Open main menu

The Secretary for Justice (Chinese: 律政司司長) is the head of the Hong Kong Department of Justice, the chief legal advisor to the Chief Executive of Hong Kong, and the chief law enforcement officer of the Government of Hong Kong. Before the Transfer of the Sovereignty in 1997, the position was known as the Attorney-General of Hong Kong.

Hong Kong
Special Administrative Region

Secretary for Justice
律政司司長
Regional Emblem of Hong Kong.svg
港府執意推進《逃犯條例》修法民陣謹慎動員民眾抗爭3 (cropped).jpg
Incumbent
The Hon Teresa Cheng, GBS, SC, JP

since 6 January 2018
StyleThe Honourable
Member ofGovernment Secretariat
Executive Council
Reports toLegislative Council
Residence19 Severn Road, The Peak
AppointerCentral People's Government
nomination by Chief 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

The Secretary for Justice, nominated by the Chinese government on the advice of the Chief Executive of Hong Kong, is an ex officio member of the Executive Council of Hong Kong. The Secretary takes office after appointment by the Government of the People's Republic of China, which is responsible for Hong Kong's foreign affairs and defence. The Secretary for Justice also belongs to the Policy Committee, which is chaired by the Chief Secretary,

The Office of the Secretary for Justice was established by the Hong Kong Basic Law,[2] which guarantees the power of the Department of Justice to control criminal prosecutions free from any interference.[3] The position is normally held by a legal professional, and was, before July 2002, a civil service position. The Secretary for Justice, after the Chief Secretary and the Financial Secretary, is one of the three highest Principal Officials of the Government.

The current Secretary for Justice is Teresa Cheng, GBS, SC, JP.

Contents

RoleEdit

In the course of discharging his or her duties as the chief legal advisor to the Chief Executive of Hong Kong, the Secretary for Justice is assisted by five law officers, namely:

(The Administration and Development Division is headed by an Administrative Officer.)

Ranking in the Hong Kong GovernmentEdit

The Secretary for Justice is the third in line, after the Chief Secretary and the Financial Secretary, to act for the Chief Executive when he or she is on leave, outside Hong Kong, or when the position is otherwise temporarily vacant.

The Secretary for Justice ranks fifth in the Hong Kong order of precedence.

ResidenceEdit

The Secretary for Justice has an official residence at 19 Severn Road, The Peak. Opened in 1934 for use by Attorney General Hong Kong.

Pre-1997 positionEdit

Before the 1997 handover to China, the position was known as the Attorney General (Chinese: 律政司), and the department was known as the Legal Department (Chinese: 律政署) and was also known as the Attorney General's Chambers (Chinese: 律政司署). The office of the Attorney General was never localized during British rule and no Hong Kong Chinese ever held this key post.

List of Secretaries/Attorneys GeneralEdit

Attorneys General, 1844–1997Edit

Portrait Name Took office Left office Notes Ref
1   Paul Ivy Sterling 1844 1855 First Attorney General (AG) of Hong Kong. Later appointed Puisne Judge in Ceylon 1855 and acting Chief Justice 1860.
2   Thomas Chisholm Anstey 1855 1859 Former member of British Parliament 1847-1852. Practiced at Bombay bar after retirement.
3   William Adams 1859 1860 Did not act as AG and was appointed acting Chief Justice immediately on arrival in Hong Kong and then appointed as Chief Justice of Hong Kong.
4   Sir John Smale 1860 1866 Appointed Chief Justice of Hong Kong 1866
5   Sir Julian Pauncefote 1866 1873 Appointed Chief Justice of the Leeward Islands 1874. Later had a very illustrious career in the Foreign Office. Became Lord Pauncefote in 1899.
6   Sir John Bramston 1873 1876 Appointed Assistant Under Secretary of State in the Colonial Office 1876.
7   Sir George Phillippo 1876 1879 First non-British-born AG, Phillippo was born in Jamaica. He left to become Chief Justice of Gibraltar 1879 to 1882 and returned to appointed Chief Justice of Hong Kong 1882. In 1897 he became British High Consul in Geneva, Switzerland.
8   Sir Edward O'Malley 1880 1889 Appointed Chief Justice of the Straits Settlements 1889 and Chief Justice of British Guiana 1895.
9   Sir W. Meigh Goodman, QC/KC 1890 1902 Appointed Chief Justice of Hong Kong 1902.
10   Sir Henry Spencer Berkeley, KC 1902 1906[4] 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 Appointed Chief Justice of Hong Kong 1912.
12   Sir John Bucknill, KC 1912 1914 Appointed Chief Justice of the Straits Settlements 1914 and Puisne Judge of the Patna High Court in Patna, British India 1920.
13   Sir Joseph Kemp, KC 1914 1930 Puisne Judge, Hong Kong, prior to appointment 1913-1914. Next appointed Chief Justice of Hong Kong 1930.
14   Sir C. Grenville Alabaster, KC 1930 1941 Interned in Stanley Internment Camp during World War II and retired after the war.
British administration suspended during Japanese occupation during World War II. Military Government from August 1945 to March 1946.
15   John Bowes Griffin, KC 1946 1951 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 1952 26 November 1961 Last AG to be a KC. Retired on a pension. [5]
17   Maurice Heenan, QC 4 December 1961 2 September 1966 Non-British-born (born in New Zealand). Crown Counsel prior to appointment. Resigned to join United 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. [6][7]
18   Denys Roberts, QC 3 September 1966 29 September 1973 Appointed Colonial/Chief Secretary (1973-1979) and then Chief Justice of Hong Kong. Retired on a pension. [7][8]
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. [8][9]
20   John Griffiths, QC 4 June 1979 10 June 1983 Last non-British-born AG - born in Persia (now Iran). Entered private practice at the English and Hong Kong bars after retirement until 2012. [9][10]
21   Michael Thomas, QC 11 June 1983 30 March 1988 Last QC to be AG. Entered private practice at Hong Kong and English bars after retirement. [10][11]
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. [11]

Secretaries for Justice, 1997–presentEdit

Political party:   Nonpartisan

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, 111 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, 254 days
3
3   Rimsky Yuen Kwok-keung SC
袁國強
1 July 2012 5 January 2018 5 years, 189 days Leung Chun-ying
(2012–2017)
4
Carrie Lam
(2017–present)
5
4   Teresa Cheng Yeuk-wah SC
鄭若驊
6 January 2018 Incumbent 1 year, 190 days

See alsoEdit

ReferencesEdit

  1. ^ "Remuneration package for Politically Appointed Officials serving in fifth-term HKSAR Government". Hong Kong Government.
  2. ^ Article 53, Hong Kong Basic Law
  3. ^ Article 63, Hong Kong Basic Law
  4. ^ "No. 27478". The London Gazette. 30 September 1902. p. 6209.
  5. ^ "G.N. 2093 of 1961". Hong Kong Government Gazette. 103: 3108. 1 December 1961.
  6. ^ "G.N. 586 of 1962". Hong Kong Government Gazette. 104: 1116. 23 March 1962.
  7. ^ a b "G.N. 2282 of 1966". Hong Kong Government Gazette. 108: 2240. 9 September 1966.
  8. ^ a b "G.N. 2559 of 1973". Hong Kong Government Gazette. 115: 3839. 5 October 1973.
  9. ^ a b "G.N. 1384 of 1979". Hong Kong Government Gazette. 121: 1681. 8 June 1979.
  10. ^ a b "G.N. 1773 of 1983". Hong Kong Government Gazette. 125: 2825. 10 August 1983.
  11. ^ a b "G.N. 1082 of 1988". Hong Kong Government Gazette. 130: 1521. 10 August 1988.