had been developed in Myanmar introduces the concept of assisted settlement in the case Adekoya, Mr Robert Pé and Professor Albert Jan van den Berg in discussion via Zoom at the first panel session of the Inaugural Rule of Law Congress and the African continent to ensure equal access to justice.