Replies to Initial Written Questions Raised by Finance Committee Members

Replies to initial written questions raised by Finance Committee Members

in examining the Estimates of Expenditure 2003-04

[Controlling Officer : Director of Administration and Development]

[Session No. : 11] [File name : SJ-e1.doc]

Reply
Serial No. / Question
Serial No. /

Name of Member

/ Head / Sub-
head / Programme
SJ001 / 0121 /

Hon. HO Sau-lan, Cyd

/ 92 / (3) Legal Policy
SJ002 / 0233 /

Hon. LAU Hon-chuen, Ambrose

/ 92 / (1) Prosecutions
SJ003 / 0387 /

Hon. EU Yuet-mee, Audrey

/ 92 / (1) Prosecutions
SJ004 / 0388 /

Hon. EU Yuet-mee, Audrey

/ 92 / (1) Prosecutions
SJ005 / 0389 /

Hon. EU Yuet-mee, Audrey

/ 92 / (3) Legal Policy
SJ006 / 0390 /

Hon. EU Yuet-mee, Audrey

/ 92 / (5) International Law
SJ007 / 0757 /

Hon. LAU Hon-chuen, Ambrose

/ 92 / (1) Prosecutions
SJ008 / 0758 /

Hon. LAU Hon-chuen, Ambrose

/ 92 / (2) Civil
SJ009 / 0759 /

Hon. LAU Hon-chuen, Ambrose

/ 92 / (3) Legal Policy
SJ010 / 0760 /

Hon. LAU Hon-chuen, Ambrose

/ 92 / (3) Legal Policy
SJ011 / 0797 /

Hon. LAU Chin-shek

/ 92 / (3) Legal Policy
SJ012 / 0798 /

Hon. LAU Chin-shek

/ 92 / 000
SJ013 / 0848 /

Hon. NG Margaret

/ 92 / (3) Legal Policy
SJ014 / 0849 /

Hon. NG Margaret

/ 92 / (3) Legal Policy
SJ015 / 0850 /

Hon. NG Margaret

/ 92 / (2) Civil
SJ016 / 0851 /

Hon. NG Margaret

/ 92 / (2) Civil
SJ017 / 0852 /

Hon. NG Margaret

/ 92
SJ018 / 0853 /

Hon. NG Margaret

/ 92 / (1) Prosecutions
SJ019 / 0963 /

Hon. TSANG Yok-sing, Jasper

/ 92 / (2) Civil
SJ020 / 0964 /

Hon. TSANG Yok-sing, Jasper

/ 92 / (2) Civil
SJ021 / 0971 /

Hon. TSANG Yok-sing, Jasper

/ 92 / (3) Legal Policy
SJ022 / 1002 /

Hon. CHOW LIANG Shuk-yee, Selina

/ 92 / (1) Prosecutions
(2) Civil
(3) Legal Policy
(4) Law Drafting
(5) International Law
SJ023 / 1070 /

Hon. NG Margaret

/ 92 / 000
SJ024 / 1279 /

Hon. LEE Cheuk-yan

/ 92 / 000
SJ025 / 1489 /

Hon. NG Margaret

/ 92 / (1) Prosecutions
SJ026 / 1496 /

Hon. HO Sau-lan, Cyd

/ 92 / (1) Prosecutions
SJ027 / 1497 /

Hon. HO Sau-lan, Cyd

/ 92 / (3) Legal Policy
SJ028 / 1498 /

Hon. HO Sau-lan, Cyd

/ 92 / (5) International Law
SJ029 / 1499 /

Hon. HO Sau-lan, Cyd

/ 92 / 000
SJ030 / 1500 /

Hon. HO Sau-lan, Cyd

/ 92 / 234
SJ031 / 1509 /

Hon. TSANG Yok-sing, Jasper

/ 92 / (1) Prosecutions

- 1 -

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO

INITIAL WRITTEN QUESTION

Head : 92 Department of Justice Subhead (No. & title) :

Programme : (3) Legal Policy

Controlling Officer : Director of Administration and Development

Question :

Regarding consultancy studies for policy making and assessment (if any) commissioned by your department, please provide details in the following format:

