The Secretary for Justice () is the head of the
Hong Kong Department of Justice, the chief legal advisor to the
Chief Executive of Hong Kong
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
, and the chief law enforcement officer of the
Government of Hong Kong. Before the
Transfer of the Sovereignty in 1997, the position was known as the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
of
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
.
The Secretary for Justice, nominated by the
Chinese government
The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, m ...
on the advice of the
Chief Executive of Hong Kong
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
, is an ''ex officio'' member of the
Executive Council of Hong Kong
The Executive Council of Hong Kong (ExCo) is the cabinet of the Government of Hong Kong, acting as a formal body of advisers to the Chief Executive of Hong Kong that serves as a core policy-making organ assisting the Chief Executive. It is ...
. The Secretary takes office after appointment by the
Government of the People's Republic of China
The Government of the People's Republic of China () is an authoritarian political system in the People's Republic of China under the exclusive political leadership of the Chinese Communist Party (CCP). It consists of legislative, executive, mili ...
, which is responsible for Hong Kong's
foreign affairs and
defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indus ...
. The Secretary for Justice also belongs to the Policy Committee, which is chaired by the Chief Secretary,
The Office of the Secretary for Justice was established by the
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 ...
, which guarantees the power of the Department of Justice to control criminal prosecutions free from any interference.
[Article 63, Hong Kong Basic Law] 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 one of the three highest
Principal Officials of the Government.
The current Secretary for Justice is
Paul Lam
Paul Lam Ting-kwok (; born 1968) is a Hong Kong Senior Counsel who is the current Secretary for Justice.
Education
Lam was educated at Wah Yan College, Hong Kong. He obtained a Bachelor of Laws (with Second Class Honour Division One) in 1 ...
,
SBS,
SC,
JP.
Role
In the course of discharging his or her duties as the chief legal advisor to the Chief Executive of Hong Kong, the Secretary for Justice is assisted by five law officers, namely:
* the
Solicitor General who heads the Legal Policy Division,
* the
Director of Public Prosecutions who head the
Prosecutions Division,
* the
Law Officer (Civil Law) who heads the Civil Law Division,
* the
Law Officer (International Law) who heads the International Law Division, and
* the
Law Draftsman who heads the Law Drafting Division
(The Administration and Development Division is headed by an Administrative Officer.)
Ranking in the Hong Kong Government
The Secretary for Justice is the third in line, after the Chief Secretary and the Financial Secretary, to act for the Chief Executive when he or she is on leave, outside Hong Kong, or when the position is otherwise temporarily vacant.
The Secretary for Justice ranks fifth in the
Hong Kong order of precedence
The Hong Kong order of precedence is a nominal and symbolic hierarchy of important positions within the Government of Hong Kong. Administered by the government's Protocol Division, the hierarchy does not determine the order of succession for the o ...
.
Residence
The Secretary for Justice has an official residence at 19 Severn Road, The Peak. Opened in 1934 for use by Attorney General Hong Kong.
Pre-1997 position
Before the
1997 handover to China, the position was known as the
Attorney General (), and the department was known as the
Legal Department () and was also known as the Attorney General's Chambers (). The office of the Attorney General was never localized during British rule and no Hong Kong Chinese ever held this key post.
List of Secretaries/Attorneys General
Attorneys General, 1844–1997
Secretaries for Justice, 1997–present
Political party:
See also
*
Attorney general
*
Justice minister
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
*
Minister of Justice (France)
The Minister of Justice (french: Ministre de la Justice), also known as the Minister of Justice, Keeper of the Seals (''Ministre de la Justice, garde des Sceaux''), is a cabinet position in the Government of France. The current Minister of Justi ...
, who performs similar functions to his or her
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
counterpart
References
{{Secretary for Justice (Hong Kong)
Justice, Secretary for
Prosecution
Legal professions
Justice ministers