Civil Division

Civil Division

The Civil Division has a major role in providing legal advice on a wide range of legal issues on civil matters to all government bureaus and departments. The division also represents the government in the conduct of all civil claims and disputes involving the government.

The Civil Division comprises four major units:

Advisory
Civil Litigation
Commercial
Planning, Environment, Lands & Housing

Advisory Unit

Counsel of this unit advise various government bureaus and departments on civil law issues of a general nature, including statutory interpretation, administrative law issue and legislative proposals in a wide range of areas, including:

civil aviation, shipping and public transport
civil service and disciplinary proceedings
education and social welfare
election related matters
electronic transactions related matters
employment related matters
matters relating to the police force, fire services and correctional services
immigration
protection of personal data
public finance, inland revenue and customs and excise
public health and environmental hygiene
recreation and culture

Matters of particular interest on which the unit advised in 2008 and 2009 included:

Civil service

issues relating to disciplinary proceedings in the civil service arising from recent court decisions

Elections

preparation for the 2008 Legislative Council elections and various District Council by-elections
registration and voting rights of prisoners in various elections
review of village representative elections arrangements

Employment

measures to improve enforcement of Labour Tribunal awards
introduction of a statutory minimum wage

Law Officer (Civil Law), Mr Benedict Lai (right), with Mr Eric TM Cheung, Assistant Professor, Hong Kong University, at a training session on the Civil Justice Reform.

Immigration

claims made under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Public health

measures to combat avian influenza and influenza A H1N1
food safety matters such as the prohibition of import and sale of problem food and issue of a recall order, the control of level of melamine in food

Road traffic and shipping

extension of the probationary driving licence scheme to private cars and light goods vehicles
amendment to the Road Traffic (Driving-Offence Points) Ordinance (Cap 375) to plug the loophole in law about service of summons for disqualification proceedings
the new Bunker Oil Pollution (Liability and Compensation) Ordinance (14 of 2009) regulating liability and compensation for contamination caused by bunker oil discharge from ships

Others

measures to facilitate the East Asian Games held in Hong Kong in December 2009
matters arising from the Select Committee and Subcommittee set up by the Legislative Council to inquire respectively into matters relating to the post-service work of Mr Leung Chin-man and issues arising from Lehman Brothers-related mini-bonds and structured financial products
specifying in the Copyright Ordinance (Cap 528) the maximum number of unauthorised copies of newspapers, magazines, books or journals that can be made for distribution in business without constituting an offence
making Rules of Procedure for implementing the United Nations (Anti-terrorism Measures) Ordinance (Cap 575)
extension of the scope of protected persons under the Domestic Violence Ordinance (Cap 189)
designation of the Hong Kong Geopark and banning of commercial fishing in marine parks
review of control measures for street management
management of trees on government lands

Civil Litigation Unit

Counsel in the Civil Litigation Unit and the litigation team of the Planning, Environment, Lands & Housing Unit act as solicitors and barristers in representing the government in the conduct of all civil claims and disputes involving the government, though some of the work is briefed out to private practitioners as may be required.

As in previous years, public law cases have formed a major part of the unit's work. Some of the more important of these are mentioned under "Notable cases" in the "Highlights of 2008 and 2009" chapter.

Over the past two years, one notable phenomenon in public law litigation has been the dramatic increase in cases brought by people who came to Hong Kong and subsequently lodged claims for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Following the decision of the Court of First Instance in FB v Director of Immigration (HCAL 51/2007), a revised administrative screening scheme has been developed by the Administration for handling claims made under the Convention. In October 2009, a dedicated team was set up within the division to provide "one-stop" legal support to deal with Convention-related cases, including advice on the enhanced screening procedure, legal representation at oral hearings before tribunals and in judicial review cases before the Court of First Instance and any subsequent appeals.

Apart from public law litigation, and in addition to the type of cases already referred to, the Civil Litigation Unit handles a wide spectrum of other civil litigation matters on behalf of the government, including personal injury cases, charities and trusts matters, revenue appeals, telecommunications appeals, and general recovery of government debts.

Civil Division counsel at a mediation workshop with dispute resolution specialist Mr David Newton (second from right).

To familiarise Government Counsel and para-legal staff with the new rules and procedures introduced by the implementation of the Civil Justice Reform (CJR), a series of training sessions were commissioned in-house in the run up to its implementation on 2 April 2009. Speakers in these training sessions included academics from the Faculty of Law of the University of Hong Kong and serving judicial officers. They covered a whole range of different topics involved in the CJR and some seats were reserved for practising barristers and solicitors enrolled through their respective professional bodies. Government Counsel also participated in various CJR-related training programmes organised outside the Department of Justice.

In view of the increasing importance of mediation in civil litigation, especially after the implementation of the CJR and in anticipation of the coming into effect of the relevant Practice Directions on 2 January 2010, in-house courses in mediation were organised from late 2007 to early 2008. In the first quarter of 2008, 35 Government Counsel of the Civil Division attended such courses. Another round of in-house courses in mediation took place in November and December 2009. A selected number of counsel also received training for accreditation by the London-based Centre for Effective Dispute Resolution.