(1) Please provide the following details on the consultancy studies for which financial provision has been allocated respectively in 2001-02 and 2002-03 :

(2) Please provide the following details on the consultancy studies for which financial provision has not been allocated respectively in 2001-02 and 2002-03, though consultancy studies have been made during the year :

(3) Has financial provision been allocated for commissioning consultancy studies in 2003-04? If yes, please provide the following details :

Names of consultants
(if available) / Description / Consultancy fees / Status of consultancy studies (planning/ in progress/ completed)

Asked by : Hon. HO Sau-lan, Cyd

Reply :

(1)(a)Consultancy studies for which financial provision has been allocated in 2001-02 :

Review of Legal Education and Training

Names of consultants
(if available) / Description / Consultancy fees / Progress on consultancy studies (planning/ in progress/ completed) / The Administration’s follow-up action on the study reports and the progress made / Reasons for no follow-up action on the study reports and whether other measures are available to deal with the subjects under study
A consultancy study was undertaken as part of a full-scale review of all stages of the legal education and training of legal professionals in Hong Kong.
(a)Professor Paul Redmond, Dean of the Faculty of Law at the University of New South Wales, Australia
(b)Christopher Roper, formerly Director of the Centre for Legal Education and now Director of The College of Law Alliance, England & Australia / Two consultants were appointed to undertake a preliminary review of the current system of legal education and training and to make recommendations for improvement. / The consultancy fees incurred were about $1 million. This was largely funded by a grant from the Innovation and Technology Fund. / The consultants published their report in August 2001, making altogether 160 recommendations / * See details below.
*After the two consultants have published their comprehensive report in August 2001, the Steering Committee on the Review of Legal Education and Training (“Steering Committee”) proceeded to study the recommendations set out in the report, having regard to the submissions made in response to it.
The Steering Committee endorsed the recommendation of the consultants that the LLB should be extended from three to four years in order to achieve its proper objectives. The University Grants Committee has given its approval in principle to this change and, provided the two universities give their full support, the new course can commence in the academic year beginning in 2004.
As regards the PCLL, the Steering Committee considered that it should not be discontinued as proposed by the consultants, but that it should be subject to major reforms in the areas of admission standards, curriculum contents, teaching and assessment methods, and exit standards for the PCLL. The two universities have established PCLL Academic Boards (with representatives from the two professional bodies, the Judiciary and the Department of Justice) to oversee such reforms. Some reforms have been instituted in the course beginning in September 2002, and further changes will be introduced in subsequent years.
The Steering Committee has agreed that the improvement of English and Chinese language standards is a key issue and that measures need to be agreed to ensure that standards are raised. In this regard, it has recommended that, as from this year, students who wish to enrol for the PCLL course must have their English proficiency assessed under the International English Language Testing System (IELTS).
The Steering Committee has further agreed that a new statutory body should be established in order to keep up the momentum of reform of the legal education and training system, and to keep under review the future direction of that system. This body will consist of representatives from the Judiciary, the two branches of the profession, the two universities, other providers of legal education, as well as lay members. It will replace the existing Advisory Committee on Legal Education.
The legislative provisions for the establishment of the above new body have been included in the Law Amendment and Reform (Miscellaneous Provisions) Bill which was gazetted on 7 March 2003. The Department of Justice is expected to provide the administrative and secretarial support to the new body. The additional resource requirements will be met by internal redeployment.

(b)Consultancy studies for which financial provision has been allocated in 2002-03 : Nil.

(2)Consultancy studies for which financial provision has not been allocated in 2001-02 and

2002-03 respectively : Nil.

