DOJ NEWSLETTERTHE

2017 ISSUE 2

PROSECUTION WEEK 2017Enthusiastic students across Hong Kong took part in a host of activities during the sixth annual event, themed “The Rule of Law”. Held from 26 to 30 June, the week gave students and the broader community an opportunity to deepen their understanding of the Department’s prosecution service and the important role that each Hong Kong resident plays in the proper functioning of our criminal law system.

Speaking at the opening of the event, former Director of Public Prosecutions (DPP) Keith Yeung SC said that when it comes to upholding the rule of law, the Prosecutions Division adopts an unequivocal approach which is clear, emphatic, with no qualification or compromise.

The DPP explained how the rule of law and prosecutorial independence, guaranteed under Article 63 of the Basic Law, enable prosecutors to discharge their duties impartially. “So, if any person or entity sees fit to approach us and try to tell us what to do, we have the constitutional power to say, firmly but courteously, ‘Thank you and no thank you.

We will do what is deemed appropriate in compliance with the rule of law’. Such is our privilege, but such is also the weight of our mandate”, the DPP said. In order to implement this onerous but important mandate better, society’s understanding is vital, the DPP added.

The Secretary for Justice Rimsky Yuen SC also explained that the prosecution service’s performance should not be gauged by looking at conviction rates. “Justice should not just be measured by figures, but should be by reference to whether the law is adhered to, whether the evidence is fairly presented, and whether the victim and the accused are fairly treated and their rights duly protected.”

During the week, prosecutors and the community came together in interactive activities such as talks, court visits and mock court exercises. Students from 12 schools also participated in a law quiz, which challenged their understanding of the criminal justice system.

FEATURES DOJ Newsletter 2017 Issue 2

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HKeL IS LAUNCHED

On 24 February, DOJ launched Hong Kong e-Legislation (HKeL), a new platform intended to transform electronic access to Hong Kong legislation. Replacing the Bilingual Laws Information System (BLIS), the new database allows users to view and print copies of verified legislation with official legal status. Ultimately HKeL will replace the Loose-leaf Edition of the Laws of Hong Kong as the authoritative source for the Hong Kong statute book.

“Access to law is essential to the rule of law. This is not just about people being able to understand the law. It is also about people being able to access copies of the law,” said Law Draftsman Theresa Johnson.

HKeL aims to deliver a quality user experience by introducing new tools that include options to view legislation in monolingual or bilingual mode, and in current or past versions. An email alert service informs subscribers about legislative changes. The project was developed by a team within the Law Drafting Division in collaboration with the Department’s Information Technology Management Unit and a contractor.

To be given legal status in the HKeL system, each item of legislation has been rigorously checked against the official version in the Loose-Leaf Edition. As of September, 210 verified chapters have been published, including the Companies Ordinance (Cap. 622). Until the verification process is completed, other chapters in HKeL are available for information purposes only. The DOJ encourages users to give feedback at elegislation-enq@doj.gov.hk.

In This Issue

FeaturesProsecution Week 2017HKeL is LaunchedCriminal Law Conference

Legal UpdatesGender RecognitionReciprocal ArrangementLegislative UpdateLegal Cooperation Agreements

Cooperation & ConferencesSecretary for Justice’s Duty VisitsDOJ Duty Visits & Professional DevelopmentStudents visit DOJMediate First Pledge

Staff NewsA Day in the Life of Paul Tsang,Law Officer (International Law) Rebecca Drake Honoured by FranceQ&A Government CounselStaff Activities

Useful InformationNotable Judicial Decisions involving the Government

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Editorial Board

• Theresa Johnson (Law Drafting Division - also Board Chairperson)

• Audrey Parwani (Prosecutions Division) • Becky Hung (Administration and Development

Division - also Board Secretary)• David Ng (International Law Division)• Jenny Law (Legal Policy Division) • Suzanne Lee (Civil Division)

Special thanks to:

• Elizabeth Grindey (Law Drafting Division) • Eva Wong (Public Relations and Information

Unit) • Patrick Chan (Information and Technology

Management Unit) • Wallance Ng (Legal Trainee, Law Drafting

Division)• General Translation Unit

FEATURES

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DOJ Newsletter 2017 Issue 2

CRIMINAL LAW CONFERENCE

Local and overseas criminal law experts came together on 20 May to exchange views on evolving topics in the criminal justice system.

