Department of Justice

In the past year, we have been working on 20 pledges, of which:

we have completed nine;
we are on schedule on three;
one is under review;
we are taking active measures to speed up the progress on two which are behind schedule; and
we are pressing ahead with five on-going commitments.

The following sets out the detailed report for each main programme area.

Legal Services

Year	Pledge		Present Position
Action Completed
1996	1.	To continue to train counsel and court prosecutors on the application of the new procedures under the Criminal Procedure Ordinance in year 1996-97 to help vulnerable witnesses giving evidence in criminal proceedings.	A team consisting of 12 members was set up in January 1996 to handle advice and trials involving vulnerable witnesses. Members posted to the team attended seminars and training courses on the subject.
1996	2.	To continue to press the two branches of the legal profession to implement the other reforms (apart from those included in the Legal Services Legislation (Miscellaneous Amendments) Bill) proposed in the Report on Legal Services.	During the past year, the Administration encouraged the Law Society and Bar Association to implement several reforms and they did so. These reforms include the payment by solicitors of interest on moneys in their clients' accounts; the relaxation of restrictions on advertising by solicitors; and the dissemination of more information in respect of legal services to members of the public.
1996	3.	To publish the Victim's Charter in October 1996.	The Victim's Charter was published in October 1996. Up to September 1997, 260 000 copies were circulated to the public.
1995	4.	The Law Reform Commission to publish final reports on "Fraud", "Hearsay Evidence in Civil Proceedings" and "Corporate Rescue" (the second part of the "Insolvency" reference) and to publish a consultation paper on "Overseas Residential Properties" (the second part of the "Description of Flats on Sale" reference) over the next 12 months (up to October 1996).	All the reports have been published.
1995	5.	To increase the staffing of the Legal Policy Division in 1996-97 so that it can assist the Attorney General on constitutional and legal policy issues more efficiently.	The proposal to create a new Legislative Council Affairs Unit was dropped. A Basic Law Unit was set up in April 1997, with the creation of a Deputy Principal Government Counsel post, to provide advice on matters relating to the Basic Law and constitutional law.
Action in Progress : On Schedule
1996	6.	In 1997-98, to make Hong Kong laws more accessible to the local and international community by placing the Laws of Hong Kong on the Internet.	Action is in hand for the Laws of Hong Kong to be put on the Internet in November 1997.
1996	7.	In 1997-98, to consider ways to enhance legal support for the expanded Insider Dealing Tribunal.	We have in the past year provided legal support for the Tribunal by assigning counsel, and by briefing out work, to assist the Tribunal. However, there is still room for improvement and we have decided that the creation of a dedicated post for this purpose will significantly enhance the legal support for the Tribunal. We will shortly seek funding from the Finance Committee for that purpose.
Action in Progress : Behind Schedule
1996	8.	The Law Reform Commission to publish reports on "Surveillance and Interception of Communications" (the second part of the "Privacy" reference) and "Overseas Uncompleted Residential Properties" (the second part of the "Description of Flats on Sale" reference), and to publish consultation papers on "Civil Liability for Defective or Unsafe Products" and "Companies Winding-up Provisions" (the third part of the "Insolvency" reference) over the next 12 months.	Due to public concern, it was decided to publish separate reports on issues arising from interception of communications. A report on Interception of Communications has been published. A separate report on Surveillance will be published early in 1998. The Privacy Sub-committee has decided that the scope of this latter report be widened to include recommendations on harassment, the media and privacy and civil remedies for infringement of privacy. As a result, the timetable for completion of the report on Surveillance has had to be extended. The report on "Overseas Uncompleted Residential Property" was published in September 1997. A consultation paper on "Civil Liability for Unsafe Products" was published in February 1997. The consultation paper on "Companies Winding-up Provisions" is unlikely to be published earlier than December 1997. Finalisation of the initial proposals is at an advanced stage, but discussions have proved more contentious and time-consuming than was originally envisaged.
1995	9.	To establish a Mutual Legal Assistance Unit in the International Law Division in 1996-97 to handle all requests by other jurisdictions on criminal and civil matters.	Re-submission to the Establishment Sub-Committee of the Legislature for the creation of the necessary directorate post has been delayed to November 1997.
On-going Commitment
1996	10.	To continue to discuss with the Bar Association arrangements for the admission of foreign lawyers as barristers.	Discussion is on-going with the Bar Association on its proposals.

