DOJ NEWSLETTERTHE

2018 ISSUE 2

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, has turned 60. The Convention is a key instrument in international arbitration, requiring its 159 contracting states to recognize and enforce arbitration agreements and arbitral awards made in other contracting states. To commemorate the occasion, DOJ, the United Nations Commission on International Trade Law (UNCITRAL) and Asian Academy of International Law jointly organized a forum in Hong Kong on 20 September with the Secretary of UNCITRAL Anna Joubin-Bret as one of the special guest speakers.

Themed “Rejuvenating New York Convention in the 21st Century”, the forum brought together world class experts on arbitration and mediation, including Prof Albert Jan van den Berg, Dr Nils Eliasson, Prof Christopher Adebayo Ojo and Mr Barton Legum, as well as distinguished judges, including Judge Gao Xiaoli and the Hon Justice Edward Torgbor. The application of the New York Convention over the last six decades and its future were canvassed in depth.

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“… It is right that the achievements of the authors and contributors to the New York Convention in 1958 should today be acknowledged. But the ethos of the Convention should not be forgotten as we look ahead to improve the system of alternative dispute resolution.

In what can be described as the preamble to the Convention, the wish was expressed that the United Nations would take steps to encourage further study of measures to increase the effectiveness of institutions in the settlement of private law disputes. As we have seen in the development of institutions such as mediation, this ethos is ultimately the legacy of the New York Convention.”

The Hon Chief Justice Geoffrey Ma Tao-li GBM

FORUM TO MARK NEW YORK CONVENTION TURNING 60

DOJ Newsletter 2018 Issue 2

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In This Issue

Features and Legal UpdatesNew York Convention Forum 1Belt and Road Summit 2Mediation Week 2018 3Legislative Updates 3Hong Kong 2022 ICCA Congress 4 Glossary Projects to Promote Legal Bilingualism 4

Promotion and Co-operationSecretary for Justice’s Activities 5DOJ’s Global Connections 6Asia/Pacific Group Meeting on Money Laundering 8China-ASEAN Prosecutors Exchange and Training Base 8China-ASEAN Prosecutors-General Conference 8125th Hague Conference on Private International Law 9Prosecution Week 9APEC Workshop in Indonesia 10Legal Co-Operation Agreement with Nigeria 10Symposium on International Investment Law 10Law Reform Essay Competition 11Hackathon Winners 11

Staff NewsProfessional Development—Overseas Courses 12Dragon of Justice 14Colleagues Meet Up 14Q&A Government Counsel 15Running for Health and Wellness 15

Useful InformationNotable Judicial Decisions 16

Editorial Board• Audrey Parwani (Prosecutions Division) • Becky Hung and Cherie Chan (Administration and

Development Division—also Board Secretary)• David Ng (International Law Division)• Jenny Law (Legal Policy Division) • Samuel Lee (Civil Division)• Theresa Johnson (Law Drafting Division—also Board

Chairperson)

Special thanks to:• Elizabeth Grindey (Law Drafting Division) • Eva Wong (Public Relations and Information Unit) • General Translation Unit• Patrick Chan (Information and Technology

Management Unit) • Wallance Ng (Law Drafting Division)

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BELT AND ROAD SUMMIT

On 28 June, the 3rd Belt and Road Summit, jointly organized by the HKSAR Government and HK Trade Development Council, welcomed some 5,000 participants from 55 countries and regions at the Hong Kong Convention and Exhibition Centre. At the “Hong Kong as the Deal Maker and Dispute Resolver” session, Secretary for Justice Teresa Cheng SC delivered welcome remarks highlighting the importance of the Hong Kong legal sector in providing risk management related services for companies across the globe during different stages of business transactions.

Looking to the future, Ms Joubin-Bret updated the 230 participants on the development of a new draft Convention that aims to implement an international legal framework for better enforcing mediated settlement agreements between the signing parties. Delegates from the Central People’s Government (CPG) were involved in UNCITRAL’s Working Group. The new Convention is expected to be open for signature in 2019 and DOJ will pay close attention to the CPG’s position on ratifying the Convention and its extension to the HKSAR.

The most effective means of resolving investor-State disputes was the subject of a lively debate between those favouring arbitration and those favouring mediation. It generated many constructive ideas about the preferred means having regard to their particular benefits and limitations.

In her closing remarks, Secretary for Justice Teresa Cheng SC reviewed talking points of the forum, including the implications of investment mediation on the future of investment arbitration and whether the Convention needs to be modernized to meet new challenges. In celebrating its diamond jubilee, the Secretary declared that “60 is the new 40” and the Convention’s simple formula would continue to be successfully used for years to come.

ALERT — Calendar of Legal and Dispute Resolution Events

A year-round calendar of key professional development and networking events is now available at https://www.legalhub.gov.hk/eng/events.html

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DOJ Newsletter 2018 Issue 2

LEGISLATIVE UPDATESPaternity Leave IncreasedThe Employment (Amendment) Bill 2018 seeks to increase the paternity leave entitlement under the Employment Ordinance (Cap. 57) from three to five days. The Bill was passed by the Legislative Council on 25 October.