The conference, organized by the Department’s Prosecutions Division in conjunction with the Hong Kong Bar Association and the Law Society of Hong Kong, is the fourth of its kind to be held. It draws together overseas experts as well as those from the Hong Kong legal community. The Honourable Justice William Young KNZM, Supreme Court of New Zealand and Professor David Ormerod QC, Law Commissioner for Criminal Law and Evidence of England and Wales were special guests at the event.

The DPP, his four Deputies and DOJ counsel joined members of the Judiciary, criminal law practitioners and academics in lively and insightful discussions on four topical issues throughout the day.

The discussion on “active case management” was especially engaging in light of the new Practice Direction 9.3 on Criminal Proceedings in the Court of First Instance which came into force on 12 June

On 23 June, the Inter-departmental Working Group on Gender Recognition, chaired by the Secretary for Justice Rimsky Yuen SC, released a consultation paper on gender recognition following its detailed study on recognition issues.

The consultation paper seeks the community’s views on issues related to reviewing the law to allow transgender and transsexual people to change their legal gender. A spokesman for the working group

PUBLIC IS CONSULTED ON GENDER RECOGNITIONsaid, “The subject of gender recognition involves legal, medical, social and human rights issues which are complicated and controversial, and may have wide-ranging policy implications.” The consultation period, originally to run until 31 October 2017, will now end on 31 December 2017. The public is welcome to read the consultation paper at www.iwggr.gov.hk and send in their views.

2017. The DPP considered the direction to be the most important of its kind in the last 20 years and one that would fundamentally change the mode of preparation, presentation and listing of all criminal cases in the Court of First Instance. “But it is refreshing ... to take a new look at the Practice Direction from a more international and philosophical perspective: should case management be ... adversarial or managerial? And also how can we strike a good balance between inviting the defence to tell us more so that we can achieve more, without the fair trial right being eroded,” the DPP commented.

The experts also shared their views on other areas such as protecting vulnerable witnesses in court, the law of joint enterprise and recent developments in sentencing practice in Hong Kong.

During their visit, Justice Young and Professor Ormerod also gave talks to prosecutors of the Prosecutions Division.

... we can all ... sit back a bit in a neutral forum, Judges sharing their views and we voicing out some of the grievances we have had, and looking forward to how best to handle some of the points which affect everybody in Hong Kong, either concretely or potentially.

Keith Yeung SCFormer Director of Public Prosecutions

LEGAL UPDATES

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DOJ Newsletter 2017 Issue 2

RECIPROCAL ARRANGEMENT FOR MATRIMONIAL AND

FAMILY JUDGMENTS

Secretary for Justice Rimsky Yuen SC and Executive Vice President of the Supreme People’s Court Shen Deyong signed the reciprocal arrangement on 20 June. Speaking at the signing ceremony, the Secretary said that the Arrangement once again demonstrated that the differences between the two places’ legal systems were no obstacle to cooperation, if both sides could foster mutual understanding and mutual respect in accordance with the spirit of the “one country, two systems” policy. “Not only is the signing of the Arrangement an important milestone in the context of mutual legal assistance between the two places, it is also the most recent example of the successful implementation of the Basic Law,” he added.

The Arrangement is to be implemented through local legislation which is expected to provide for the recognition and enforcement of court orders on individual identity and relationships, maintenance orders, custody orders in respect of children and protection orders in cases involving domestic violence.

LEGAL COOPERATION AGREEMENTS WITH ISRAEL

AND ARGENTINA

New agreements, negotiated in the spring, will bring Hong Kong Special Administrative Region (HKSAR) into closer legal cooperation with Israel and Argentina by allowing for the transfer of fugitive offenders or sentenced persons between the jurisdictions.

After negotiations held between 8 and 9 February at Justice Place, HKSAR and Israel initialled the agreed texts of Agreements on the Surrender of Fugitive Offenders and the Transfer of Sentenced Persons. The HKSAR delegation was represented by counsel from the DOJ’s International Law Division (ILD) and the Israeli delegation by members of the Office of the State Attorney. The new agreements will allow persons wanted for prosecution in either jurisdiction to be surrendered for trial in the other jurisdiction, and for Israeli nationals or Hong Kong permanent residents imprisoned in the other party’s jurisdiction to be transferred to their home jurisdiction to serve their sentence.