(3)Consultancy studies in 2003-04 : Review of Legal and Related Studies

Names of consultants
(if available) / Description / Consultancy fees / Status of consultancy studies (planning/ in progress/ completed)
Not yet available. / On 7 November 2001, the Legislative Council passed a motion (moved by the Hon Audrey Eu)which, amongst other things, urged the Government to comprehensively review the demand for legal and related services.
The purpose of the review is to ascertain, through an empirical study, the nature of legal problems commonly faced by members of the community and how those problems are handled. When this information is obtained, future policy formulation in relation to access to justice and legal education will be more soundly based, and can be better directed to improving the current arrangements. / It is expected that the overall cost of the research project is likely to be at least $3 million, which may be spread out over three years.
Funding has been earmarked for this project. / The Department will be shortly commencing the process of commissioning a consultant to carry out the necessary research.
Name in block letters / Miss Annie Tam
Post Title / Director of Administration
and Development
Date / 20 March 2003

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO

INITIAL WRITTEN QUESTION

Head : 92 Department of Justice Subhead (No. & title) :

Programme : (1) Prosecutions

Controlling Officer : Director of Administration and Development

Question :

Regarding prosecutions, the number of cases conducted by counsel instructed to prosecute is estimated to decrease from 980 in 2002 to 850 in 2003. In this connection, will the Administration brief us on the following -

(i)whether the number of cases briefed out at various levels of court will be affected by this decrease. If yes, please provide details;

(ii)whether assessment has been made of the impactof the decrease on the quality of prosecutions and the time required for cases to be listed for hearing. If yes, please providethe details on departmental resources implications; and

(iii)whether assessment has been made of the impactof the decrease on in-house counsel. Will there be any savings in staff cost?

Asked by : Hon. LAU Hon-chuen, Ambrose

Reply :

(i)The actual amount of work to be briefed out at different levels of court will necessarily be determined by various factors, including the workload, the availability of in-house counsel, the nature of the cases and the desirability of employing outside counsel for a particular case. The extent of briefing out may, therefore, not be the same for all levels of court.

(ii)We will not compromise the quality of prosecutions, no matter whether a case is to be conducted in-house or briefed out. Whenever cases are listed by the court for trial/appeal, we have a duty to provide prosecutors of the appropriate experience, either from the Division or from the Bar. The courts will not delay trial simply to suit the convenience of prosecuting counsel.

(iii)The estimated number of cases to be briefed out in 2003 is worked out on the basis of our assumptions of the likely workload, the nature of the cases, the availability of in-house counsel and the desirability of employing outside counsel for a particular case. The question of savings in staff cost is not a relevant consideration.

Name in block letters / Miss Annie Tam
Post Title / Director of Administration
and Development
Date / 20 March 2003

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO

INITIAL WRITTEN QUESTION

Head : 92 Department of Justice Subhead (No. & title) :

Programme : (1) Prosecutions

Controlling Officer : Director of Administration and Development

Question :

Regarding the implementation of the National Security (Legislative Provisions) Bill under scrutiny by this Council, will the Administration brief us on the following-

(a)Will the Department of Justice provide training for its staff so as to familiarize them with the legislation and prepare them for the related work in the future? If resources are allocated for this purpose, what are the details? If no, what is the reason?

(b)Will the Prosecutions Division of the Department of Justice set up a special team or designate specific staff to deal with cases that involve the above legislation? If yes, what are the details? If no, what are the reasons?

Asked by : Hon. EU Yuet-mee, Audrey

Reply :

When the National Security (Legislative Provisions) Ordinance is enacted, counsel in the Prosecutions Division will be fully briefed on the new provisions to ensure that they are familiar with them. It is expected that there will be very few, if any, cases arising under this law. Accordingly, it is not proposed to set up a special team within the Division to deal with the subject. No additional resources are necessary.

Name in block letters / Miss Annie Tam
Post Title / Director of Administration
and Development
Date / 20 March 2003

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO

INITIAL WRITTEN QUESTION

Head : 92 Department of Justice Subhead (No. & title) :

Programme : (1) Prosecutions

Controlling Officer : Director of Administration and Development

Question :

Regarding the plan of the Prosecutions Division of the Department of Justice to develop its capacity to advise on and prosecute terrorist cases and market misconduct cases in 2003-04, will the Administration inform us of the details of the plan, such as training programmes, expenditure involved and the number of government counsel to be benefited?