Commercial Unit

Work on commercial law is generated by the government's own commercial requirements, by the government's regulation of utilities, franchisees and licensees, and by certain commercial services provided to the community. During 2008 and 2009, counsel in the unit advised on such matters as:

the rewrite of the Companies Ordinance (Cap 32)
reform of banking and securities and futures legislation, including implementation of the Basel II recommendations and codification of the disclosure requirements on price sensitive information
regulation of the Mandatory Provident Fund Schemes and related legislative proposals
telecommunications, broadcasting and electronic transactions (including the preparation and implementation of legislative proposals on the establishment of the proposed Communications Authority, the consultation on public service broadcasting and the future of RTHK, the legislative proposal on the provision of spectrum for expansion of Second Generation (2G) mobile services, the legislative amendments to the television programme service licence fees, and the government Wi-Fi Programme)
drafting and advising upon agreements and major project work such as the Disney theme park, the new cruise terminal facilities and the Hong Kong-Zhuhai-Macau Bridge
the establishment of various trust funds and schemes, including the "Trust Fund in Support of Reconstruction in the Sichuan Earthquake Stricken Areas"
documentation, rules and related legal advice on the Capital Investment Entrant Scheme (Immigration)
public-private partnerships and private sector involvement
project financing of film production
bank mergers and deposit protection
government procurement of goods and services and preparation of tender documents/contracts
a number of major computer contracts, including in some cases their termination
general competition policy in Hong Kong, including the proposed introduction of a new cross-sector competition law, and initiatives in specific sectors such as telecommunications, broadcasting, electronic trade manifests and the auto-fuel industry
school service contracts for government, aided and direct subsidy schools
advising on the regulation of digital television services in conjunction with, and in succession to, analogue television services
the regulatory functions of government in the West Kowloon Cultural District project
the regulatory functions of the Insurance Authority and the exercise of his intervention power under the Insurance Companies Ordinance (Cap 41)
proposed legislation to enhance the anti-money laundering regulatory regime in respect of the financial sectors
documentation and implementation of Islamic finance initiatives
advising on, and negotiating, important contracts such as those in relation to Hong Kong's participation in the Shanghai World Expo 2010 and in the ASEAN + 3 Chiang Mai Initiative Multilateralisation regarding the provision of regional USD liquidity support
advising on the establishment of a government bond programme of up to HK$100 billion

Planning, Environment, Lands & Housing Unit

The Planning, Environment, Lands & Housing (PEL&H) Unit has two teams, namely, the Advisory Team and the Litigation Team.

Counsel in the PEL&H (Advisory) Team advise the government on a wide range of matters relating to town planning, environmental protection and control, lands, regulatory control of building operations and building management, rating, government rent and declaration of monuments, including a significant number of infrastructure projects and legislative proposals.

In 2008 and 2009, significant matters and projects advised on by the team included:

Town planning

amendments to the Wanchai North Outline Zoning Plan and the North Point Outline Zoning Plan
amendments to Outline Zoning Plans in order to impose control on development intensity

Environmental protection

use of electric vehicles in Hong Kong
levy on the use of plastic bags
prohibition against idling vehicles
Wetland Nature Reserve at Sha Lo Tung and Fung Lok Wai

Land and buildings

proposed amendments to the Land Titles Ordinance (Cap 585)
public open space within private developments or on government land
land-related commercial agreements and tender documents, such as those relating to the Cross-Harbour Tunnel, Tsing Sha Control Area and New Kowloon Bay Vehicle Examination Centre
proposals for mandatory buildings and windows inspection schemes

Heritage conservation

heritage conservation projects relating to the Central Police Station, Star Ferry Pier and Queen's Pier
declaration of important monuments such as Maryknoll Convent School and King Yin Lei under the Antiquities and Monuments Ordinance (Cap 53)
implementation of the "Revitalising Historic Buildings" scheme
implementation of the "Revitalisation of Industrial Buildings" scheme

Monuments declared include King Yin Lei (left) and Maryknoll Convent School (right).

Major infrastructure projects

West Island Line, Express Rail Link, Tamar Development and Central & Wanchai Bypass
a new cruise terminal at the former Kai Tak Airport runway
Hong Kong-Zhuhai-Macau Bridge
proposed development at Lok Ma Chau Loop
proposed Shatin-Central Link

The PEL&H (Litigation) Team together with the Civil Litigation Unit represent the government in the conduct of all civil claims and disputes. The team handles many types of litigation cases (both public law cases and private law cases, and at different court levels and at the tribunal level) with an emphasis on matters relating to land, town planning, building, housing, environment, heritage conservation, rating and government rent, land resumption and other types of statutory compensation claims.