Between 14 and 16 March, representatives of Argentina’s Ministry of Foreign Affairs and Religion and counsel from the ILD met at Justice Place to negotiate an Agreement on the Transfer of Sentenced Persons. The delegates initialled an agreed text, due to be formally signed by the two Governments, which will enable Argentine nationals imprisoned in Hong Kong and Hong Kong permanent residents imprisoned in Argentina to serve their sentence in their home jurisdiction.

LEGISLATIVE UPDATEThe Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 was passed on 14 June. The new law will clarify that third party funding of arbitration (and related court proceedings) and of mediation is permitted. The amendments of the Arbitration Ordinance (Cap. 609) and the Mediation Ordinance (Cap. 620) provide for the issue of a code of practice to set out standards and practices (including financial and ethical standards) for third party funders and other measures and safeguards for parties in line with the latest developments in the dispute resolution sector.

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DOJ Newsletter 2017 Issue 2COOPERATION & CONFERENCES

SECRETARY FOR JUSTICE’S DUTY VISITS — JANUARY TO JUNE

Commonwealth Law Conference

Solicitor General Wesley Wong SC led a delegation of DOJ counsel to Melbourne to attend the 20th Commonwealth Law Conference from 20 to 24 March. Delegates from 56 countries participated in the conference which focused on current trends in corporate and commercial law, the legal profession, the rule of law and other contemporary legal topics. DOJ counsel attending were Senior Assistant Director of Public Prosecutions Jonathan Man and Cecilia Chan SGC from the Prosecutions Division, Diana Lam SGC from the Legal Policy Division and Osa Chan, Government Counsel (GC) from International Law Division.

United Arab Emirates, 7 to 9 March

Visit to Dubai to attend the Chartered Institute of Arbitrators International Arbitration Conference 2017 where the Secretary spoke at the panel discussion on “The Role of Legislation in Developing and Sustaining an Arbitration Friendly Seat”. During his stay, the Secretary met with the Chief Justice of the Dubai International Financial Centre Courts, Michael Hwang SC.

(L to R) Director of the Legal Affairs Bureau of Macao SAR, Secretary for Justice, the patron of Chartered

Institute of Arbitrators and the Vice-Minister of Justice, Egypt

Xian, 22 to 24 April

Visit to Xian to speak at the Conference on Mutual Legal Assistance in Civil and Commercial Matters between HKSAR and the Mainland, co-organized by DOJ and the Supreme People’s Court. The purpose of the conference was to review developments in legal assistance between the two jurisdictions since 1997 and explore the way forward. During his stay, the Secretary visited court facilities and met with Supreme People's Court's Executive Vice President Sheng Deyong and other officials.

United Kingdom, 23 to 26 May

Visit to St Hugh’s College, University of Oxford to deliver the Dr Mok Hing Yiu Memorial Lecture entitled “The Development of Common Law in Hong Kong—Past, Present and Future”. The Secretary was also invited to Asia House in London to speak on the “One Country, Two Systems Policy and the Rule of Law in the HKSAR in the Past 20 Years and the Future” and to give corporate members a briefing session on legal services and economic development. During his visit, the Secretary met with representatives of the Middle Temple, the Law Society and the Bar Council to exchange views on the latest developments in the legal sectors of HKSAR and the United Kingdom.

Speech at Asia House, London

APEC seminar in Vietnam

Deputy Law Officer Dr James Ding and Senior Government Counsel (SGC) Michelle Fung of the International Law Division visited Nha Trang on 25 February where Dr Ding, with the assistance of Miss Fung, convened the Meeting of the APEC Economic Committee Friends of the Chair on Strengthening Economic Legal Infrastructure.

DOJ DUTY VISITS AND PROFESSIONAL DEVELOPMENT

James Ding (centre) and Michelle Fung (right)

COOPERATION & CONFERENCES

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DOJ Newsletter 2017 Issue 2

Denise Chan (left) and Anthea Li (second right)

(L to R) Helen Lam, Karmen Kwok, Sandy Hung, Sandy Shum, Theresa Johnson, Lawrence Peng, Lenny

Cheng, Louie Chan, Winson So and Anthea Kwok

Advocacy course at Middle Temple, London

Public Prosecutors S i m o n K w o n g a n d V i n c e n t L e e attended the Middle Te m p l e A d vo ca c y Course in London in March as part of t h e P r o s e c u t i o n s Division’s ongoing training programme. The two-week intensive course, held from 6 to 17 March, saw participants attend lectures and workshops led by experienced legal practitioners in the United Kingdom, including Queen’s Counsel, in the civil and criminal fields.

