Chapter 2

The Legal System

‘Our judicial independence is premised on the solid infrastructure
that has been laid down primarily in the Basic Law –
the security of tenure, the immunity of judges, the non-revolving door,
and importantly the expressed provision in Article 85 of the Basic Law
that guarantees judicial independence, free from any interference’
– Secretary for Justice, Ms Teresa Cheng Yeuk-wah, SC,
at the ceremonial opening of the Legal Year 2021.

The legal system of the Hong Kong Special Administrative Region (HKSAR) of the People’s
Republic of China (PRC) differs from that of the Mainland, and is based on the common law.

Basic Law
The HKSAR’s constitutional framework is provided by the Basic Law, enacted by the National
People’s Congress (NPC) under Article 31 of the Constitution of the PRC.

Since the establishment of the HKSAR on 1 July 1997, the gradual development of a body of
jurisprudence on the Basic Law has reinforced its effectiveness in determining the rights and
freedoms guaranteed to the people of Hong Kong.

Law in HKSAR
As provided in Article 18 of the Basic Law, the laws in force in the HKSAR are:

• the Basic Law;

• the laws previously in force in Hong Kong before 1 July 1997 (including the common
law, rules of equity and customary law as well as statutory law as referred to in Article 8 of
the Basic Law), other than those not adopted as laws of the HKSAR in accordance with
the Decision by the NPC’s Standing Committee (NPCSC) made under Article 160 of the
Basic Law because they contravened the Basic Law;

• laws enacted by the HKSAR’s legislature which, according to Article 11(2) of the Basic
Law, shall not contravene the Basic Law; and

• the national laws listed in Annex III to the Basic Law and as applied to the HKSAR by way
of promulgation or legislation.
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Under Article 158 of the Basic Law, the power of interpretation of the Basic Law is vested in the
NPCSC. Hong Kong courts are authorised to interpret the Basic Law in adjudicating cases.
x
National laws that may be added to Annex III to the Basic Law by the NPCSC are confined to
x
those relating to defence and foreign affairs, and other matters outside the HKSAR’s autonomy.

The Chinese and English texts of the HKSAR’s legislation are equally authentic. The Hong Kong
e-Legislation website provides current and past versions of consolidated legislation dating back
to 30 June 1997 and copies of legislation marked ‘verified copy’ have legal status. The hard-copy
loose-leaf edition of legislation is being phased out. 1

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Continuation of Common Law System and Judicial System 3
The common law system has been maintained by the Basic Law since the PRC’s resumption of
the exercise of sovereignty over Hong Kong on 1 July 1997 through the continuation of the
application of the laws previously in force in Hong Kong.

The judicial system previously practised in Hong Kong has been maintained except for those
changes consequent upon the establishment of the Hong Kong Court of Final Appeal on 1 July
1997, which replaced the Judicial Committee of the Privy Council as the appellate court
exercising the power of final adjudication for Hong Kong. Pursuant to the Basic Law, judges
from other common law jurisdictions have been invited to sit on the Court of Final Appeal since
1 July 1997.

Judges, magistrates and other judicial officers are appointed by the Chief Executive on the
recommendation of the independent Judicial Officers Recommendation Commission, which is
chaired by the Chief Justice of the Court of Final Appeal, with the Secretary for Justice, two
other judges, two persons from the legal profession and three lay persons as members. Under
the Basic Law, judges shall be chosen on the basis of their judicial and professional qualities
and may be appointed from other common law jurisdictions. The Basic Law also provides
that judges may be removed from office only for inability to discharge their duties or for
misbehaviour, on the recommendation of a tribunal appointed by the Chief Justice and
consisting of at least three local judges. Articles 2 and 19 of the Basic Law provide that the
HKSAR enjoys independent judicial power, including that of final adjudication, which is vested
in the Court of Final Appeal under Article 82. Pursuant to Article 85 of the Basic Law, the HKSAR
courts shall exercise judicial power independently, free from any interference.

Legal Protection for Rights of the Individual

Chapter III of the Basic Law prescribes the fundamental rights and duties of Hong Kong
residents. Among others, Article 39 provides that the provisions of the International Covenant
on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural
Rights (ICESCR), and international labour conventions as applied to Hong Kong shall remain in
force and shall be implemented through the laws of the HKSAR.