Hearsay Evidence ReformThe Evidence (Amendment) Bill 2018 proposes to reform the common law rule against hearsay evidence in criminal proceedings to allow the admission of hearsay evidence if the parties agree, if no party opposes it or, when contested, if the conditions of necessity and threshold reliability are satisfied. The Bill is being scrutinized by a Bills Committee.

MEDIATION WEEK 2018 — “Mediate First: Exploring New Horizons”

As well as working at an international level to enhance Hong Kong’s role as a centre for international dispute resolution services, the DOJ Mediation Team stages a biennial Mediation Week. Mediation Week 2018, from 11 to 19 May, consisted of a series of promotional activities, including a mediation carnival, sector-specific mediation seminars, a seminar on cross- border disputes, a large scale Mediation Conference and the 4th Shanghai-Hong Kong Commercial Mediation Forum (co-organized with the Joint Mediation Helpline Office).

Themed “Mediate First: Exploring New Horizons”, Mediation Week 2018 aimed to promote the wider use of mediation in various sectors including medical and health, arts and entertainment, education, and in resolving employees’ compensation claims, disputes in the workplace and cross-border commercial disputes. The arts and entertainment sector stakeholders were keen to see how disputes in their community—such as intellectual property disputes in film scriptwriting, or disputes between artists and managing companies—could be resolved through mediation. Maintaining amicable working relationships is critical to success within this tight-knit community.

The mediation carnival was held at the recently completed West Kowloon Mediation Centre in Sham

Shui Po and involved games, performances and other activities designed to promote the use of mediation to members of the public, including ethnic minorities and new arrivals.

The week’s large-scale event was the Mediation Conference attended by some 600 participants. Local experts and eminent speakers from Australia, Mainland China, Malaysia, New Zealand, South Korea, UK and US shared their views and experiences on the latest global developments. Topics covered included the role of mediation in resolving disputes arising from the Belt and Road and Guangdong-Hong Kong-Macao Bay Area development initiatives, online dispute resolution and the use of mediation in resolving international commercial disputes.

The keynote speech was delivered by the lead author of Commentary on the Hong Kong Apology Ordinance, Professor Robyn Carroll of the University of Western Australia Law School. According to Professor Carroll, Hong Kong’s Apology Ordinance complements its Mediation Ordinance. The Apology Ordinance makes it possible for disputing parties to apologize, without their apologies being admitted as evidence in court proceedings. With that legal protection, it is easier for parties to defuse a dispute by saying sorry and to reach an amicable resolution without litigation.

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HONG KONG WINS BID TO HOST 2022 ICCA CONGRESS

HKSAR has been chosen to host the International Council for Commercial Arbitration’s 26th Congress in 2022. The ICCA Congress, held biennially, is the largest regular conference devoted to international arbitration and is renowned for its significant contribution to the development of international

GLOSSARY PROJECTS TO PROMOTE LEGAL BILINGUALISMStarting in 1986, existing English laws were translated and Chinese terms were created to correspond to English legal terms that had no equivalent. Since then, the Chinese terms have evolved and gained a level of recognition and acceptance. Two new bilingual legal glossaries will be made available on the DOJ website, with a tentative roll-out date from Q4 of 2020.

Announced in the Chief Executive’s 2018 Policy Agenda, the DOJ initiative will make it easier for people to access and search legal terms across both languages and supports the increasing use of Chinese legal terms by the legal and wider community. The glossaries will be made up of the glossaries of all the DOJ divisions and the Law Reform Commission

Secretariat which is staffed by the Legal Policy Division. Data for the glossaries is being compiled in two phases, starting with the selection of entries for the English-Chinese glossary before working on the Chinese-English glossary.

In 2017 an internal prototype was developed by the IT Management Unit to enable DOJ colleagues to access preliminary entries in the combined English-Chinese glossary. User feedback on the design and functions of the prototype has been carefully considered by the project’s Editorial Board and the IT Management Unit, and has informed the development of an enhanced prototype set to be trialed within DOJ from Q1 of 2019.

S.K. Lee (3rd from R) and Bernard Yue (2nd from R) with representatives from HK International Arbitration Centre

dispute resolution. Secretary for Justice Teresa Cheng SC welcomed the news as “a vote of confidence in Hong Kong’s thriving position as a legal and dispute resolution hub that will complement Hong Kong’s continued efforts in promoting international dispute resolution”.

LANGUAGE IN FOCUSThe glossaries focus on language used in the law and government communications. For example, “copy” is an English word with multiple meanings and finding the right Chinese equivalent can be problematic. In the glossaries, the entry for “copy” identifies 6 equivalent terms: 文本 , 副本 , 製成本 , 複製 , 複製本 , 複製品 . Using “copy” correctly according to English grammar can also be tricky. For example, does a requirement to provide “a copy of the notices” refer to one single copy or several copies? Often, the principle of agreement in English grammar—the way in which words are matched to express number—can seem baffling to non-native English speakers. It is important to use the correct singular or plural form:

1 “a copy of the notice” refers to a single copy for a single notice

2 “a copy of the notices” a single copy for each different notice

3 “10 copies of the notice” 10 copies for a single notice

4 “10 copies of the notices” 10 copies for each different notice? or 10 copies for all the notices?

