On December 30, the National People’s Congress Standing Committee (NPCSC) for the first time interpreted provisions in the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region which came into force on June 30, 2020. The National Security Law was made by the NPCSC, which is the permanent body of the NPC, which in turn is the highest organ of state of power under the constitution. Article 67(4) of the constitution provides that the NPCSC shall have the power to interpret laws. Such constitutional power is reaffirmed by Article 65 ..read more

The Court of Final Appeal handed down a judgment concerning the offences of unlawful assembly and riot on November 4. I would like to highlight some of the significant legal points clarified by the Court of Final Appeal so that members of the public may have a better understanding of the offences. (1) Broad expression of “taking part” The judgment noted that “taking part” has a broad expression, embracing conduct which involves facilitating, assisting or encouraging. Those, in doing so, may attract liability either as principal offender or aider and abettor. (paragraph 14) A defendant is cons ..read more

Over the past year, there have been harassments and intimidations against judges and judicial officers on various occasions. Whilst it may not be appropriate to speculate at this stage whether these acts are directly related to the cases heard before them, it is indisputable that such acts are despicable and heinous. Recently, within a week, there were two cases of intimation against judges, which are utterly intolerable. Members of the legal sector, including me, are duty bound to remind the public of the importance of respecting judicial independence. No one should arbitrarily launch attacks ..read more

The Chief Executive just announced her latest Policy Address today. In order to provide a handy reference, I categorise the major initiatives related to the Department of Justice (DoJ) into the following four aspects: (1) To complement national development: Develop Hong Kong as the centre for international legal and dispute resolution services in the Asia-Pacific region (Legal professionals’ views: Mr Justin D'Agostino, Mr Martin Rogers, Mr Edward Liu, Mr Nicholas Chan) To implement arrangement on reciprocal recognition and enforcement of civil and commercial judgments between Hong Kong and t ..read more

Strengthening the rule of law is one of the initiatives in the 2021 Policy Address. To achieve this objective, the Department of Justice (DoJ) will continue to roll out the Vision 2030 for Rule of Law (Vision 2030) to further promote the proper concept of the rule of law. “Empowerment” is a programme under the Vision 2030 in which support is provided to schools in carrying out education on the rule of law to enhance the law-abiding awareness among young people. I always believe that upholding the rule of law is not the sole responsibility of judges and lawyers but should be shouldered by the w ..read more

The Election Committee Subsector Ordinary Elections were held successfully yesterday. It signifies an important milestone in Hong Kong’s democratic electoral system. I would like to extend my congratulations to all the elected members, including the 15 members from the Legal Subsector. They will be joined by the ex officio members, nominees by eligible bodies and candidates who have been returned uncontested to form the new term of the Election Committee which is entrusted with the important task of nomination and election of the Chief Executive. They are also given two new functions in the el ..read more

Last Friday, the Ministry of Foreign Affairs issued a fact sheet setting out a host of malicious acts of the United States (US) in interfering in Hong Kong affairs and supporting anti-China, destabilising forces. It also shows that the US is in breach of international practice. Sovereign equality is a basic norm of international relations and a fundamental principle of international law, with the Charter of the United Nations (UN) expressly stating this principle. Meanwhile, the principle of non-intervention is an important concept central to sovereign equality, which was reaffirmed in the dec ..read more

The Hong Kong Legal Hub, comprising the Justice Place (former Central Government Offices), the former French Mission Building and part of Two Exchange Square, was commissioned in November last year. By housing local, regional and international law-related organisations in the heart of the central business district, it provides a platform for the provision of premier legal services. Some of the places in the Hong Kong Legal Hub are built heritage with high historical value. Today, I am very pleased to welcome a group of students for a visit to better understand the law and the rule of law by ha ..read more

The Department of Justice (DoJ) is always committed to upholding the rule of law. Last year, we launched the “Vision 2030 for Rule of Law” initiative to promote the proper understanding of the rule of law in the community especially among the youth. In the coming new school year, the DoJ will continue to introduce diversified activities for primary and secondary students to advance their understanding and practice of the rule of law. In February this year, the DoJ, through touring drama performances for all city-wide primary schools, conveys the basic concepts of the rule of law and cultivates ..read more

I am delighted to learn that the inaugural Guangdong-Hong Kong-Macao Greater Bay Area (GBA) Legal Professional Examination (GBA Exam) was held successfully in Hong Kong today. I am truly grateful to the Ministry of Justice (MoJ) for its policy on implementing the GBA Exam and related training, and its dedicated efforts all along. The GBA Exam originally scheduled to be held earlier this year was postponed due to the pandemic. The MoJ then decided to set up new examination venues in Hong Kong in addition to those in Shenzhen and Zhuhai, and signed a memorandum of understanding with the Departme ..read more