| Secretary for Justice of the Hong Kong Special Administrative Region | |
|---|---|
| 律政司司長 | |
| Style | The Honourable |
| Member of | Government Secretariat Executive Council |
| Reports to | Legislative Council |
| Residence | 19 Severn Road,The Peak |
| Appointer | Central People's Government nomination byChief Executive |
| Term length | No longer than the Chief Executive's remaining term |
| Inaugural holder | Elsie Leung |
| Formation | 1 July 1997 |
| Salary | HK$4.2 million p.a.[1] |
| Website | DOJ |
| Secretary for Justice | |||||||||||
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| Traditional Chinese | 律政司司長 | ||||||||||
| Simplified Chinese | 律政司司长 | ||||||||||
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| Politics andgovernment ofHong Kong |
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Court of Final Appeal
Special courts and tribunals: |
Chief Executive Elections |
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Thesecretary for justice (Chinese:律政司司長) is the head of theHong Kong Department of Justice, the chief legal advisor to thechief executive of Hong Kong and the government, and the chief law enforcement officer of theGovernment of Hong Kong.[2] Before thetransfer of sovereignty over Hong Kong in 1997, the position was known as theAttorney-General ofHong Kong.
Like all other principal officials, the secretary for justice is appointed by theCentral Government on the nomination of the Chief Executive, and is an official member of theExecutive Council. The position is normally held by alegal professional, and was before July 2002 a civil service position. The secretary for justice, after thechief secretary and thefinancial secretary, is the third highest rankingprincipal official of the Government.
The current secretary for justice isPaul Lam,GBS,SC,JP.
Before the1997 handover to China, the position was known as theattorney general (Chinese:律政司), and the department was known as theLegal Department (Chinese:律政署) and was also known as theAttorney General's Chambers (Chinese:律政司署). The attorney general was appointed by the secretary of state in charge of colonial affairs (first thesecretary of state for the colonies, later theforeign secretary) in consultation with theGovernor.[3]
The office of the attorney general was never localized during British rule and no Hong Kong Chinese ever held this key post.
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 thePrincipal Officials Accountability System in 2002, the position has been filled by political appointees instead of civil servants.
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 ultimateprosecutorial discretion.[4] However, this discretion is typically exercised by theDirector of Public Prosecutions on behalf of the secretary for justice.[5]
The secretary for justice represents the government in allcivil lawsuits against it, and as guardian of the public interest, may intervene in any case and bring applications forjudicial 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 theLaw Reform Commission, Vice-Chairman of the Fight Crime Committee, and serves a member on the Chief Secretary for Administration’s Policy Committee, theJudicial Officers Recommendation Commission and theIndependent Commission Against Corruption’s Operations Review Committee.
The secretary for justice ranks fifth in theHong Kong order of precedence.
In the course of discharging his or her duties as the chief legal advisor to the government, the secretary for justice is assisted by sixlaw officers, namely:
(The Administration and Development Division is headed by anAdministrative Officer.)
The secretary for justice has an official residence at19 Severn Road,The Peak. The residence was opened in 1934 for the use of the then attorney general of Hong Kong.
| No.[6] | Portrait | Name | Took office | Left office | Notes | Ref |
|---|---|---|---|---|---|---|
| 1 | Paul Ivy Sterling | 28 July 1844 | 15 April 1855 | First Attorney General (AG) of Hong Kong. Later appointedPuisne Judge inCeylon 1855 and acting Chief Justice 1860. | ||
| 2 | Thomas Chisholm Anstey | 30 January 1855 | 30 January 1859 | Former member of British Parliament 1847-1852. Practiced atBombay bar after retirement. | ||
