Features Message from the In This Issue Secretary for Justice The Department of Justice is excited to present Features the inaugural issue of "Justice in Focus", a new HK Legal Week 2019...... .................. ............................................... .. 01 publication for sharing with the international and Vision 2030 for the Rule of Law......... ............................................... .. 04 local communities our work and our continuous HK Arbitration Week .......................... ............................................... .. 05 efforts in delivering our pledge - "Rule of Law and Investment Law and Investor State Mediator Training ......................... 05 Justice for All". Public Consultation on the CISG ......................................................... 06 Online Dispute Resolution Developments under APEC ...................... 08 In this inaugural issue, you will find news about the major activities and events organised by the What's New? Department or attended by our officers around the Legal Updates................ ..................................................................... 09 world from late 2019 to early 2020. You will also find New Legislation for Fighting COVID-19 ............................................... 1O updates on the initiatives of the Department and relevant legislative or policy proposals discussed at Global and Mainland Connections the Legislative Council. We hope you enjoy reading DOJ Global and Mainland Connections Map......................... .. ....... 12 Justice in Focus. International Forum on Electronic Apostille Programme ........... ......... 13 Participation as Third Party in WTO Hearing in Geneva ............ ......... 14 th Justice in Focus is availableonline at www.doj.gov.hk. For AALCO58 Annual Session................................................................. 14 Secretary for Justice TeresaCheng delivering her welcoming remarks at the 3'' UNCITRAL Asia-Pacific Judicial Summit the Department's upcoming events and a wealth of Combating Money Laundering & Counter-financing of Terrorism ...... 15 th other information about Hong Kong's legal services, 12 ASEAN-China Prosecutors-General Conference................ .. .... 16 HONG KONG LEGAL WEEK 2019 you can visit www.legalhub.gov.hk. North-East Asian Multistakeholder Forum on Sustainable Development Goals .. ... .. .. .. .. ... ... ... .. .. .. ............. 17 SJ· s Duty Visit to Guangzhou................................. .. .......... 18 INCLUSIVE, INFORMATIVE, Department of Justice Hosts Seminars in Beijing .. .. .......... 19 INNOVATIVE AND INTERACTIVE Prosecuting Waste Crimes.............. .. ................. ............... 19 Editorial Board HK-Zhuhai-Macao Bridge Visit........ .. ................. ............... 20 Aspiring to achieve the four "I" s - to be inclusive, informative, members of international organisations with experience and • Audrey Parwani (Prosecutions Division) innovative and interactive - the inaugural Hong Kong Legal expertise in international trade and private international law. • Jane Tang (International Law Division) Week was held from 4 to 8 November 2019 comprising three • Jasmin Cheung (Board Chairperson) Community Connections significant events: the 3'd UNCITRAL Asia-Pacific Judicial Themed "Deal-making and Dispute Resolution in the Digital nd • Jenny Law (Legal Policy Division) Staff Club Campaign to Combat COVID-19 .............. ......................... 21 Summit 2019, the 32 LAWASIA Annual Conference and the Economy: The Role of the Judiciary," the summit was • Liz Wong (Administration and Development Division - also inaugural Hong Kong Mediation Lecture. officially opened by Permanent Judge of the Court of Final Board Secretary) • Samuel Lee (Civil Division) Knowledge and Skill THE 380 UNCITRAL ASIA-PACIFIC • Wallance Ng (Law Drafting Division) Enhancement Programmes JUDICIAL SUMMIT Oxford Advanced Management and Leadership Programme .. ......... 22 Hong Kong Legal Week was launched at the UNCITRAL Asia­ Middle Temple Advocacy Course ........ .. .......... 22 Pacific Judicial Summit, a biennial event held in Hong Kong Special thanks to: Attachment to Beijing Justice Bureau .. .. .......... 23 for the third time and jointly organised by the Department of • Elizabeth Grindey (Law Drafting Division) National Studies Courses .................... ............... 23 Justice, the United Nations Commission on International Trade • General TranslationUnit Law (UNCITRAL) and the Asian Academy of International Law. • Manuel Ng (Law Drafting Division) - Cover Design Attracting more than 150 participants from over 25 jurisdictions • Olivia Kong (Public Relations and Information Unit) Useful Information to Hong Kong, the summit brought together an international • Patrick Chan (Information and TechnologyManagement Unit) Notable Judgments........................... .................................................. 