Secretary for Justice (Hong Kong) explained

Post:Secretary for Justice
Body:the
Hong Kong Special
Administrative Region
Insignia:Regional Emblem of Hong Kong.svg
Insigniasize:100px
Insigniacaption:Emblem of Hong Kong
Incumbent:The Hon Paul Lam, SBS, SC, JP
Incumbentsince:1 July 2022
Style:The Honourable
Member Of:Government Secretariat
Executive Council
Reports To:Legislative Council
Residence:19 Severn Road, The Peak
Appointer:Central People's Government
Appointer Qualified:nomination by Chief Executive
Termlength:No longer than the Chief Executive's remaining term
Formation:1 July 1997
Inaugural:Elsie Leung
Website:DOJ
Salary:HK$4.2 million p.a.[1]
Native Name:Chinese: 律政司司長

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, and the chief law enforcement officer of the Government of Hong Kong. Before the transfer of sovereignty over Hong Kong in 1997, the position was known as the Attorney-General of Hong Kong.

The Secretary for Justice, nominated by the Chinese government on the advice of the Chief Executive of Hong Kong, is an ex officio member of the Executive Council of Hong Kong. The Secretary takes office after appointment by the Government of the People's Republic of China, which is responsible for Hong Kong's foreign affairs and defence. 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,[2] which guarantees the power of the Department of Justice to control criminal prosecutions free from any interference.[3] 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, 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 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.

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 and attorneys general

Attorneys General, 1844–1997

width=10pxwidth=80pxPortraitwidth=180pxNamewidth=150pxTook officewidth=150pxLeft officewidth=400pxNoteswidth=50pxRef
1Paul Ivy Sterling18441855First Attorney General (AG) of Hong Kong. Later appointed Puisne Judge in Ceylon 1855 and acting Chief Justice 1860.
2Thomas Chisholm Anstey18551859Former member of British Parliament 1847-1852. Practiced at Bombay bar after retirement.
3William Adams18591860Did not act as AG and was appointed acting Chief Justice immediately on arrival in Hong Kong and then appointed as Chief Justice of Hong Kong.
4Sir John Smale18601866Appointed Chief Justice of Hong Kong 1866
5Sir Julian Pauncefote18661873Appointed Chief Justice of the Leeward Islands 1874. Later had a very illustrious career in the Foreign Office. Became Lord Pauncefote in 1899.
6Sir John Bramston18731876Appointed Assistant Under Secretary of State in the Colonial Office 1876.
7Sir George Phillippo18761879First non-British-born AG, Phillippo was born in Jamaica. He left to become Chief Justice of Gibraltar 1879 to 1882 and returned to appointed Chief Justice of Hong Kong 1882. In 1897 he became British High Consul in Geneva, Switzerland.
8Sir Edward O'Malley18801889Appointed Chief Justice of the Straits Settlements 1889 and Chief Justice of British Guiana 1895.
9Sir W. Meigh Goodman, QC/KC18901902Appointed Chief Justice of Hong Kong 1902.
10Sir Henry Spencer Berkeley, KC19021906Previously Chief Justice of Fiji 1889-1902. Retired to practice at Hong Kong bar 1906, but acted as AG in 1909.
11Sir William Rees-Davies, KC19071912Appointed Chief Justice of Hong Kong 1912.
12Sir John Bucknill, KC19121914Appointed Chief Justice of the Straits Settlements 1914 and Puisne Judge of the Patna High Court in Patna, British India 1920.
1319141930Puisne Judge, Hong Kong, prior to appointment 1913-1914. Next appointed Chief Justice of Hong Kong 1930.
1419301941Interned in Stanley Internment Camp during World War II and retired after the war.
British administration suspended during Japanese occupation during World War II. Military Government from August 1945 to March 1946.
1519461951Appointed in December 1946. G.E. Strickland, acted as AG before Bowes Griffin's appointment. Bowes Griffin was next appointed Chief Justice of Uganda 1952. Was acting Chief Justice of Northern Rhodesia 1957, Speaker of the Legislative Council in Uganda 1958-1962 and Speaker of the Ugandan National Assembly 1962-1963.
16Arthur Ridehalgh, KC/QC195226 November 1961Last AG to be a KC. Retired on a pension.[4]
17Maurice Heenan, QC4 December 19612 September 1966Non-British-born (born in New Zealand). Crown Counsel prior to appointment. Resigned to join United Nations as Deputy Director of the General Legal Division 1966-1973, then as General Counsel for the United Nations Relief and Works Agency (UNRWA) for Palestinian Refugees in Beirut 1973-1977. Died in the United States.[5] [6]
18Denys Roberts, QC3 September 196629 September 1973Appointed Colonial/Chief Secretary (1973-1979) and then Chief Justice of Hong Kong. Retired on a pension.[7]
19John Hobley, QC30 September 19733 June 1979Served as Crown Counsel in Hong Kong 1953-1973, briefly as Attorney General of Bermuda 1972-1973 and Solicitor General of Hong Kong 1973. Retired on a pension in 1979.[8]
204 June 197910 June 1983Last non-British-born AG - born in Persia (now Iran). Entered private practice at the English and Hong Kong bars after retirement until 2012.[9]
2111 June 198330 March 1988Last QC to be AG. Entered private practice at Hong Kong and English bars after retirement.[10]
221 April 198830 June 1997First solicitor to be appointed AG. Last AG. Retired at end of British rule in Hong Kong.

Secretaries for Justice, 1997–present

Political party:

width=10pxwidth=80pxPortraitwidth=190pxNamewidth=180px colspan=2Term of officewidth=80px Durationwidth=120pxChief ExecutiveTermRef
1 Elsie Leung Oi-sie
梁愛詩
1 July 199720 October 2005Tung Chee-hwa
1
2
Donald Tsang
align=center rowspan=2 2
2 Wong Yan-lung, SC
黃仁龍
20 October 200530 June 2012
3
3 Rimsky Yuen Kwok-keung, SC
袁國強
1 July 20125 January 2018Leung Chun-ying
4
Carrie Lam
5
4 Teresa Cheng Yeuk-wah, SC
鄭若驊
6 January 201830 June 2022
5 Paul Lam Ting-kwok, SC
林定國
1 July 2022IncumbentJohn Lee
6

Deputy Secretaries for Justice, 2022–present

Political party:

width=10pxwidth=80pxPortraitwidth=190pxNamewidth=180px colspan=2Term of officewidth=80px Durationwidth=120pxChief ExecutiveTermRef
1 Horace Cheung Kwok-kwan
張國鈞
1 July 2022IncumbentJohn Lee
6

See also

Notes and References

  1. Web site: Remuneration package for Politically Appointed Officials serving in fifth-term HKSAR Government. Hong Kong Government.
  2. Article 53, Hong Kong Basic Law
  3. Article 63, Hong Kong Basic Law
  4. G.N. 2093 of 1961 . . 1 December 1961 . 103 . 3108.
  5. G.N. 586 of 1962 . . 23 March 1962 . 104 . 1116.
  6. G.N. 2282 of 1966 . . 9 September 1966 . 108 . 2240.
  7. G.N. 2559 of 1973 . . 5 October 1973 . 115 . 3839.
  8. G.N. 1384 of 1979 . . 8 June 1979 . 121 . 1681.
  9. G.N. 1773 of 1983 . . 10 August 1983 . 125 . 2825.
  10. G.N. 1082 of 1988 . . 10 August 1988 . 130 . 1521.