Asked by : Hon. EU Yuet-mee, Audrey

Reply :

In order to enhance its capacity to prosecute all forms of terrorist activities and to provide advice to others in government on this area, the Prosecutions Division has in November 2002 appointed a Senior Government Counsel as the Prosecution Policy Coordinator on Anti-Terrorism. A specialised team is set up for handling advisory and committee work in relation to anti-terrorism, triad and organised crimes, and attending court as required. The existing Asset Recovery Unit assumes the responsibility for the seizure of terrorist assets. Specialist prosecutors will liaise as required with their counterparts in other jurisdictions. They will contribute as well to the exchange of information and ideas at the international level.

The Prosecutions Division will develop the capacity of one of its existing commercial crime teams comprising one Directorate Officer and two Senior Government Counsel, to advise on and prosecute market misconduct cases. Meetings have been held, and will continue to be held, between the Securities and Futures Commission (SFC), the Police Commercial Crime Bureau, the ICAC and the Department of Justice regarding the implementation of the Securities and Futures Ordinance, Cap. 571 on 1 April 2003. In January 2003, the Chairman of SFC briefed senior prosecutors of the Department of Justice on tackling corporate fraud. In-house seminars and discussions will continue to be convened between the SFC and the Department of Justice to enhance its ability to combat market misconduct.

The above measureshave been and will continue to be implemented with existing resources.

Name in block letters / Miss Annie Tam
Post Title / Director of Administration
and Development
Date / 20 March 2003

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO

INITIAL WRITTEN QUESTION

Head : 92 Department of Justice Subhead (No. & title) :

Programme : (3) Legal Policy

Controlling Officer : Director of Administration and Development

Question :

Will the Administration provide details on the expenditure and the specific programme(s) to be launched by the Department of Justice during 2003-04 to promote the rule of law and Hong Kong’s legal system to the citizens of Hong Kong and to the international community?

Asked by : Hon. EU Yuet-mee, Audrey

Reply :

The Secretary for Justice and officials of the Department of Justice will continue to promote the rule of law and the legal system in Hong Kong as an integral part of their duties through a variety of activities such as giving interviews to the media, attending public affairs programmes, contributing letters to the editors, attending seminars, delivering speeches, giving briefings, receiving international visitors and paying visits to places outside Hong Kong. Expenditure on these activities will be absorbed by the Department. In addition, the following dedicated promotion activities are planned for 2003-04 -

(a)Community Legal Services Centre Outreach Programme

This Department started to subsidise the cost of the promotional items, handouts and pamphlets of the Community Legal Services Centre (CLSC) Outreach Programme in 2002-03. The aim of the programme is to promote legal education and awareness on the broadest level of the community and to strengthen the rule of law through lectures, group discussions and advice to members of the public on their rights and obligations, and their access to justice. The Department will continue to subsidize the CLSC Outreach Programme and an estimated subsidy of $269,000 has been reserved for future years.

(b)“Legal System in Hong Kong” publication

In 2003-04, this Department plans to revise the “Legal System in Hong Kong”, a publication providing information about the essential features of the legal and judicial systems in Hong Kong. The revised version of the publication will be put on the webpage of this Department. The publication will be distributed to relevant bodies and visiting guests. It will also be put on sale at the Government Publications Centre. We believe that most of the printing cost will be recovered through the sale of the publication in due course.

(c)Basic Law Bulletin and Seminars

For 2003, this Department aims to provide counsel to give 20 seminars on the Basic Law organised by the Civil Service Training and Development Institute (CSTDI). The seminars will cover a variety of topics such as rights of residents and implementation of the Basic Law. This Department will also provide professional advice to the CSTDI on the publication of various Basic Law promotional materials. In particular, in the light of the readers survey initiated in the fourth issue of the Basic Law Bulletin, this Department intends to publish jointly with the CSTDI a further issue of the Bulletin before the end of 2003. The Bulletin will be distributed both locally and overseas and will also be accessible on the webpage of this Department. The design and printing cost will be borne by CSTDI.

Name in block letters / Miss Annie Tam
Post Title / Director of Administration
and Development
Date / 20 March 2003

Examination of Estimates of Expenditure 2003-04

CONTROLLING OFFICER’SREPLY TO