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Secretary for Justice

From Wikipedia, the free encyclopedia
(Redirected fromSecretary for Justice (Hong Kong))
Chief legal adviser to the government of Hong Kong

For the pre-1999 public office in Macau, seeSecretary for Justice (Macau).
Secretary for Justice of the
Hong Kong Special
Administrative Region
律政司司長
Incumbent
The HonPaul Lam,GBS,SC,JP
since 1 July 2022
StyleThe Honourable
Member ofGovernment Secretariat
Executive Council
Reports toLegislative Council
Residence19 Severn Road,The Peak
AppointerCentral People's Government
nomination byChief Executive
Term lengthNo longer than the Chief Executive's remaining term
Inaugural holderElsie Leung
Formation1 July 1997
SalaryHK$4.2 million p.a.[1]
WebsiteDOJ
Secretary for Justice
Traditional Chinese律政司司長
Simplified Chinese律政司司长
Transcriptions
Standard Mandarin
Hanyu PinyinLǜ​zhèngsī Sī​zhǎng
Yue: Cantonese
Jyutpingleot6 zing3 si1 si1 zoeng2
Politics andgovernment
ofHong Kong
  • University Grants Committee Secretariat
  • Working Family and Student Financial Assistance Agency
Related topicsflagHong Kong portal

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.

History

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Before 1997

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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.

After 1997

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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.

Role and duties

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Constitutional and statutory duties

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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.

Deputies

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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.)

Official residence

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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.

List of secretaries and attorneys general

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Attorneys general, 1844–1997

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No.[6]PortraitNameTook officeLeft officeNotesRef
1Paul Ivy Sterling28 July 184415 April 1855First Attorney General (AG) of Hong Kong. Later appointedPuisne Judge inCeylon 1855 and acting Chief Justice 1860.
2Thomas Chisholm Anstey30 January 185530 January 1859Former member of British Parliament 1847-1852. Practiced atBombay bar after retirement.
3William Adams7 September 185924 August 1860Did not act as AG and was appointed acting Chief Justice immediately on arrival in Hong Kong and then appointed asChief Justice of Hong Kong.
4SirJohn Smale22 April 186123 October 1866AppointedChief Justice of Hong Kong 1866
5SirJulian Pauncefote18661873Appointed Chief Justice of theLeeward Islands 1874. Later had a very illustrious career in theForeign Office. Became Lord Pauncefote in 1899.
6SirJohn Bramston18731876Appointed Assistant Under Secretary of State in theColonial Office 1876.
7SirGeorge Phillippo18761879First 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.
8SirEdward O'Malley18801889Appointed Chief Justice of theStraits Settlements 1889 and Chief Justice ofBritish Guiana 1895.
9SirW. Meigh Goodman,QC/KC18901902AppointedChief Justice of Hong Kong 1902.
10Sir Henry Spencer Berkeley,KC2 May 1902[7]29 July 1907Previously Chief Justice of Fiji 1889-1902. Retired to practice at Hong Kong bar 1906, but acted as AG in 1909.
11Sir William Rees-Davies,KC19071912AppointedChief Justice of Hong Kong 1912.
12SirJohn Bucknill,KC19121914Appointed Chief Justice of theStraits Settlements 1914 andPuisne Judge of thePatna High Court inPatna, British India 1920.
13SirJoseph Kemp,KC19141930Puisne Judge, Hong Kong, prior to appointment 1913-1914. Next appointedChief Justice of Hong Kong 1930.
14SirC. Grenville Alabaster,KC19301941Interned 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.
15John Bowes Griffin,KC1 December 194612 May 1952Appointed 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/QC22 August 195226 November 1961Last AG to be aKC. Retired on a pension.[8]
17Maurice Heenan,QC4 December 19612 September 1966Non-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]
18Denys Roberts,QC3 September 196629 September 1973AppointedColonial/Chief Secretary (1973-1979) and thenChief Justice of Hong Kong. Retired on a pension.[10][11]
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.[11][12]
20John Griffiths,QC4 June 197910 June 1983Last non-British-born AG - born inPersia (nowIran). Entered private practice at the English and Hong Kong bars after retirement until 2012.[12][13]
21Michael Thomas,QC11 June 198330 March 1988LastQC to be AG. Entered private practice at Hong Kong and English bars after retirement.[13][14]
22Jeremy Mathews1 April 198830 June 1997First solicitor to be appointed AG. Last AG. Retired at end of British rule in Hong Kong.[14]

Secretaries for justice, 1997–present

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Political party:  Nonpartisan

No.PortraitNameTerm of officeDurationChief ExecutiveTermRef
1Elsie Leung Oi-sie
梁愛詩
1 July 199720 October 20058 years and 112 daysTung Chee-hwa
(1997–2005)
1
2
Donald Tsang
(2005–2012)
2
2Wong Yan-lung,SC
黃仁龍
20 October 200530 June 20126 years and 255 days
3
3Rimsky Yuen Kwok-keung,SC
袁國強
1 July 20125 January 20185 years and 189 daysLeung Chun-ying
(2012–2017)
4
Carrie Lam
(2017–2022)
5
4Teresa Cheng Yeuk-wah,SC
鄭若驊
6 January 201830 June 20224 years, 176 days
5Paul Lam Ting-kwok,SC
林定國
1 July 2022Incumbent3 years and 142 daysJohn Lee
(2022–present)
6

Deputy secretaries for justice, 2022–present

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Political party:  Nonpartisan

No.PortraitNameTerm of officeDurationChief ExecutiveTermRef
1Horace Cheung Kwok-kwan
張國鈞
1 July 2022Incumbent3 years and 142 daysJohn Lee
(2022–present)
6

See also

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References

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  1. ^"Remuneration package for Politically Appointed Officials serving in fifth-term HKSAR Government".Hong Kong Government.Archived from the original on 28 October 2018. Retrieved29 November 2018.
  2. ^"Department of Justice - DOJ2015 - Introduction - The role of the Secretary for Justice".www.doj.gov.hk.Archived from the original on 9 July 2025. Retrieved3 June 2025.
  3. ^"Legal system in Hong Kong".digitalrepository.lib.hku.hk. Retrieved19 December 2024.
  4. ^Hong Kong Department of Justice."Prosecutorial Independence - Continuity and Development"(PDF).www.doj.gov.hk.
  5. ^"Department of Justice - About Us - Organisation - Prosecutions Division".www.doj.gov.hk.Archived from the original on 2 June 2022. Retrieved3 June 2025.
  6. ^"Legal system in Hong Kong".digitalrepository.lib.hku.hk. Retrieved23 August 2025.
  7. ^"No. 27478".The London Gazette. 30 September 1902. p. 6209.
  8. ^"G.N. 2093 of 1961".Hong Kong Government Gazette.103: 3108. 1 December 1961.
  9. ^"G.N. 586 of 1962".Hong Kong Government Gazette.104: 1116. 23 March 1962.
  10. ^ab"G.N. 2282 of 1966".Hong Kong Government Gazette.108: 2240. 9 September 1966.
  11. ^ab"G.N. 2559 of 1973".Hong Kong Government Gazette.115: 3839. 5 October 1973.
  12. ^ab"G.N. 1384 of 1979".Hong Kong Government Gazette.121: 1681. 8 June 1979.
  13. ^ab"G.N. 1773 of 1983".Hong Kong Government Gazette.125: 2825. 10 August 1983.
  14. ^ab"G.N. 1082 of 1988".Hong Kong Government Gazette.130: 1521. 10 August 1988.
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 *Includes previous attorneys general
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