To clarify any ambiguity in examples 2 and 4, using “each” with a singular noun would help, e.g. “a copy of each notice” or “10 copies of each notice”.

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DOJ Newsletter 2018 Issue 2

SECRETARY FOR JUSTICE’S ACTIVITIES — APRIL TO SEPTEMBER

Beijing, 26 to 29 April

Visit to Beijing to pay courtesy calls on the Hong Kong and Macao Affairs Office of the State Council, the National Development and Reform Commission, the Legislative Affairs Commission, the HKSAR Basic Law Committee of the Standing Committee of the National People’s Congress and the Ministry of Justice.

Beijing, 1 to 3 July

Visit to Beijing for the Belt and Road Legal Co-operation forum themed “Joining Hands for Building Belt and Road—Rules and Co-ordination”.

London, 12 to 16 June

Visit to London to speak at seminars organized by the Hong Kong Association, Asia House, King’s College London and Gray’s Inn. The Secretary spoke on Hong Kong’s role as a deal-making and dispute-resolution hub in the context of the Belt and Road initiative and the Guangdong-Hong Kong-Macao Bay Area development. She met with the Lord Chancellor and Secretary of State for Justice and members of the All Party Parliamentary China Group of the UK Parliament.

With the Lord Chancellor and Secretary of State for Justice of the UK David Gauke

Beijing, 9 to 12 May

Visit to Beijing to pay courtesy calls on the Ministry of Foreign Affairs and the Ministry of Commerce and again on the National Development and Reform Commission. The Secretary, together with Hong Kong legal and dispute resolution practitioners, visited the Supreme People’s Court and the State-owned Assets Supervision and Administration Commission of the State Council to exchange views on opportunities created by the Belt and Road initiative and Guangdong-Hong Kong-Macao Bay Area development.

Washington DC and New York, 11 to 18 July

Visit to Washington DC to give a plenary keynote speech at the Society of International Economic Law Biennial Conference. The Secretary spoke at the American University Center on International Commercial Arbitration on Hong Kong’s role in international arbitration, and Georgetown University Law Center on the dynamics of international legal norms. She met with the former Attorney General of the Department of Justice and Deputy Secretary of State of the Department of State, and visited New York.

With the former US Attorney General Jeff Sessions

Guangzhou and Shenzhen, 4 to 6 September

Visit to Guangzhou and Shenzhen to speak at the Hong Kong Legal Services forum themed “From Bay Area to International Arena” organized by the Department of Justice in Guangzhou. The Secretary met with the Vice-Governor of Guangdong Province and visited courts in Shenzhen.

Beijing, 9 September

Visit to Beijing to attend the Tsinghua World Forum on the Rule of Law and speak at the session “Regional Economic Integration, Trade Disputes and the Construction of the Rule of Law”.

Incheon, 10 to 11 September

Visit to Incheon, South Korea to speak on third party funding at the United Nations Commission on International Trade Law Inter-sessional Regional Meeting on Investor-State Dispute Settlement Reform.

Beijing, 13 to 15 September

Visit to Beijing to meet with officials of the Supreme People’s Court and attend the annual working meeting with the Department of Treaty and Law of the Ministry of Foreign Affairs.

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Source of map: https://ubisafe.org/explore/svg-map-open-source-world/

DOJ’S GLOBAL CONNECTIONS — APRIL TO SEPTEMBER

James Ding (L) in Xiamen

Visit to the People’s Procuratorate of Guangdong Province

* Secretary for Justice’s activities (see p.5)

Jenny Law at Oxford University(1st, 3rd and 4th from L) Anthea Li, Martin Hui and

Denise Chan in Paris

(L to R) Lawrence Peng, Rachel Tang, Karen Chan, Mabel Cheung, Karmen Kwok, Law Draftsman Theresa Johnson and Henry Chan at the Perth IT forum

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Canberra, 4-6 AprilAustralasian PCC and Commonwealth Association o f L e g i s l a t i v e C o u n s e l ( Pa c i f i c ) D ra f t i n g Conference, attended by five counsel from the Law Drafting Division including the Law Draftsman.

Guangdong, 16-18 MayVisit to the People’s Procuratorate of Guangdong Province, by five delegates including Director of Public Prosecutions David Leung SC. The visit included observing proceedings at different levels of courts including the recently established People’s Procuratorate of Qianhai.

Paris, 24-29 JuneFinancial Action Task Force’s Joint Plenar y week attended by Deputy Director of Public Prosecutions Martin Hui SC, Assistant Director o f P u b l i c P r o s e c u t i o n s D e n i s e C h a n a n d Deputy Principal Government Counsel Anthea Li. The meetings involved delegates from 203 jurisdictions, including those from the United Nations, International Monetary Fund and World Bank.

Perth, 11-13 JulyAustralasian Parliamentary Counsel’s Committee forum attended by seven members of the Law Drafting Division. At this annual forum, drafting offices in Australia, New Zealand, Singapore and Hong Kong update each other on developments in IT, office systems and publishing. Emerging trends are the drafting and publishing of legislation in a machine readable format and an automated system that reads amending bills and compiles the amendments into the relevant principal legislation.