25 community of eminent members of the judiciary, the legal Justice Andrew Cheung delivering his welcoming remarks at the 3'' profession and academia, leaders from the private sector and UNCITRAL Asia-Pacific Judicial Summit 01 Features Features VISION 2030 HK ARBITRATIONWEEK INVESTMENT LAW AND Arbitration is growing in popularity as a flexible, efficient and INVESTOR-STATE FOR THE RULE OF LAW confidential way to resolve disputes outside the courts. Often This year, the Department of Justice has embarked on "Vision used in international commercial disputes, arbitration results MEDIATOR TRAINING 2030 for the Rule of Law" (Vision 2030), a visionary 10-year in a legally binding and enforceable award, while avoiding the initiative to enhance and strengthen the rule of law in Hong traditional, more expensive route of litigation. Kong and to promote the rule of law in this region and beyond. To promote the development of international arbitration in This initiative shows our support for the Sustainable Asia, each year the Hong Kong International Arbitration Centre Development Goals (SDGs) under the United Nations' 2030 (HKIAC) hosts Hong Kong Arbitration Week - a global platform Agenda for Sustainable Development. The Agenda, including for distinguished members of the arbitration community to Prof. Jack J Coe Jr at the Hong Kong Legal Week Mediation Lecture its 17 SDGs, adopted by the General Assembly of the United address important issues in arbitration. Nations in 2015, aims to address global challenges, including poverty, inequality, climate change, environmental degradation, The 8th Hong Kong Arbitration Week - held from 20 to 25 October THE INAUGURAL HONG KONG peace and justice. The 17 SDGs are interconnected, with the 2019 - was the largest to date, with 23 events over six days MEDIATION LECTURE rule of law being a pillar for its successful implementation. In attended by more than 680 participants from 40 jurisdictions. The Hong Kong Mediation Lecture, held on 5 November 2019, particular, Target16.3 of Goal 16 aims to promote the rule of law Each year the international profile of Hong Kong Arbitration Week was the first of a series of annual lectures featuring prominent and ensure equal access to justice for all. has risen, and this year Mainland China, India, Russia, Germany and distinguished experts on topical issues in the field of Secretary for Justice Teresa Cheng delivering a speech at the opening and the United States were represented for the first time. ceremony mediation to promote the use of mediation and further the Through professional exchanges, research and capacity development of inclusive dispute resolution. building with stakeholders, it is hoped that Vision 2030 can At the flagship event of the Week, "HKIAC's ADR in Asia The Investment Law and Investor-State Mediator Training co­ The inaugural lecture was presented by Professor Jack J strengthen the Hong Kong community's understanding of the Conference", Secretary for Justice Te resa Cheng SC organised by the Department of Justice, the International Centre Coe Jr (pictured above) of Pepperdine Law School, the USA, concept of the rule of law and its implementation, enhance the announced the launch of a review by the Law Reform for Settlement of Investment Disputes and the Asian Academy whose sharing of insights into the benefits and challenges development of the rule of law internationally, and safeguard Commission of outcome-related fee arrangements for of International Law was held from 28 October to 3 November of combining mediation with arbitration was enthusiastically Hong Kong's prosperity, stability and sustainable development. arbitration in Hong Kong. She also spoke of the establishment 2019. received. of a sub-committee to review the current legal framework and To take forward the initiative, a Task Force with a membership of make recommendations. World-renowned trainers were invited to share their knowledge HONG KONG LEGAL WEEK: WAYFORWARD locally and internationally renowned experts has been set up to and expertise at the one-week training, held for the second time The inaugural Hong Kong Legal Week was an enormous success advise the Department on the implementation of Vision 2030. The Secretary for Justice also gave an update on the following the success of the 2018 course. Investment law is a with participating legal experts from over 30 jurisdictions. It Arrangement Concerning Mutual Assistance in Court-ordered branch of law consisting of a set of rules that regulate foreign provided a valuable occasion for international collaboration and For more information, please