Department of Justice (Hong Kong)

Before 1997, the names of the department and the position was the Legal Department (律政署) and Attorney General (律政司) respectively. The Department of Justice provides legal advice to other departments in the government system, “drafts government bills, makes prosecution decisions, and promotes the rule of law”.

History

Before 1997

The department has its roots in the Office of the Attorney General, which was created in 1844 upon the appointment of the first Attorney General of Hong Kong.

The department was established in 1950 as the Legal Department, also known as the Attorney General's Chambers, and was itself the product of a merger between the Attorney General's Office and the Crown Solicitor's Office.

Lawyers working in the government were known as Crown counsel, with the heads of the prosecutions and civil divisions known as the Crown Prosecutor and Crown Solicitor respectively.

After 1997

Protest and national security cases (2019-)

In March 2021, after 15 of 47 pro-democracy figures were granted bail by a court, the DoJ immediately filed an appeal, sending the 15 people back to their detention cells.

Also, in March 2021, Hong Kong Free Press reported that 3 defendants were acquitted of rioting because they were not physically present at the riot, with the DoJ later complaining to the Court of Final Appeal that the acquittal was erroneous and that people could still be participants in a crime even if not physically present, such as by using social media and pressing the "like" button.

In April 2021, a spokesman for the DoJ commented on US ambassador Hanscom Smith's criticism of Hong Kong's arrest of Jimmy Lai, claiming that "It is regrettable to note that the convictions have drawn unfair criticisms with political overtones. Any assertion to suggest that 'Beijing [is] eroding Hong Kong's freedoms' is totally baseless."

Separately, in April 2021, the DoJ asserted that in cases involving the national security police, the police would be exempt from laws that cover the search and seizure of journalists' material. In response, the Hong Kong Journalists Association said that the move would make it more difficult for journalists to protect their sources.

Also, in April 2021, after the sentencing of Jimmy Lai and other pro-democracy figures drew criticism from overseas politicians, the DoJ released a statement saying that though the government attaches great importance to rights and freedom, those freedoms are not absolute.

In December 2022, the DoJ said criticisms were "far from the truth" when the CEO of Maxwell Chambers said, "Hong Kong, in particular, was one place where some parties with very long-term contracts avoided putting it as the seat of arbitration, due to uncertainty about the legal environment after Hong Kong returned to China, even with assurances of 50 years of self-government and freedom of speech."

In August 2023, after the High Court blocked the DoJ from banning the song Glory to Hong Kong, the DoJ appealed and claimed that the Chief Executive should have more power than the courts, for national security matters.