Protection against discrimination is provided for in the Sex Discrimination Ordinance, Disability
Discrimination Ordinance, Family Status Discrimination Ordinance and Race Discrimination
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Ordinance, which are enforced by the Equal Opportunities Commission, while the Personal
Data (Privacy) Ordinance, which is administered by the Privacy Commissioner for Personal Data,
protects the privacy of individuals in relation to personal data.

Fifteen international human rights treaties are applicable to Hong Kong. Some of these are
implemented in the HKSAR by specific legislation, such as the Hong Kong Bill of Rights
Ordinance, which implements the provisions of the ICCPR as applied to Hong Kong, while
others are implemented by various legislative measures. Seven of these (the ICCPR; ICESCR;
International Convention on the Elimination of All Forms of Racial Discrimination; Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention
on the Rights of the Child; Convention on the Elimination of All Forms of Discrimination against
Women; and United Nations (UN) Convention on the Rights of Persons with Disabilities) require
states parties to submit periodic reports and other requested information to UN treaty
monitoring bodies. With the exception of the ICCPR, which does not apply to the Mainland of
China, the HKSAR submits these reports as part of corresponding reports submitted by China,
and HKSAR teams attend hearings of the relevant treaty bodies as part of the Chinese
delegation. The HKSAR delegation attends ICCPR hearings under the leadership of the Chinese
Permanent Representative and Ambassador to the UN. In addition, the UN Human Rights
Council conducts a Universal Periodic Review of the human rights situation in all UN member
states.

Department of Justice
The Department of Justice, headed by the Secretary for Justice, plays a significant role in the
legal system and in upholding the rule of law in Hong Kong. The Secretary for Justice is the
government’s chief legal adviser and represents the government in all actions brought by,
or against, it. The Secretary for Justice also has a constitutional duty to make prosecutorial
decisions independently, free from any interference.

There are six legal divisions in the department.

The Civil Division provides legal advice on civil matters to the government and represents the
government in the conduct of all civil claims and disputes, including judicial review. The division
is also responsible for implementing initiatives to promote mediation and arbitration services in
Hong Kong.

The Constitutional and Policy Affairs Division advises government departments and bureaus
on whether proposed legislation, or a particular policy, is consistent with the Basic Law,
international human rights standards as applied in Hong Kong, and established principles
underlying the legal system. The division is also responsible for new legislation promoted by
the Secretary for Justice. It also has a specialist unit which addresses the need for advice on
Mainland law and promotes understanding and cooperation between the two places in
relation to legal and dispute resolution matters.

The International Law Division provides legal advice on public international law to the
government, negotiates international agreements or provides legal advisers for such
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negotiations, and handles requests for legal cooperation between the HKSAR and other
jurisdictions.

The Law Drafting Division drafts all legislation proposed by the government, vets the form of
draft legislation proposed by non-governmental bodies, and updates the consolidated
legislation on the Hong Kong e-Legislation website.

The National Security Prosecutions Division, established in accordance with the Law of the
People’s Republic of China on Safeguarding National Security in the Hong Kong Special
Administrative Region, is responsible for the prosecution of offences endangering national
security and other related legal work.

The Prosecutions Division prosecutes trials and appeals on behalf of the HKSAR, and provides
legal advice to law enforcement agencies upon request. By virtue of Article 63 of the Basic Law,
the department controls all criminal prosecutions, free from interference. In conducting
prosecution work, the division’s prosecutors must make an objective and professional
assessment of the available evidence and applicable law, and act in accordance with the
Prosecution Code.

The Inclusive Dispute Avoidance and Resolution Office was established under the Secretary for
Justice’s Office in 2019. Its work includes planning and taking forward initiatives to strengthen
Hong Kong as an ideal hub for deal-making and dispute resolution, as well as promoting the
rule of law and inclusive development in the Asia-Pacific region and beyond.

In 2021, the department saw some developments and achievements under the following
policy objectives.