Montreal, 16-18 JulyScourge of Trafficking in the 21st Century conference organized by the International Society for the Reform of Criminal Law and attended by Senior Assistant Director of Public Prosecutions Catherine Ko and Senior Public Prosecutor Christal Chan.

Kuala Lumpur, 14-17 AugustInternational Malaysian Law Conference attended by Deputy Director of Public Prosecutions William Tam SC, Acting Senior Assistant Director of Public Prosecutions David Chan and Senior Public Prosecutor Florrie Chan.

Cambridge, 2-9 September36th Cambridge International Symposium on Economic Crime, attended by Senior Assistant Director of Public Prosecutions Winnie Ho and Senior Public Prosecutor Margaret Yu.

Johannesburg, 9-13 September23rd International Association of Prosecutors Annual Conference and General Meeting, attended by Deputy Director of Public Prosecutions Martin Hui SC, Senior Assistant Director of Public Prosecutions Vinci Lam, Senior Public Prosecutor Mickey Fung and Public Prosecutor Annie Li.

Jersey, 20-21 SeptemberCommonwealth Association of Legislative Counsel Europe Regional Conference on “Delivering Brexit: Legislative Sprint or Marathon?”, attended by Senior Government Counsel Elaine Ng of the Law Drafting Division.

BeijingChina Studies Course at Peking University, 26 June-12 July (see p.12).

Advanced National Studies Course at the Chinese Academy of Governance, 9-21 September, attended by Senior Assistant Law Draftsmen Mabel Cheung and Rayne Chai.

Berkeley, 20 August - 12 OctoberHong Kong Officers Professional Development Programme at University of California, Berkeley (see p.12).

Brunei, 14-15 August 11th China-ASEAN Prosecutors-General Conference (see p.8).

Jakarta, 13 JulyAPEC Online Dispute Resolution Workshop on Strengthening Economic Legal Infrastructure (see p.10).

London, 9-20 JulyMiddle Temple Advocacy Course (see p.13).

Nanning, 19-21 JuneChina-ASEAN Prosecutors Exchange and Training Base (see p.8).

Nigeria, 6-8 AugustNigerian government delegates visited HKSAR to negotiate mutual legal assistance in criminal matters (see p.10).

OxfordHong Kong Officers Professional Development Programme at Oxford University, 23 April-15 June (see p.12).

Advanced International Advocacy Course at Oxford University, 28 August-1 September (see p.13).

Xiamen, 30-31 July12th Symposium on International Investment Law (see p.10).

Kathmandu, 21-27 July21st Asia/Pacific Group on Money Laundering Annual Meeting (see p.8).

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Director of Public Prosecutions David Leung SC attended a two-day conference at the 11th China-ASEAN Prosecutors-General Conference in Brunei from 14 August. Held in Bandar Seri Begawan, the event brought together the prosecutorial chiefs of China (including Hong Kong and Macao) and the nine ASEAN countries of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar,

ASIA/PACIFIC GROUP ANNUAL MEETING ON MONEY LAUNDERING

Public Prosecutor Human Lam of the Prosecutions Division and Government Counsel Sandy Shum of the International Law Division attended the 21st Annual Meeting of the Asia/Pacific Group on Money Laundering to present their mutual evaluation report on the Cook Islands’ effectiveness in combating money laundering and counter-financing of terrorism. More than 520

Human Lam (4th from R) and Sandy Shum (2nd from R)

delegates from 49 countries attended the meeting which was held in Kathmandu, Nepal from 21 to 27 July. Ms Lam and Tonga’s Director of Public Prosecutions were part of a specialist team and the legal assessors who looked into the country’s effectiveness in combating money laundering and counter-financing of terrorism in 11 key areas during a 10-day visit last year.

CHINA-ASEAN PROSECUTORS EXCHANGE AND TRAINING BASE

Deputy Director of Public Prosecutions and head of the Prosecution Division’s Commercial Crime sub-division William Tam SC attended the Exchange and Training Base in Nanning from 19 to 21 June. He had been invited as guest speaker in the base’s Training Program for Thai Prosecutors to share his expertise in prosecuting commercial crime in Hong Kong, including the various approaches and relevant laws used to tackle corruption and money laundering

William Tam (Front row, 2nd from L)

CHINA-ASEAN PROSECUTORS-GENERAL CONFERENCE

cases. Ten senior prosecutors from Thailand attended the 10-day program. To facilitate mutual and friendly understanding between the jurisdictions, the Thai prosecutors were introduced to China’s criminal justice system and reform, and its public prosecution system against the background of “Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” and they then gave an overview of the Thai prosecutorial system.

Singapore, Thailand and Vietnam. Themed “Enhancing Capabilities and Cooperation in Addressing Cybercrime”, the event brought together 68 representatives—including DOJ Senior Public Prosecutors Bobby Cheung and Clara Ma—from participating jurisdictions to discuss issues such as the threats of cybercrime, and network and information security.