Preparing for the Transition

Year	Pledge		Present Position
Action Completed
1996	1.	We will seek the enactment of the remaining 16 localising Ordinances by 1 July 1997.	Localising Ordinances on all subjects on which agreement was reached in the Sino-British Joint Liaison Group have been enacted.
1996	2.	To complete by 1 July 1997 the process of preparing detailed proposals to amend all Hong Kong Ordinances (around 660) to conform with the Basic Law.	Adaptation proposals have been prepared in respect of all Ordinances except 18 which were gazetted in June 1997. These will be dealt with separately when drafting instructions are prepared for the relevant adaptation of law legislation.
1996	3.	To computerise the China Law Database by 1 July 1997.	The computerised China Law Database is in operation.
1995	4.	To have at least 200 Chinese texts of Ordinances enacted in English only authenticated by the Governor-in-Council in 1996-97.	Chinese texts of 215 ordinances enacted in English only were declared authentic in 1996-97. The whole Bilingual Laws Programme has been completed.
Action in Progress : On Schedule
1995	5.	To strengthen the Law Drafting Division to enable the Legal Department to deal with additional drafting work required in the next three years (1995 to 1997).	Up to September 1997, four counsel posts and five support staff posts were created. A review of the need for a Principal Government Counsel post is in progress.
Action in Progress : Under Review
1994	6.	To spend $10.5 million over the next three years (1994 to 1997) to provide training in the Common Law for Chinese government lawyers of the Mainland, subject to a positive response from the mainland authorities.	The proposal was first put forward in late 1994. There remain considerable differences in views as to how the scheme should operate. We will continue discussion with the relevant mainland authorities on this proposal.
On-going Commitments
1996	7.	To make all necessary preparations to ensure the Legal Department plays its part in the preservation and maintenance of the rule of law in Hong Kong after 30 June 1997. To promote local and international awareness of the rule of law in Hong Kong and enhance Hong Kong's status as a legal services centre by launching a three year publicity campaign, including :
		producing an educational video on Hong Kong's legal system;	A 16-minute educational video on Hong Kong's legal system "Hong Kong: Our Home Our Law" was produced in English, Cantonese and Putonghua versions, and distributed to all secondary schools at the end of 1996.
		making television drama programmes illustrating key legal concepts such as the presumption of innocence;	A 10-part series of half-hour TV drama programmes, illustrating key legal concepts, was broadcast weekly during prime time from March 1997, and re-screened on another station from mid-July 1997.
		assisting in the organisation of educational programmes for schools; and	Full assistance was given by counsel of the department to the Law Society in organising and conducting educational programmes for the Society's Law Week.
		organising overseas speaking engagements.	Senior members of the Department have addressed audiences overseas on 35 occasions on Hong Kong's legal system and the rule of law in the run-up to 1997 and beyond.
1996	8.	To take all necessary steps to ensure the Basic Law operates smoothly in the HKSAR from 1獱uly 1997.
		To provide additional resources to the Legal Policy Division to provide advice to policy branches and departments on matters relating to the Basic Law and constitutional law.	A new Basic Law Unit was established in April 1997 to provide advice to policy branches and departments on matters relating to the Basic Law and constitutional law. To head the Unit, a supernumerary post of Deputy Principal Government Counsel was created for a period of three years commencing March 1997.
		To raise awareness of the Basic Law within the civil service through lectures, seminars and production of booklets and video tapes.	17 Basic Law lectures have been given to civil servants in the past 12 months. A self-learning booklet for civil servants has also been produced.
1996	9.	To enhance the understanding of Hong Kong law in the Mainland, especially among officials, judges and academics, by organising lectures and seminars on the subject in the Mainland.	We are working closely with the Advocacy Institute of Hong Kong to organise the training programme on advocacy in Chinese for government lawyers. Altogether over 20 workshops, lectures and seminars were held in the past 12 months.
1996	10.	To develop, together with the Advocacy Institute of Hong Kong, bilingual litigation further by organising training courses for government lawyers on advocacy in Chinese.

Progress Report