| 3 | William Adams | 7 September 1859 | 24 August 1860 | Did not act as AG and was appointed acting Chief Justice immediately on arrival in Hong Kong and then appointed asChief Justice of Hong Kong. | ||
| 4 | SirJohn Smale | 22 April 1861 | 23 October 1866 | AppointedChief Justice of Hong Kong 1866 | ||
| 5 | SirJulian Pauncefote | 1866 | 1873 | Appointed Chief Justice of theLeeward Islands 1874. Later had a very illustrious career in theForeign Office. Became Lord Pauncefote in 1899. | ||
| 6 | SirJohn Bramston | 1873 | 1876 | Appointed Assistant Under Secretary of State in theColonial Office 1876. | ||
| 7 | SirGeorge Phillippo | 1876 | 1879 | First non-British-born AG, Phillippo was born inJamaica. He left to become Chief Justice ofGibraltar 1879 to 1882 and returned to appointedChief Justice of Hong Kong 1882. In 1897 he became British High Consul inGeneva, Switzerland. | ||
| 8 | SirEdward O'Malley | 1880 | 1889 | Appointed Chief Justice of theStraits Settlements 1889 and Chief Justice ofBritish Guiana 1895. | ||
| 9 | SirW. Meigh Goodman,QC/KC | 1890 | 1902 | AppointedChief Justice of Hong Kong 1902. | ||
| 10 | Sir Henry Spencer Berkeley,KC | 2 May 1902[7] | 29 July 1907 | Previously Chief Justice of Fiji 1889-1902. Retired to practice at Hong Kong bar 1906, but acted as AG in 1909. | ||
| 11 | Sir William Rees-Davies,KC | 1907 | 1912 | AppointedChief Justice of Hong Kong 1912. | ||
| 12 | SirJohn Bucknill,KC | 1912 | 1914 | Appointed Chief Justice of theStraits Settlements 1914 andPuisne Judge of thePatna High Court inPatna, British India 1920. | ||
| 13 | SirJoseph Kemp,KC | 1914 | 1930 | Puisne Judge, Hong Kong, prior to appointment 1913-1914. Next appointedChief Justice of Hong Kong 1930. | ||
| 14 | SirC. Grenville Alabaster,KC | 1930 | 1941 | Interned inStanley Internment Camp duringWorld War II and retired after the war. | ||
| British administration suspended during Japanese occupation duringWorld War II. Military Government from August 1945 to March 1946. | ||||||
| 15 | John Bowes Griffin,KC | 1 December 1946 | 12 May 1952 | Appointed 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. | ||
| 16 | Arthur Ridehalgh,KC/QC | 22 August 1952 | 26 November 1961 | Last AG to be aKC. Retired on a pension. | [8] | |
| 17 | Maurice Heenan,QC | 4 December 1961 | 2 September 1966 | Non-British-born (born in New Zealand). Crown Counsel prior to appointment. Resigned to joinUnited 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. | [9][10] | |
| 18 | Denys Roberts,QC | 3 September 1966 | 29 September 1973 | AppointedColonial/Chief Secretary (1973-1979) and thenChief Justice of Hong Kong. Retired on a pension. | [10][11] | |
| 19 | John Hobley,QC | 30 September 1973 | 3 June 1979 | Served 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. | [11][12] | |
| 20 | John Griffiths,QC | 4 June 1979 | 10 June 1983 | Last non-British-born AG - born inPersia (nowIran). Entered private practice at the English and Hong Kong bars after retirement until 2012. | [12][13] | |
| 21 | Michael Thomas,QC | 11 June 1983 | 30 March 1988 | LastQC to be AG. Entered private practice at Hong Kong and English bars after retirement. | [13][14] | |
| 22 | Jeremy Mathews | 1 April 1988 | 30 June 1997 | First solicitor to be appointed AG. Last AG. Retired at end of British rule in Hong Kong. | [14] | |
Political party: Nonpartisan
| No. | Portrait | Name | Term of office | Duration | Chief Executive | Term | Ref | |
|---|---|---|---|---|---|---|---|---|
| 1 | Elsie Leung Oi-sie 梁愛詩 | 1 July 1997 | 20 October 2005 | 8 years and 112 days | Tung Chee-hwa (1997–2005) | 1 | ||
| 2 | ||||||||
| Donald Tsang (2005–2012) | 2 | |||||||
| 2 | Wong Yan-lung,SC 黃仁龍 | 20 October 2005 | 30 June 2012 | 6 years and 255 days | ||||
| 3 | ||||||||
| 3 | Rimsky Yuen Kwok-keung,SC 袁國強 | 1 July 2012 | 5 January 2018 | 5 years and 189 days | Leung Chun-ying (2012–2017) | 4 | ||
| Carrie Lam (2017–2022) | 5 | |||||||
| 4 | Teresa Cheng Yeuk-wah,SC 鄭若驊 | 6 January 2018 | 30 June 2022 | 4 years, 176 days | ||||
| 5 | Paul Lam Ting-kwok,SC 林定國 | 1 July 2022 | Incumbent | 3 years and 142 days | John Lee (2022–present) | 6 | ||
Political party: Nonpartisan
| No. | Portrait | Name | Term of office | Duration | Chief Executive | Term | Ref | |
|---|---|---|---|---|---|---|---|---|
| 1 | Horace Cheung Kwok-kwan 張國鈞 | 1 July 2022 | Incumbent | 3 years and 142 days | John Lee (2022–present) | 6 | ||