Training visit to Washington D.C.

Jessie Sham SGC(Acting) and Human Lam GC attended the FATF Assessor Training 2017 at the United States Treasury in Washington D.C. from 27 to 31 March. About 50 participants worldwide, from prosecutors to police officers and bankers, were given training relating to technical compliance in, and the effectiveness of, anti-money laundering measures, and to countering terrorist financing.

Study visit to Beijing

On the invitation of the Hong Kong and Macao Affairs Office, the Law Draftsman led a delegation of counsel from all Divisions to Beijing for a study visit from 19 to 22 March. There were visits to a number of legal related organizations, including the Ministry of Justice, the Supreme People’s Court, the Legislative Affairs Office of the State Council, the Legislative Affairs Commission of the Standing Committee of the National People's Congress, and the Ministry of Foreign Affairs. The Law Draftsman and Senior Assistant Law Draftsman (SALD) Lawrence Peng gave a presentation on the “Challenges of Drafting Bilingual Legislation in HKSAR” at the Law School of the Peking University and had a rewarding exchange with the students on the topic. Students were also impressed by a demonstration of the Hong Kong e-Legislation database given by Karmen Kwok SGC.

International Civil Aviation workshop

DOJ representatives visited Bangkok to attend the International Civil Aviation Organization regional workshop on Protection of Safety Information from 2 to 4 May. The delegates were Shirley Wong DPGC and Lorraine Chan SGC of the International Law Division and Rickie Chan SGC of the Civil Division.

Plenary meetings on counter-terrorist financing

DOJ Counsel—including Deputy Principal Government Counsel (DPGC) Anthea Li of the International Law Division and Assistant Director of Public Prosecutions Denise Chan of the Prosecutions Division—were part of a delegation from HKSAR to attend the Financial Action Task Force (FATF) Plenary meetings in Paris from 19 to 24 February. The event saw up to 800 delegates from the 198 jurisdictions of the FATF Global Network as well as the United Nations, International Monetary Fund and World Bank attending seven days of meetings on counter-terrorist financing and transparency and beneficial ownership.

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DOJ Newsletter 2017 Issue 2COOPERATION & CONFERENCES

Professional Development

• Protection of Property Rights under the Basic Law workshop conducted by Llewellyn Mui, Senior Assistant Solicitor General (SASG) (Basic Law) on 24 February.

• Mediation training from February to June: Mediator Skills Training course organized by the Centre for Effective Dispute Resolution attended by Assistant Law Officers (Civil Law)Samuel Lee and Simon Lau. Four Law Clerks of Civil Division attended the 40-hour General Mediator Training Course organized by the Hong Kong Mediation Centre or the Accredited General Mediation course organized by Hong Kong Shue Yan University.

• Mediation—Its Position in the Legal Landscape, Its Development in Hong Kong and the Department’s Initiatives sharing session by Deputy Law Officer (Civil Law) Simon Lee and Commissioner of the Joint Dispute Resolution Strategy Office Ada Chen on 7 March.

• Updates on Human Rights Considerations in Law Drafting workshop conducted by Godfrey Kan, SASG(Human Rights) on 21 March.

• A G e n e ra l O ve r v i e w o f t h e C o m p et i t i o n Ordinance (Cap. 619) and Points to Note in Policy Formulation seminar by Thomas Cheng Kin-hon, Associate Professor at the Faculty of Law of the University of Hong Kong and member of the Hong Kong Competition Commission, on 19 April.

• A series of six lectures on topical or developing issues by Professor Simon Young as part of the Prosecutions Division’s Continuing Legal Education Programme, between 10 March and 30 June.

(L to R) Queenie Wu, Carmen Chan, Lawrence Peng, CALC President Peter Quiggin, Theresa Johnson,

Michael Lam and Frances Hui

Prosecuting Agencies Conference

Former DPP Keith Yeung SC attended the 14th Heads of Prosecuting Agencies Conference in Sydney, Australia, from 26 to 28 April.

International conference about legislative drafting

Six members of the Law Drafting Division visited Melbourne to attend a drafting conference organized by the Commonwealth Association of Legislative Counsel (CALC) from 29 to 31 March. The conference focused on the challenges facing legislative drafters and provided an excellent opportunity to exchange views with drafters from other common law jurisdictions. Two delegates then attended the post-conference workshop in Sydney on 4 April and Lawrence Peng SALD was reappointed to the Association’s Council for his second term.