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DOJ Newsletter 2018 Issue 2

HCCH 125th ANNIVERSARY GLOBAL CONFERENCE

PROSECUTION WEEK

The 125th Anniversary Global Conference of the Hague Conference on Private International Law (HCCH), with the theme “Ways Forward: Challenges and Opportunities in an Increasingly Connected World”, was held in Hong Kong from 18 to 20 April. Supported by DOJ, the event was the first global conference in a series of events planned to celebrate the 125th anniversary of the HCCH. It was graced by a stellar cast of speakers and moderators, including Xie Feng, Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the HKSAR, the Hon Chief Justice Geoffrey Ma Tao-Li GBM, Chief Justice of the Court of Final Appeal of the HKSAR, and Lord Collins of Mapesbury.

Prosecution Week kicked-off with Law Games, a concept introduced last year which has proven to be a crowd-pleaser. Some 107 students from 17 schools — up from 12 schools last year — took part in law quizzes following role-play exercises on different scenarios involving criminal law. Based on students’ everyday experiences, Law Games is designed to allow students to learn more about what is right or wrong in a practical and entertaining way.

Held from 22 to 29 June, the annual event — now in its seventh year — also saw hundreds more secondary students across Hong Kong taking part in interactive activities such as workshops, court visits and mock

In the opening session, Secretary for Justice Teresa Cheng SC shared her views on the opportunities for, and challenges to, private international law and the evolution of the HCCH. The HCCH was appreciative of her contribution, noting that her expertise had inspired many conversations and would usefully inform discussions on the future of the HCCH.

The conference gave leading private international law experts and other global participants a valuable opportunity to discuss a wide range of contemporary private international law issues, including the future development of private international law as well as the important role and contribution of the HCCH.

court exercises throughout the week.

Director of Public Prosecutions David Leung SC said that this year’s theme “The Law • Transparency • Public Interest” sums up how a prosecutorial decision is made: the law and evidence is first considered and, in determining whether an offence is made out, transparency is the key to assuring parties and the general public that the decision is made to the highest professional standard. “Transparency is important in maintaining public confidence as justice needs to be seen to be done,” Mr Leung said.

(L to R) Professor Jürgen Basedow (keynote speaker), Teresa Cheng, Xie Feng, Christophe Bernasconi, Chief Justice Geoffrey Ma and Lord Collins of Mapesbury

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DOJ ORGANIZES APEC WORKSHOP IN INDONESIA

At the request of Indonesia, DOJ organized a workshop for Indonesian government officials, lawyers and academics on 13 July in Jakarta on Strengthening Economic Legal Infrastructure and Online Dispute Resolution. Legal experts from the three leading international organizations on private international law (the Hague Conference on Private International Law, United Nations Commission on International Trade Law, and International Institute for the Unification of Private Law) as well as from DOJ and other economies, spoke on the use and incorporation of international legal instruments, and also on online dispute

Emma Wong of the Law Drafting Division (1st from L), Michelle Fung (2nd from L) and James Ding (4th from R)

resolution. This was a capacity-building initiative under the Friends of the Chair group on Strengthening Economic and Legal Infrastructure under the Economic Committee of APEC, which Deputy Law Officer Dr James Ding of the International Law Division leads.

“Many thanked DOJ for organizing this event, and several participants came up to me to say they’d learnt a lot. It’s great when what we do in the office can be extended to assist people in other places and build friendship along the way,” Senior Government Counsel Michelle Fung of the International Law Division said.

SYMPOSIUM ON INTERNATIONAL INVESTMENT LAW

From 30 to 31 July, Deputy Law Officer Dr James Ding and Government Counsel David Ng of the International Law Division attended the 12th Symposium on International Investment Law organized in Xiamen by the Chinese Society of International Economic Law and the School of Law of Xiamen University, with support from the Ministry of Commerce of the People’s Republic of China.

Investor-State Dispute Settlement (ISDS) reform has been a hotly debated subject in the international community in recent years. The Symposium provided a valuable and timely opportunity for DOJ to exchange thoughts on cutting-edge issues related to ISDS reform with representatives from the Ministry of Commerce, academics from various universities in the Mainland, and private practitioners from a number of Chinese law firms.

HONG KONG AND NIGERIA NEGOTIATE LEGAL CO-OPERATION

To strengthen legal co-operation, counsel from the Mutual Legal Assistance Unit of the International Law Division (ILD) held a round of negotiations with delegates from Nigeria to conclude an agreement concerning mutual legal assistance in criminal matters, at Justice Place from 6 to 8 August. The two sides also discussed Nigeria’s proposed amendments to the 2017 Agreement between the Government of the HKSAR of the People’s Republic of China and the Government of the Federal Republic of Nigeria concerning the Transfer of Sentenced Persons.

The Nigerian delegation was represented by officials from the Ministry of Foreign Affairs and Ministry of Justice of the Federal Republic of Nigeria. Following negotiations, the two sides initialled a text to record the outcomes of their discussions and agreed to further consider outstanding issues with a view to finalizing the agreement.

ILD Deputy Law Officer Linda Lam (4th from R), Nigerian delegates and ILD officers

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Five law students received recognition for the high quality of their essays at the Law Reform Essay Competition 2018 Certificate Award Ceremony held on 26 July. Running for its fifth year, the competition was organized by the Law Reform Commission (LRC) to raise law students’ awareness of the importance of law reform and to give them an opportunity to consider and propose how a given area of Hong Kong law could be reformed.

