Chief Executive. Secretary for Justice. Department of Justice

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1 #751317v1 1

2 Chief Executive Secretary for Justice Department of Justice 2

3 Secretary for Justice Mr Rimsky Yuen, SC International Law Division Law Drafting Division Paul Wan Law Draftsman Legal Policy Division Frank Poon Solicitor General Prosecutions Division Keith Yeung, SC Director of Public Prosecutions Administration and Development Division Arthur Ho Director of Administration and Development Civil Division Benedict Lai Law Officer (Civil Law) Ms Amelia Luk Law Officer (International Law) Secretary for Justice s Office 3

4 Hierarchy of the GC Grade Posts (as at ) Law Officer (LO) DL6 [Current salary: $201,950 $207,950] Principal Government Counsel (PGC) DL3 [Current salary: $158,850 - $173,350 ] Deputy Principal Government Counsel (DPGC) DL2 [Current salary: $136,550 - $149,350] Assistant Principal Government Counsel (APGC) DL1 [Current salary: $115,050 - $125,800 ] Senior Government Counsel (SGC) MPS Pt [Current salary: $89,565 $103,190] Government Counsel (GC) MPS Pt [Current salary: $54,265 $86,440]

5 The Civil Division Law Officer (Civil Law) Legal Advisor (Works) (on secondment to the Development Bureau) DLO(C)(CLU) DLO(C)(PEL&H) DLO(C)(Advisory) DLO(C) (Commercial) Legal Advisory Division (Works) Civil Litigation Unit Planning, Environment, Lands & Housing Unit Advisory Unit Commercial Unit 5

6 The Civil Division provides legal advice on a wide range of legal issues on civil matters to all Government bureaux and departments represents the Government in the conduct of all civil litigation and disputes involving the Government 6

7 The International Law Division Law Officer (International Law) Deputy Law Officer (Treaties & Law) Deputy Law Officer (Mutual Legal Assistance) Treaties & Law Unit Mutual Legal Assistance Unit 7

8 The International Law Division provides legal advice on international law to the Government negotiates international agreements or provides legal advisers for such negotiations handles requests for legal co-operation between the HKSAR and other jurisdictions 8

9 The Law Drafting Division Law Draftsman Deputy Law Draftsman (Bilingual Drafting & Administration) Deputy Law Draftsman (Legislation) Administration Unit Bilingual Drafting Unit Laws Compilation Unit English Drafting Unit 9

10 The Law Drafting Division drafts all Government legislation advises the Government on matters relating to legislative drafting, and generally assists in steering Government legislation through the legislative process vets the format of legislation promoted by nongovernment authorities/bodies compiles the loose-leaf edition of the Laws of Hong Kong updates the legislation and glossary databases in the Bilingual Laws Information System develops an electronic database and a website for publication of verified version of legislation 10

11 The Legal Policy Division Solicitor General Deputy Solicitor General (Constitutional) Deputy Solicitor General (General) Secretary, Law Reform Commission Legal Policy (Constitutional) Section Legal Policy (General) Section Law Reform Commission Secretariat Basic Law Unit Human Rights Unit Constitutional Development and Elections Unit General Legal Policy Unit 1 General Legal Policy Unit 2 China Law Unit 11

12 The Legal Policy Division promotes bills that are within the policy purview of the Secretary for Justice advises on matters relating to questions of legal policy assists on petitions and statutory appeals to the Chief Executive or the Chief Executive in Council provides advice on the Mainland law and matters concerning legal cooperation with the Mainland, Macao and Taiwan provides legal advice on matters concerning the Basic Law and human rights provides legal advice on constitutional development and election matters serves in the Secretariat of the Law Reform Commission 12

13 The Prosecutions Division Director of Public Prosecutions Office of the DPP Chief of Staff DDPP DDPP DDPP DDPP ODPP Sub-division I (Advisory) Sub-division II (Advocacy) Sub-division III (Appeals) Sub-division IV (Commercial Crime) 13