Students visit DOJ

Following the success of the student visit to the Department under the Career and Life Adventure Planning Project last year, visits by secondary students from Pak Kau College, ECF Saint Too Canaan College, HKCCC Union Logos Academy and Tak Nga Secondary School to the Department were organized by Caritas Hong Kong in February and the Hong Kong Jockey Club Charities Trust in April.

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COOPERATION & CONFERENCES DOJ Newsletter 2017 Issue 2

MEDIATE FIRST PLEDGE 2017 AND LOGO LAUNCH

DOJ is committed to promoting the use of mediation in Hong Kong. To this end, it has since 2009 organized “Mediate First” Pledge events to encourage organizations to sign a pledge to use mediation first to resolve disputes. “Mediate First: Moving Forward” was the theme of the fourth such event which consisted of a half-day seminar and reception held at the Hong Kong Convention and Exhibition Centre on 13 June. More than 520 people participated.

The Registrar of the High Court Lung Kim-wan’s opening speech was followed by a lively demonstration of how facilitative and evaluative modes of mediation could be used in resolving a trade mark registration dispute. Participants were then able to attend a panel on commercial dispute mediation or on community dispute mediation.

In his welcoming remarks, the Secretary for Justice highlighted DOJ’s ongoing support and active promotion of mediation. This extended to the provision of mediation facilities adjacent to the new West Kowloon Law Courts Building for a pilot mediation scheme to be run next year for suitable Small Claims Tribunal cases and other disputes. The Honourable Mr Justice Lam VP in his keynote speech also emphasized the benefits of using mediation in terms of it being time-saving and economical.

The reception was attended by representatives of international enterprises (such as Microsoft, IBM and Google), conglomerates (such as Sunwah Group and Yue Xiu Enterprises (Holdings) Limited), listed companies (such as Hutchison and China Mobile), public bodies (such as the Hospital Authority and Po Leung Kuk), private companies, chambers of commerce, other business associations, professional bodies, and legal and mediation professionals.

The Mediate First Pledge Logo and Star Logo Award Scheme was launched at the reception. Under the scheme, those who pledge to “Mediate First” may display the Logo at their premises and on their letterhead and publicity material. Pledgees who actively promote and support the use of mediation to resolve disputes would become eligible to be awarded a Star Logo. The logo designs were the winning entries from more than 250 secondary school student entries in a competition organized by DOJ. This event attracted more than 100 new pledgees with about 70 of them signing their pledges on stage during the reception.

Secretary for Justice Rimsky Yuen SC, Hon Mr Justice Lam VP and new Mediate First pledgees

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DOJ Newsletter 2017 Issue 2STAFF NEWS

A DAY IN THE LIFE OF PAUL TSANG,LAW OFFICER (INTERNATIONAL LAW)

My Division has three important roles: providing legal advice on public international law to the Government, negotiating international agreements or providing legal advisers for such negotiation, and handling requests for legal cooperation between the Hong Kong SAR and other jurisdictions. As I am involved in all of these roles, the matters that land on my desk vary considerably and cover a wide range of fields. They include international trade law, sovereign and diplomatic/consular immunity, human rights, compliance with the United Nations Security Council resolutions, investor protection, and different forms of legal cooperation with other jurisdictions such as surrender of fugitive offenders and mutual legal assistance in criminal matters. For this reason, I do not seem to have a “typical” workday.

My work has been made possible thanks to the invaluable assistance of my two deputies, Wayne Walsh SC (and following his retirement in July 2017, Linda Lam) and Dr James Ding. They are respectively in charge of the Mutual Legal Assistance Unit and the Treaties and Law Unit, overseeing a team of able and dedicated counsel shouldering the day-to-day work within their portfolio with the assistance of our professional supporting staff.

In terms of my daily office routine, it basically involves dealing with incoming correspondence

and telephone calls, writing and clearing advice, reviewing and approving draft documents and actions to be taken in on-going cases, discussing “quick questions” raised by colleagues, and sorting out administrative matters.

While I spend a good deal of my time at the computer, my job does require some travel (for example for attending meetings and conferences) though it is far less frequent as compared with the days when I headed the Treaties and Law Unit. Then, heavy treaty negotiation work at times resulted in hectic overseas travel, which did however have the upside of bringing me to many beautiful and memorable cities.