In 2008 and 2009, the PEL&H (Litigation) Team handled a wide variety of litigation cases, including:

town planning appeal cases and related judicial reviews
building appeal cases and related judicial reviews
rating and government rent appeal cases and related judicial reviews
government rent exemption cases
statutory compensation cases (including land resumption cases)
land dispute cases and related judicial reviews
various environmental protection appeals, such as the Air Pollution Control Appeal Board appeal cases

Cathy Wong Pui-ming,
Principal Government Counsel, Civil Division

After graduating from the Chinese University of Hong Kong with a degree in social science in 1976, Cathy Wong joined the government first as a Housing Assistant with the Housing Authority, before serving as a police inspector. In 1982, she won a government legal training scholarship and joined the then Legal Department as a Crown Counsel in 1986 after acquiring her legal qualifications in England.

Apart from a short attachment to the Localisation & Adaptation of Laws Unit of the Law Drafting Division in 1994, Cathy has worked exclusively on civil law matters since she joined the department. She was promoted to Deputy Principal Government Counsel in 1998 and Principal Government Counsel in 2008. Cathy is now in charge of the Civil Advisory Unit, responsible for providing advice to government bureaus and departments on civil law issues arising from such matters as their formulation of policies, the making of legislative proposals, the exercise of their discretion, and the day-to-day enforcement of the statutory and non-statutory regimes under their charge. With the public's heightened awareness of civil rights, Cathy finds her unit handling more and more requests for urgent advice on matters which have often made the headlines of the daily papers. "That," says Cathy, "makes life in Civil Division much more exciting and challenging!"

With the ever increasing expectations on the government and the rapid development of the law, Cathy considers it essential for all government lawyers to be fully prepared and properly equipped to meet the new challenges as they arise. In this regard, Cathy appreciates the training opportunities which have been offered to her by the government over the years. "Without them, I would never have been able to acquire the exposure and experience which have certainly better equipped me to sustain the pressure and demands of the work," she says.

Cathy enjoys participating in and watching most types of sports, indoors and outdoors alike. Though she can afford very little time these days to keep up with any of them, Cathy has maintained a keen interest in tai-chi as she finds it gives her inner peace and tranquillity and helps her maintain a proper balance in life.

Cecilia Siu Wing-sze,
Senior Government Counsel, Civil Division

Cecilia Siu graduated from the University of Hong Kong and joined the department as a legal trainee in 2002. After admission as a solicitor in 2004, she entered private practice and obtained an LLM in Public International Law from University College London in 2006. Cecilia rejoined the department that year as a Government Counsel in the Civil Litigation Unit and was promoted to Senior Government Counsel in 2009, the same year she obtained an LLM from the University of Hong Kong.

Cecilia has handled a wide variety of cases in the Civil Litigation Unit in the last three years, including competition law cases, contractual disputes, insider dealing cases, judicial reviews, tax appeals, and trust and charity cases.

"The public element involved in the work of the department gives me a sense of vocation and enthusiasm about the work of a lawyer," says Cecilia. "It's interesting to see the interaction between policy and law and the range of subject matter broadens my horizons and widens my perspectives in looking at things."

"Life in the department is busy and challenging, but it's also gratifying and fun," adds Cecilia. Cecilia was a member of the department's dragon boat team in 2009 and is delighted that the team won the championship in one of the races.

Angela Ho Pui-yee,
Senior Government Counsel, Civil Division

Angela Ho graduated from the University of Hong Kong with a degree in law in 1990 and subsequently obtained an MA in language and law from the City University of Hong Kong. Before joining the department as a Government Counsel in 1997, she worked as Deputy Managing Editor of Butterworths, Hong Kong, and was responsible for various legal publications, including Hong Kong Cases and Annotated Ordinances of Hong Kong.

Angela has been posted to various units since she joined the department. After working in the Lands and Works Unit (later renamed as Planning, Environment, Housing and Lands Unit) of the Civil Division, she was transferred to the IT Management Unit in 2001 where she worked as IT Projects Manager and subsequently IT Manager. There, she assisted in the development of the department's IT security policy and oversaw the implementation of various IT projects, with a view to ensuring that the IT systems and programmes best serve the needs of counsel in the department. Angela was promoted to Senior Government Counsel in 2002.

In June 2005, Angela was transferred to the Independent Police Complaints Council Secretariat and acted as legal adviser in reviewing police complaint cases. After the passing of the Independent Police Complaints Council Ordinance (Cap 604) in 2008, she was transferred back to the Civil Division and worked in the ad hoc team set up to advise on matters arising from the Select Committee formed by resolution of the Legislative Council to inquire into matters relating to the post-service work of Mr Leung Chin-man. Angela joined the Advisory Unit in December 2009.

Angela is happy with her career in the government. "I find the job very challenging and the department has provided me with opportunities to gain experience in different areas of the law," she says.

Outside work, Angela has been a committee member of the Department of Justice Mess and the Staff Club, and taken part in various musical events organised by the department, including Christmas carolling. She also likes practising yoga in her spare time. "Yoga rejuvenates me both physically and mentally. It helps to recharge my energy so that I can face the challenges each day brings."