Officiating at the ceremony, Secretary for Justice Teresa Cheng SC, also Chairman of the LRC, said the competition had become an annual event to help foster among law students an awareness of law

reform and in particular the complexity of the legal and socio-economic implications it entails.

The topic for this year’s competition was “Should ride-hailing services be regulated in Hong Kong? If so, why and how? If not, why not?”. The winners, who are studying law programmes at the University of Hong Kong, the Chinese University of Hong Kong and the City University of Hong Kong, were each awarded a one-month or two-month attachment with one of the competition’s sponsors: CK Hutchison Holdings Limited, DOJ, Herbert Smith Freehills, Temple Chambers and Woo, Kwan, Lee & Lo.

STUDENTS AWARDED FOR OUTSTANDING LAW REFORM ESSAYS

(L to R) Teresa Cheng, Secretary of the Law Reform Commission Peter Wong, together with one of the

winners

Chief Justice Geoffrey Ma presenting the certificate to one of the winners

HACKATHON WINNERS WANT TO IMPROVE ACCESS TO JUSTICE

The winning team of Hong Kong’s first LegalTech and RegTech Hackathon visited DOJ on 26 March. Their project, “Decoding Law”, involved a new browser plug-in to unpack complex legislative text and help people more easily understand it. The team had an engaging discussion with colleagues from the Law Drafting Division on how technology can improve access to justice.

Decoding Law went on to win the public sector award at the inaugural Global Legal Hackathon in New York

Some of the winning team with the organizer Brian Tang and LDD counsel

on 21 April. The team—comprising law students from Hong Kong University and Chinese University of Hong Kong together with IT developers—competed against entrants from 40 cities across 22 countries worldwide. According to one of the judges, George Beaton: “Decoding Law is an inspiring idea, enabling lay people to cut through legalese and understand the law and its implications for themselves, where and when they need assistance. This service should be available in every jurisdiction.”

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Senior Government Counsel Alyssa Lau of the Civil Division attended the China Studies Course at Peking University between June 26 and July 12, along with colleagues from different bureaus and departments. The programme provided participants

China Studies Course, Peking University

Overseas Professional Development Training Programmes, Oxford and Berkeley

From time to time, the HKSAR Government arranges for Administrative Officers, as well as selected officers from various departments, to attend overseas training programmes for professional development.

This year, Senior Government Counsel Jenny Law of the Legal Policy Division and Senior Government Counsel Manuel Ng of the Law Drafting Division were selected for the “Hong Kong Officers Professional Development Programme” at Oxford University from 23 April to 15 June. Run by the Blavatnik School of Government, the programme covered topics such as policy evaluation, behavioural science, value-based leadership and international relations. Participants also received training in public speaking and visited the Houses of Parliament and government departments in London.

“One of the most valuable benefits of attending

the programme was the chance to study with the Administrative Officers,” said Mr Ng. “I believe I’ve become more capable of seeing things from their perspective and communicating with them effectively at work.”

In addition, Senior Government Counsel Vernon Loh of the Legal Policy Division attended a programme at the University of California, Berkeley from 20 August to 12 October. The “Executive Public Policy for Internationals” programme at the Goldman School of Public Policy included a tailor-made course on public policy analysis, electives on the qualitative and quantitative aspects of public policy analysis, and courses on inequality and racism. Mr Loh visited the Metropolitan Transportation Commission, Oakland City Hall and Berkeley City Hall to discuss the challenges faced by these entities and strategies for addressing them.

with a comprehensive understanding of the Mainland’s political, social, economic, cultural and legal systems. In addition to attending lectures, she met with Mainland officials and went on a three-day visit to Changsha.

PROFESSIONAL DEVELOPMENT — OVERSEAS COURSES

Alyssa Lau (4th from L)

Manuel Ng presenting his drawing of the Blavatnik School of Government to the school’s Chief

Operating Officer, Calum Miller

Presentation by Vernon Loh at the University of California

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Middle Temple Advocacy Course, London

Senior Government Counsel Vienne Luk of the Civil Division and Acting Senior Public Prosecutors Ivan Cheung and Lily Yip attended the Middle Temple Advocacy Course in London from 9 to 20 July.

“As a civil litigation lawyer for many years, criminal advocacy had seemed somewhat distant to me,” said Ms Luk. “So I was very glad to extend my knowledge and interest in the criminal law field in order to become a well-rounded legal practitioner. Advocacy—civil and criminal alike—is the art of

Oxford University Advanced International Advocacy Course

Senior Government Counsel Yvonne Cheung of the Civil Division and Senior Public Prosecutors Derek Wong and William Siu (pictured L to R) attended the South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course at Keble College, Oxford University from 28 August to 1 September.

According to Ms Cheung, “The week in Keble was probably one of the most intensive weeks of my life. We were provided with a huge pile of case materials a few weeks in advance. Indeed, the real benefit of the course was not only to brush up our advocacy skills, but also our case analysis skills and tactical judgment.”

