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Secretary for Justice

Chief legal advisor of the Hong Kong chief executive From Wikipedia, the free encyclopedia

Secretary for Justice
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The secretary for justice (Chinese: 律政司司長) is the head of the Hong Kong Department of Justice, the chief legal advisor to the chief executive of Hong Kong and the government, and the chief law enforcement officer of the Government of Hong Kong.[2] Before the transfer of sovereignty over Hong Kong in 1997, the position was known as the Attorney-General of Hong Kong.

Quick Facts Secretary for Justice of the Hong Kong SpecialAdministrative Region, Style ...
Quick Facts Traditional Chinese, Simplified Chinese ...

Like all other principal officials, the secretary for justice is appointed by the Central Government on the nomination of the Chief Executive, and is an official member of the Executive Council. The position is normally held by a legal professional, and was before July 2002 a civil service position. The secretary for justice, after the chief secretary and the financial secretary, is the third highest ranking principal official of the Government.

The current secretary for justice is Paul Lam, GBS, SC, JP.

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History

Before 1997

Before the 1997 handover to China, the position was known as the attorney general (Chinese: 律政司), and the department was known as the Legal Department (Chinese: 律政署) and was also known as the Attorney General's Chambers (Chinese: 律政司署). The attorney general was appointed by the secretary of state in charge of colonial affairs (first the secretary of state for the colonies, later the foreign secretary) in consultation with the Governor.[3]

The office of the attorney general was never localized during British rule and no Hong Kong Chinese ever held this key post.

After 1997

The position was renamed as the secretary for justice upon the transfer of sovereignty from the United Kingdom to China. Upon her appointment on 1 July 1997, Elsie Leung became the first woman and first Hong Kong Chinese to hold the post. She was also the second solicitor to serve in the role.

With the introduction of the Principal Officials Accountability System in 2002, the position has been filled by political appointees instead of civil servants.

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Role and duties

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Constitutional and statutory duties

Article 63 of the Basic Law empowers the Department of Justice to control all prosecutions, free from interference. As the head of the Department of Justice, the secretary of justice is required to discharge this constitutional duty independently, and has ultimate prosecutorial discretion.[4] However, this discretion is typically exercised by the Director of Public Prosecutions on behalf of the secretary for justice.[5]

The secretary for justice represents the government in all civil lawsuits against it, and as guardian of the public interest, may intervene in any case and bring applications for judicial review to enforce the public interest.

Under Article 53 of the Basic Law, the secretary for justice is the third in line, after the chief secretary and the financial secretary, to act as chief executive when he or she is on leave, outside Hong Kong, or when the position is otherwise temporarily vacant.

The secretary for justice also has a number of ex-officio roles, including being the Chairman of the Law Reform Commission, Vice-Chairman of the Fight Crime Committee, and serves a member on the Chief Secretary for Administration’s Policy Committee, the Judicial Officers Recommendation Commission and the Independent Commission Against Corruption’s Operations Review Committee.

The secretary for justice ranks fifth in the Hong Kong order of precedence.

Deputies

In the course of discharging his or her duties as the chief legal advisor to the government, the secretary for justice is assisted by five law officers, namely:

(The Administration and Development Division is headed by an Administrative Officer.)

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Official residence

The secretary for justice has an official residence at 19 Severn Road, The Peak. The residence was opened in 1934 for the use of the then attorney general of Hong Kong.

List of secretaries and attorneys general

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Attorneys general, 1844–1997

More information No., Portrait ...

Secretaries for justice, 1997–present

Political party:   Nonpartisan

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Deputy secretaries for justice, 2022–present

Political party:   Nonpartisan

More information No., Portrait ...
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See also

References

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