International Legal and Dispute Resolution Services

Guangdong-Hong Kong-Macao Greater Bay Area Development
The inaugural Greater Bay Area Legal Professional Examination was held in Hong Kong in July.
Passing candidates are given intensive training by the Guangdong Lawyers Association and,
on obtaining the relevant lawyer’s practise certificate, can practise specific areas of Mainland
law in the nine Mainland municipalities of the Guangdong-Hong Kong-Macao Greater Bay Area
(GBA).

To facilitate high-level cooperation among the legal departments of Guangdong, Hong Kong
and Macao in setting standards and promoting mediation, the GBA Mediation Working Group
was set up to discuss various standards applicable to GBA mediators, which were endorsed at
the third GBA Joint Conference meeting in December.

Mutual Cooperation/Assistance with the Mainland Authorities

In May, the Arbitration Ordinance was amended to implement a supplemental arrangement,
signed with the Mainland in 2020, that will bring the existing mechanism for mutual
enforcement of arbitral awards between the Mainland and Hong Kong more in line with
international practice.
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Also in May, a record of meeting was signed with the Mainland to establish a mechanism
under which Hong Kong liquidators or provisional liquidators may apply to certain Mainland
courts in the designated pilot areas of Shanghai, Xiamen and Shenzhen for recognition of and
assistance in insolvency and debt restructuring proceedings in Hong Kong. Such assistance
may include an investigation into the debtor’s financial position and taking over the debtor’s
property.

During July, records of meeting were signed with the Supreme People’s Court and the Supreme
People’s Procuratorate to facilitate exchanges, cooperation and training in legal and dispute
resolution services between the Mainland and Hong Kong. A framework arrangement
concerning legal talent exchange and training cooperation was also concluded with the
Ministry of Justice to develop more two-way cooperation channels. To enhance experience and
knowledge exchanges between Mainland enterprises and the Hong Kong legal profession, a
memorandum of cooperation under the tripartite communication platform was entered
between the department, the Department of Treaty and Law of the Ministry of Commerce and
the Bureau of Policies, Laws and Regulations of the State-owned Assets Supervision and
Administration Commission of the State Council.

International Cooperation and Promotion

Hong Kong is authorised under the Basic Law to conduct relevant external affairs and use the
name ‘Hong Kong, China’ to conclude and implement agreements with foreign states and
regions and international organisations in appropriate fields, including economic, trade,
financial and monetary, shipping, communication, tourism, cultural and sports.

As members of the Chinese delegation, the department’s counsel participated in various

meetings of the Hague Conference on Private International Law (HCCH), the United Nations
Commission on International Trade Law (UNCITRAL), and the International Institute for the
Unification of Private Law (UNIDROIT ). The department’s counsel also took part in UNCITRAL
working groups related to investor-state dispute settlement reform and the judicial sale of ships.
With the support of the Central People’s Government (CPG), the department also co-organised
with UNCITRAL intersessional events that contributed to international rule-making on
investment mediation, including hosting a meeting in Hong Kong in October.

The department organised various international capacity building events, including the fourth
UNCITRAL Asia Pacific Judicial Summit as well as a workshop on online dispute resolution in
collaboration with the Association of Southeast Asian Nations (ASEAN) Secretariat, under the
free trade agreement between Hong Kong, China and ASEAN member states, during Hong
Kong Legal Week.

The department played a leading role in developing the Enhanced Asia-Pacific Economic
Cooperation (APEC) Agenda for Structural Reform to further the work under the APEC
Collaborative Framework for Online Dispute Resolution of Cross-Border Business-to-Business
Disputes that Hong Kong opted into, and entered into a memorandum of understanding with
the APEC Secretariat to create and contribute to a sub-fund to strengthen economic legal
infrastructure.
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The Asian-African Legal Consultative Organisation, dedicated to international law spanning Asia
and Africa, hosted its annual session in Hong Kong for the first time from 29 November to
1 December. The Secretary for Justice, Ms Teresa Cheng Yeuk-wah, SC, was elected president
and chaired the three-day meeting. An agreement was signed between the CPG and the
organisation on 10 November to establish a regional arbitration centre in Hong Kong.

LawTech Development
A fund was established in 2021 to develop the Hong Kong Legal Cloud providing safe, secure
and affordable data storage services for local legal and dispute resolution industries.