14 The Prosecutions Division Office of the DPP - deals with restraint and confiscation of proceeds of crime in domestic cases - organises training courses for Counsel, Court Prosecutors, Departmental Prosecutors and law enforcement agencies - prepares court documents and translates judgements - undertakes the administrative duties of the Division, briefing out and supervises the para-legal and support staff 14

15 The Prosecutions Division Office of the DPP (Cont d) - handling complaints on prosecutorial matters - advice on death inquests - policy research and new recruits - handles cases involving allegations of criminal misconduct on the part of police 15

16 The Prosecutions Division Sub-division I advises on and prepares cases to be tried in the Court of First Instance of the High Court, the District Court and the Magistracies oversees the work of the Court Prosecutors handles immigration and labour cases advises on departmental prosecutions 16

17 The Prosecutions Division Sub-division II prosecutes serious and complicated trials 17

18 The Prosecutions Division Sub-division III responsible for all appeals, judicial reviews and reviews of sentence conducts matters related to the Basic Law and the Bill of Rights Ordinance as they affect the administration of the criminal law advice on interception of communication and surveillance 18

19 The Prosecutions Division Sub-division IV advises on and prosecutes cases investigated by the ICAC advises the Inland Revenue Department advises the Customs and Excise Department handles commercial crime, technology crime and copyright crime cases handles market misconduct cases specialises in dealing with obscenity and child pornography cases 19

20 Terms of Appointment 3 years on probation upon satisfactory completion of the probationary service, may be considered for permanent terms of employment with provident fund subject to service need 20

21 Fringe Benefits Housing Benefits Officers are eligible for housing benefits as they reach MPS Pt 34, subject to meeting other eligibility criteria A GC entered at starting pay point of GC rank (i.e. MPS Pt 32) will be eligible for housing benefits (nonaccountable cash allowance at $15,710 per month) upon completion of two years of service. The allowance is payable for a maximum period of 120 months. The rate will be increased with officers advancement along the pay scale (currently at $43,510 for Law Officers). 21

22 Fringe Benefits Medical and Dental Treatment Medical and dental benefits are available to the officer and his family in accordance with the rules and regulations promulgated from time to time 22

23 Fringe Benefits Civil Service Provident Fund (CSPF) Scheme The CSPF Scheme is the retirement benefits system for officers when they progress onto permanent terms. The total Government s contributions under the CSPF Scheme follow a progressive contribution rates schedule as follows - 23

24 Fringe Benefits CSPF Scheme Completed years of continuous service on civil service terms (in Years) Government s contribution rate in terms of the % of the officer s basic salary at his substantive rank Below 3 5% 3 below 15 15% 15 below 20 17% 20 below 25 20% 25 below 30 22% 30 or above 25% 24

25 Leave No. of days of leave per year Vacation leave accumulation limit Directorate Staff 10 years service < 10 years service Non-Directorate Staff 10 years service < 10 years service

26 Training Training / attachment in Hong Kong Continuous Professional Development seminars / law conferences In-house courses on various legal subjects Mentorship Scheme (in Law Drafting Division and Prosecutions Division) Attachment to Government Secretariat Leadership / Management programmes, such as Leadership in Action Programme, Innovative Managers Programme, etc 26

27 Training Training / attachment outside Hong Kong Attachment to Justice Departments / Bureaux outside Hong Kong Middle Temple Advocacy Course in the UK International law conferences National Studies Courses at Tsinghua University, Peking University and the Chinese Academy of Governance, etc Overseas management / leadership courses 27

28 Department of Justice Homepage Website : 28

29 Unique Opportunities Work with different Bureaux/Departments and law enforcement agencies on a vast spectrum of legal issues Involve in various areas of legal work and in important legal decisions and processes where public interests are at stake Work on high profile legal cases Participate in predominant international legal conferences and negotiations Serve the community and put professional expertise to good use 29

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