Mr Wong, who prosecutes regularly at all levels of our criminal courts, felt the experience was

invaluable. “Being able to observe different advocates with their own unique styles was a great learning experience in itself,” he commented.

Teaching took place in groups of six, and each day was devoted to a different aspect of trial advocacy, including opening, closing, examination-in-chief, cross-examination, written advocacy, appellate advocacy and handling expert witnesses (who were real doctors to make the exercise more authentic). On the final day Ms Cheung conducted a mock trial before the Right Honourable Sir Anthony Hooper, a retired Lord Justice of Appeal. “Overall, the opportunity to participate in what is called the ‘most demanding and intensive advocacy course in the world’ at beautiful Keble College was the experience of a lifetime,” she said.

persuasion which can only be mastered through ‘trials’ and errors!”

Mr Cheung also made favourable comment: “The course enabled me to further develop my advocacy skills. This will be useful in conducting trials and appeals in criminal cases, and in other aspects of work in the Prosecutions Division.”

Having exceptionally fine weather during the course was a bonus for all attendees.

Ivan Cheung, Lily Yip and Vienne Luk (Front row, 2nd to 4th from L)

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DRAGON OF JUSTICE

The Department’s “Dragon of Justice”「律政之龍」paddled its way fearlessly into the Gold Cup Division of the Legal Professional Cup for the second straight year, despite both the amber rainstorm and thunderstorm warning signals being in force on the day.

The Legal Professional Cup races went ahead on 23 June amid adverse weather conditions but our dragon boat team, led by team captains David Leung SC and Martin Hui SC, embraced the challenge and were placed sixth in the finals.

One of the team’s drummers, Cassandra Fung, felt that the training in the run-up to the competition

was a truly unforgettable experience. “Paddling was not easy, and harder still was to get the boat moving as a unit. I had the pleasure to witness, from a perfect angle, how rowers started off barely getting the boat moving, to eventually synchronizing their strokes to have it sprinting—so strong that I almost fell from the little wooden stool!”

Training began in April, and team members were so enthusiastic about the weekly training that there were several occasions when the boat was nearly overloaded. “It was moving to see how members from different divisions of the Department were brought together in unity to work towards a common goal,” said Ms Fung.

COLLEAGUES MEET UP

Secretary for Justice Teresa Cheng SC and Law Officers invited junior counsel and legal trainees to a tea reception and two cocktail gatherings between May and August. The cocktail gatherings were joined by other senior staff. The Secretary also arranged 11

sandwich lunches with small groups of counsel of various grades between May and September. The relaxed social settings enabled lively, candid and wide-ranging discussions to happen as colleagues got to know each other.

DOJ Newsletter 2018 Issue 2

1 5

Q & A Government Counsel

Cherry Chong is a Public Prosecutor in the Prosecutions Division who joined DOJ in 2017. She is pictured on holiday in Nagiso, Japan.

What inspires you most about your work?The fact that we, as public prosecutors, are in a unique position to help vulnerable victims via the criminal justice system.

How do you like to relax? Playing table tennis, hiking and practising yoga.

If you could time travel, when and where would you go?My childhood. I wish I could spend time with my grandma again, as a little girl eating Dragon’s Beard Candy in the park. I miss those good old memories.

What do you consider is the best advice you’ve ever been given?A journey of a thousand miles begins with a single step.

What is your most treasured possession? My family and my friends.

Aaron Lam is a Government Counsel in the Civil Litigation Unit of Civil Division who joined DOJ in November 2014. He is pictured enjoying a sunny vacation in France.

What inspires you most about your work?The constant realization when I read a new file of how miniscule I am in the legal world and how much more I need to learn.

How do you like to relax? Binge-watching sitcoms/comedies (indoors); intoxicating myself with caffeine and a good read at a random café (outdoors).

If you could time travel, when and where would you go?Tough one… would there be lethal exposure to radiation?

What do you consider is the best advice you’ve ever been given?Always be good as karma has no deadline.

What is your most treasured possession? A watch from my late father (physically) and a sense of humour (metaphysically).

RUNNING FOR HEALTH AND WELLNESS Deputy Law Draftsman Gilbert Mo runs marathons worldwide, often with LDD colleagues Senior Government Counsel Selina Lau and Deputy Principal Government Counsel Michael Lam. They are pictured (L to R) after completing a marathon in Taiwan.

“I ran my maiden marathon in very punishing weather in 2004. That evening, I wrote an email to the friend who inspired me to run the 42.195 km. His reply is a vivid

memory: ‘You are a different man now’.

So true. There is hardly a more satisfying experience than making a huge effort and achieving what one thought was beyond one’s reach. What it takes to run two to three marathons outside Hong Kong every year are blessings that I have never stopped counting. Tokyo, Moscow, Sydney, Athens, Taipei, Cape Town, Osaka, Singapore, Berlin, New York... that is a list I wish to add to for as long as possible.

Running marathons is not only about finishing. It is more about starting with the belief that you are capable of breaking free of the shackles cast by the words ‘I cannot do it’. Believe me, it is worth sweating for.”

