The Legislative Council Panel on Judiciary Services held a meeting today (9th), and some members were concerned about the practice of the Department of Justice in employing external lawyers in litigation.
Chen Manqi, a member of the election committee who is a solicitor herself, followed the Civil Service Commission and asked the Department of Justice and outsourced prosecutors whether they would need to study the theory of socialism with Chinese characteristics and "11 He insisted," and asked whether the outgoing prosecutor would be required to take an oath as a public official.
Leung Mei Fun, who is a legal scholar herself, also questioned that the Department of Justice relies too much on outsourced lawyers to help "litigate".
The Secretary for Justice, Zheng Ruohua, responded that the Administration is currently reviewing the issue of oaths, and it is inconvenient to respond at the moment, but it is believed that a decision will be made soon on whether an oath is required to exercise public office.
She also emphasized that she has always "absolutely encouraged" colleagues from the Department of Justice to participate in the court case in person, but stressed that she has always sought out counsel for work according to the actual situation, and some complex cases will be handled by relevant experts.
(screenshot of the meeting)
In the online video conference, Chen Manqi asked the Department of Justice whether it would consider distributing more practice materials in the Greater Bay Area to the industry, setting up a practice consultation center in the Greater Bay Area, and even setting up a hotline. He is a barrister in private practice, but he is also a public officer during his employment, so he asked whether this profession requires an oath in the future.
Zheng Ruohua believes that Chen Manqi's suggestion on the market information of the Greater Bay Area can be considered, but he pointed out that it may not be easy to do because it needs to be discussed with the mainland.
During the probationary period for lawyers of the Department of Justice, they must take a course on basic principles of Chinese law
In terms of training on national conditions, Zheng said that the Department of Justice has conducted three courses on basic principles of Chinese law, and lawyers of the Department of Justice must take this course during the three-year trial period. Experts in the class shared the development of the country. She learned that the Civil Service Academy will also have similar courses. Require.
Zheng Ruohua mentioned that the Department of Justice also has a lot of international training work, such as sending government lawyers to participate in the work of Asian investment banks, inviting outsiders such as university professors to conduct investment law training, WTO-related training, etc. The Department of Justice also has plans to allow private lawyers and public lawyers Exchange positions for work exchange, learn the work situation and development of both parties.
As for whether the external prosecutor has requested allegiance and oath, Zheng Ruohua pointed out that the authorities are currently reviewing and cannot respond at the moment, but he believes that a decision will be made soon. He mentioned that there is a need for follow-up under the National Security Law. Provide legal advice.
(screenshot of the meeting)
Leung Mei Fen worries about the lack of manpower in the Department of Justice due to the legislation of Article 23
The government is in the process of drafting the legislation on Article 23 of the Basic Law. Leung Mei-fun asked the Department of Justice whether the manpower was ready. She also mentioned that the "habitual" situation of the Department of Justice's outsourcing of barristers to court cases was not ideal. She emphasized that the Department of Justice's handling of cases is related to the public. It is believed that people who are promoted internally should be dealt with.
In response, Zheng Ruohua admitted that the Department of Justice has a large workload, and the more manpower, the better, and 23 articles have a dedicated team to deal with.
However, she stressed that the requirements cannot be lowered because of the need to find someone.
She also pointed out that colleagues of the Department of Justice are "absolutely encouraged" to participate in court cases in person, and they have even arranged for training in civil case skills.
However, she also explained that government lawyers do not have lawyers and barristers themselves, and they have considered resources. She emphasized that they are looking for outsourced barristers to work according to the situation. The relevant personnel are not habitually hiring individual barristers, but in some cases Find relevant experts.
Refers to cases that should be handled in a timely manner but should not be transferred to other levels of court as soon as possible
It has been more than a year since everyone was arrested for the National Security Law case of the pro-democracy 35+, and the case has not yet been tried.
When asked how to deal with the case as soon as possible, Zheng Ruohua emphasized that the Department of Justice did not delay, but the case involved a lot of procedures and personnel. For example, translation work also needs to be certified. "Of course I don't want the matter to be handled slowly."
In response to Xie Weijun's question, she emphasized that all cases should be handled as soon as possible. Even in the "National Security Law", she said that it should be handled in a timely manner, but she said that procedural justice should be taken into account, and at the same time, it should not be arranged to be handled by courts at other levels because of the desire to speed up.
Jian Huimin, a member of the election committee who is the general counsel of the Bank of China, asked whether there are plans to provide training to judges designated by the "Hong Kong National Security Law".
Leung Yuet-yin, Administrator of the Judiciary, said that the Judiciary has always attached great importance to training and has also provided relevant training on Chinese law. For example, there was a series of lectures in April last year, and in December, events were also held on the role of the state and the judicial system. Chinese legal experts were invited to share. In addition to judges, practicing lawyers and the Department of Justice also participated.
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