I thoroughly enjoy my work and find it very rewarding. It is not only because I have the opportunity of learning something new almost every workday, but also because I have the honour and privilege of working together with my team to provide legal support to the HKSAR’s external affairs under the unique and creative principle of “one country, two systems”. That the HKSAR needs to maintain vibrant and close connections with the international community as authorized by the Basic Law is obviously very important to its status as an international financial and commercial centre, as well as a hub for logistical and many other activities.

Paul Tsang joined the Department in 1998and was appointed as LO(IL) with effect from 17 October 2016

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DOJ Newsletter 2017 Issue 2STAFF NEWS

Q & A Government Counsel

Heidi Lee is a Government Counsel in the Legal Policy Division and began with DOJ in October 2013. She is pictured with her baby, Hayley, on holiday earlier this year in Japan.

What inspires you most about your work?My colleagues.

How do you like to relax? Spending time with my family.

If you could time travel, when and where would you go?No need to go anywhere, because the present is a present.

What do you consider is the best advice you’ve ever been given?My supervisor always advises me to treasure and appreciate the time and health we have now.

What is your most treasured possession? My two children.

REBECCA DRAKE HONOURED BY GOVERNMENT OF FRANCE

Rebecca Drake, former SGC of the International Law Division, was awarded the Chevalier de l’Ordre National du Mérite (Knight of the National Order of Merit) by the Government of France in recognition of her outstanding service to France in the course of her work with the Mutual Legal Assistance Unit (MLAU).

At a presentation ceremony on 28 June held in the residence of Eric Berti, the Consul General of France in Hong Kong and Macau, Ms Drake was joined by family, friends and DOJ counsel to celebrate her remarkable achievement. She responded to the award saying “I am deeply honored and grateful to the Government of France for this prestigious award. I don’t know whether I was more delighted or surprised when I heard the news.” Ms Drake also acknowledged her former DOJ colleagues: “To borrow an expression my father used: ‘This is a team game’. I couldn't have done it without the support, help and friendship of all my MLAU colleagues and would particularly like to thank Wayne Walsh and Susana Sit.”

Ms Drake joined the DOJ in 1989 and served in the MLAU from 1998 to December 2016, where she was responsible for handling mutual legal assistance cases, many of which involved French citizens or companies. The honour from the President of France is high recognition of Ms Drake’s career at the DOJ and the important work of international legal cooperation.

Ian Li is a Government Counsel in the International Law Division (Treaties & Law) and joined the Department in March 2014. He is pictured on holiday in Berlin.

What inspires you most about your work?The fact that I play a role in ensuring that Hong Kong’s international commitments are upheld.

How do you like to relax? By sleeping.

If you could time travel, when and where would you go?I would go 100 years into the future to see if humanity has colonized the Moon/Mars/Outer Space yet.

What do you consider is the best advice you’ve ever been given?The KISS principle is always solid advice. Keep It Simple, Stupid.

What is your most treasured possession? At the office? My secret stash of snacks.

DOJ colleagues and friends at the presentation ceremony with Rebecca Drake (at the centre, in

blue dress)

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DOJ Newsletter 2017 Issue 2STAFF NEWS

MEETING NEW COLLEAGUES

2016 saw the largest ever intake of Government Counsel and Legal Trainees to DOJ. To welcome some 50 new colleagues, a tea gathering was organized in Justice Place with the Law Officers and Director of Administration and Development. The lively occasion was a valuable time for the new colleagues to mingle and connect at the start of their legal careers at the Department.

DRAGON OF JUSTICE

The Department’s dragon boat team, “Dragon of Justice”, achieved its best results in decades in the 2017 Dragon Boat season competitions. The Dragon of Justice competed in the Stanley International Dragon Boat Championships during the Tuen Ng Festival at the end of May and the Legal Professional Cup held on 3 June.

Our energetic and high-spirited team paddled into the Gold Cup Division for the first time and was placed fifth out of 14 teams in the Legal Professional Cup. A big congratulations to our team and sincere thanks to all their sponsors, supporters and colleagues, including the Solicitor General Wesley Wong SC, who braved the heat and crowds to cheer for them!

STAFF CLUB SPRING DINNER

Over 200 colleagues and friends joined the DOJ Staff Club Spring Dinner on 24 February. During the dinner, 16 colleagues received Long and Meritorious Service Certificates from the Secretary for Justice in appreciation of their committed service to the Government.