DOJ Newsletter 2018 Issue 2

NOTABLE JUDICIAL DECISIONS INVOLVING THE GOVERNMENTListed below are notable judicial decisions from April 2018 to September 2018 in cases involving the Government. These cases either involve important or significant legal principles or issues of public interest, or are of general interest to the community. Links to these decisions in the Judiciary website can be found in the e-version of this Newsletter at http://www.doj.gov.hk/eng/public/pdf/2018/newsletter02_e.pdf

4. CACV 161/201710 May 2018

RE "A"(Application for admission as a barrister of the High Court in Hong Kong)

5. HCMP 2745/2016 & HCMP 2747/201620 Apr 2018

CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY(Applications for disclosure of medical reports of patients from the Hospital Authority - patient’s privacy)

JUDICIAL REVIEW CASES

1. HCAL 1160 & 1165/201814 Aug 2018

梁頌恆 v. 立法會主席 AND 律政司司長郭卓堅 v. 香港特首林鄭月娥 (Interim relief in judicial review proceedings)

2. CACV 14/20172 Aug 2018

ZN v. SECRETARY FOR JUSTICE AND OTHERS (Human trafficking) *Summary

3. CACV 110/2017 &CACV 162/201723 Jul 2018

KWOK CHEUK KIN v. LEUNG CHUN YING AND OTHERS(Appeal against refusal to grant extension of time for judicial review - whether leave to appeal required)

4. FACV 1/201804 Jul 2018

QT v. DIRECTOR OF IMMIGRATION(Immigration - Dependant Visa Policy)*Summary

5. CACV 126/201701 Jun 2018

LEUNG CHUN KWONG v. SECRETARY FOR THE CIVIL SERVICE AND ANOTHER(Same-sex marriage - employees’ benefits and completion of tax returns)*Summary

6. HCAL 6/201431 May 2018

SHOVE SHERPA v. DIRECTOR OF IMMIGRATION(Immigration - Right of Abode - Interpretation of Article 24 of the Basic Law ("permanent residents" and "non-permanent residents")

7. FACV 4/201815 May 2018

DESIGNING HONG KONG LIMITED v. THE TOWN PLANNING BOARD(Protective costs order)*Summary

8. FACV 15/201709 May 2018

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)(Dangerous Hillside Orders - maintenance responsibilities)

9. CACV 34/201730 Apr 2018

LEUNG KWOK HUNG also known as "LONG HAIR" v. COMMISSIONER OF CORRECTIONAL SERVICES(Decision to cut the hair of male prisoners - Sex Discrimination Ordinance, Cap. 480)*Summary

G/F, Main Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong Phone: (852) 2867 2198; Fax: (852) 3918 4249; E-mail: dojinfo@doj.gov.hk; Website: https://www.doj.gov.hk

Case Number(Date of Decision or Reasons for Decision)

Case Name(Subject Matter Involved)

CRIMINAL CASES

1. FACC 3-15/201828 Sep 2018

SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG & OTHERS(Sentencing principles in unlawful assembly)

2. CACC 143/201618 Sep 2018

HKSAR v. KILIMA ABUBAKAR ABBAS(Sentencing principles in drug trafficking)

3. CACC 55/201720 Jul 2018

HKSAR v. TSANG YAM KUEN DONALD (Misconduct in public office) *Summary

4. CACC 147/2016,CACC 346/2016 & CACC 375/201718 Jul 2018

HKSAR v. CHAN KA YIU & OTHERS(Enhancement of sentence in cross-border trafficking of ketamine)

5. FACC 2/20184 Jul 2018

HKSAR v. LEUNG CHUN KIT BRANDON(Prosecutor’s closing speech in magistrates court)

6. HCCC 408/2016 11 Jun 2018

HKSAR v. LEUNG TIN KEI, LO KIN MAN & WONG KA KUI (Riot) *Summary

7. FAMC 65/201721 May 2018

HKSAR v. LI XIAOXIANG(Allegations against counsel)

8. FACC 6 & 7/201714 May 2018

HKSAR v. WAN THOMAS & ANOTHER(Prison visits)

9. FACC 11/201709 May 2018

HKSAR v. CHOI WAI LUN (Indecent assault)*Summary

Department of Justice

Published November 2018

*The summaries of judicial decisions contained in this section are prepared by the Department of Justice (DoJ) based on DoJ’s own interpretation and understanding of the decisions of the courts concerned. The summaries are not legal advice and should not be relied upon by anyone as such. The summaries have no legal effect and are not intended to be cited as authorities of any kind. To fully understand the legal effect of the courts’ decisions, the whole judgments of the courts concerned should be looked at.

CIVIL CASES

1. HCMP 2917, 2918, 2925, 2929 & 2931/201531 Aug 2018

SECRETARY FOR JUSTICE v. SIEW YUN LONG, MAN FOR ON, YUNG YIU SING, CHAN PAK TAO, AND LOU TIT MAN(Criminal contempt of court)*Summary

2. CACV 221/201710 Aug 2018

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS(Charities - locus standi and construction of s.57A(a)(iii) of the Trustee Ordinance, Cap. 29)

3. CACV 94/201601 Jun 2018

POON CHO-MING, JOHN v. COMMISSIONER OF INLAND REVENUE(Salaries Tax - Payment upon Termination of Employment and Share Option Gain)