NEW VIDEO FORLEGAL TRAINEES

A new video promoting the job of Legal Trainees was launched in March. The video provides a glimpse into the rewarding work of Legal Trainees and the excellent training opportunities they receive at the Department. It aims to show law graduates that the training and work exposure provided are unique and should not be missed. The video features Legal Trainees Salvador Tsang and Crystal Chan, as well as cameo appearances by other current and former trainees. You can see the video at http://www.youth.gov.hk/.

DOJ Newsletter 2017 Issue 2USEFUL INFORMATION

NOTABLE JUDICIAL DECISIONS INVOLVING THE GOVERNMENTListed below are notable judicial decisions from January to June 2017 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/2017/newsletter02_e.pdf

Case Number(Date of Decision or Reasons for Decision)

Case Name(Subject Matter Involved)

CRIMINAL CASES

1. FACC 12 - 15/201614 Jun 2017

HKSAR v. HUI RAFAEL JUNIOR also known as HUI SI YAN RAFAELHKSAR v. KWAN FRANCIS HUNG SANG also known as KWAN FRANCISHKSAR v. KWOK PING KWONG THOMASHKSAR v. CHAN KUI YUEN also known as THOMAS CHAN(Misconduct in public office)

2. HCMA 49/201602 Jun 2017

HKSAR v. 梁竣傑(Prosecution’s closing speech in magistrates court; Use of personal data)

3. HCMA 685/2013 & 425/201415 May 2017

HKSAR v. HARJANI, KISHORE MOHANLALHKSAR v. MARK RICHARD CHARLTON SUTHERLAND(Wasted costs against counsel)

4. CACC 48/201516 Mar 2017

HKSAR v. WUN SHU FAI(Duty of disclosure)

5. FACC 17/201614 Mar 2017

HKSAR v. NGUYEN ANH NGA(Direction on inferential reasoning)

6. FACC 11 & 18/201614 Mar 2017

SECRETARY FOR JUSTICE v. CHAN CHI WAN STEPHENSECRETARY FOR JUSTICE v. TSENG PEI KUN(Bribery)

7. FACC 10/201616 Feb 2017

HKSAR v. ZHOU LIMEI(Equivocal statement)

8. FACC 9/201607 Feb 2017

HKSAR v. LIANG YAOQIANG(Provocation)

9. HCMA 624/201526 Jan 2017

HKSAR v. HONG KONG BROADBAND NETWORK LIMITED(Use of personal data)

CIVIL CASES

1. HCMP 2079/201616 Jun 2017

RE "A"(Application for admission as a barrister)

JUDICIAL REVIEW CASES

1. HCAL 201/201610 May 2017

KWOK CHEUK KIN v. LEUNG CHUN YING(Validity of the oath taken by the Chief Executive - Article 104 of the Basic Law and the Oaths and Declarations Ordinance, Cap. 11)

2. HCAL 258/201528 Apr 2017

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

3. FACV 8/201616 Feb 2017

NAM SANG WAI DEVELOPMENT CO LTD AND ANOTHER v. TOWN PLANNING BOARD (Town Planning Appeal - Jurisdiction of Review)

4. CACV 184/201516 Feb 2017

DESIGNING HONG KONG LTD v. THE TOWN PLANNING BOARD(Protective costs order)

5. HCAL 109/201417 Jan 2017

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)

2. HCCT 23/201508 Jun 2017

TNB FUEL SERVICES SDN BHD v. CHINA NATIONAL COAL GROUP CORPORATION( C r o w n i m m u n i t y - state - o w n e d enterprise)

3. FACV 10/201629 May 2017

SAM WOO MARINE WORKS LIMITED v. THE INCORPORATED OWNERS OF PO HANG BUILDING(Constitutionality of s.63B of District Court Ordinance, Cap. 336)

4. HCB 5227/200612 May 2017

RE CHANG HYUN CHI(Constitutionality of s.27 & s.29 of Bankruptcy Ordinance, Cap. 6)

5. CACV 180/201625 Apr 2017

LO KWOK KUEN DANWAY v. SECRETARY FOR JUSTICE for and on behalf of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION(Construction of Pension Benefits Ordinance, Cap. 99)

6. FACV 7/201617 Mar 2017

CLP POWER HONG KONG LTD v. CO M M I S S I O N E R O F R AT I N G A N D VALUATION(Assessment of rates - rateable tenement)

Department of Justice

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: http://www.doj.gov.hk/

Published November 2017