Pursuant to the memorandum of understanding signed between the department and

UNCITRAL, a project office for collaboration was established to work on the greater use of
technology in international trade, including online dispute resolution. The Inclusive Global
Legal Innovation Platform for Online Dispute Resolution, of which the project office acts as
secretariat, was set up to explore international developments in online dispute resolution.

Education on the Constitution, Basic Law and National Security

National Security Law Legal Forum
To enhance understanding and awareness of the national security law, the department held a
legal forum in July, bringing together legal experts and academics to discuss and exchange
views on the construction and application of the national security law. The department also
published with the Security Bureau a booklet of articles and reference materials on the national
security law, which was distributed to legal professionals, academics and students to deepen
their understanding of the law.

Strengthening Local Rule of Law Education

Vision 2030 for Rule of Law
Following the launch of the Vision 2030 for Rule of Law initiative in 2020, which seeks to
promote understanding and recognition of the rule of law and contribute to the sustainable
development of inclusive and rule-based societies at both local and international levels, the rule
of law database was launched during Hong Kong Legal Week in November 2021. Activities
promoting the rule of law and Basic Law education under the ‘3Es’ – engagement,
empowerment and enrichment – were organised and the Rule of Law Enlightenment
programme was introduced. The department also helped prepare teaching materials on the
rule of law.

Attracting and Retaining Legal Talent

The department supports the development of local legal talent by offering internships and
placements, and by engaging less experienced lawyers to undertake court work.

The department reached an agreement with the Hague Academy of International Law to
organise regular courses in Hong Kong, starting in 2022, on international law, together with the
Asian Academy of International Law, to provide training for legal professionals in Hong Kong
and neighbouring regions.
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Secondment arrangements with various international organisations, such as the Asian

Infrastructure Investment Bank, HCCH, UNCITRAL and UNIDROIT, provide training and
employment opportunities for Hong Kong legal professionals from both the private and public
sectors.

Combined DoJ Glossaries of Legal Terms

To promote legal bilingualism, the Department of Justice published in 2021 the electronic
Combined DoJ English-Chinese and Chinese-English Glossaries of Legal Terms for public use.
They contain entries from all divisions of the department, link to relevant materials such as
legislative examples and are easily searchable.

The Judiciary
As prescribed in the Basic Law, the HKSAR has been authorised by the NPC to exercise
independent judicial power, including the power of final adjudication. It has also been stated in
express terms that the HKSAR’s courts shall exercise judicial power independently, free from any
interference. Members of the judiciary shall be immune from legal action in the performance of
their judicial functions. As reflected in their judicial oath, in exercising their judicial power,
judges are constitutionally required to determine and handle cases strictly in accordance with
the law and legal principles.

In line with the principle of judicial independence, the pay and conditions of service of judges
and judicial officers is determined by the Chief Executive-in-Council on the advice of an
independent Standing Committee on Judicial Salaries and Conditions of Service.

The Chief Justice is the head of the Judiciary, assisted in its overall administration by the
Judiciary Administrator.

The Court of Final Appeal, headed by the Chief Justice, is the HKSAR’s highest appellate court.
There are three permanent judges, four non-permanent Hong Kong judges and 12 non-
permanent judges from other common law jurisdictions. The court, when sitting, will comprise
five judges – usually the Chief Justice, three permanent judges and one non-permanent judge
from another common law jurisdiction. If the Chief Justice is not available to sit, one of the three
permanent judges will preside and an additional Hong Kong non-permanent judge will sit. If a
permanent judge is not available to sit, again a Hong Kong non-permanent judge will sit in his
place. The Registrar deals mainly with interlocutory and taxation matters.

The High Court, comprising the Court of Appeal and Court of First Instance, is headed by the
Chief Judge of the High Court. There are 14 Justices of Appeal and 34 Judges of the Court of
First Instance on the establishment. The Registrar, Senior Deputy Registrars and Deputy
Registrars deal mainly with interlocutory and taxation matters.

The Court of Appeal hears civil and criminal appeals from the Court of First Instance,
Competition Tribunal, District Court and Lands Tribunal. The Court of First Instance has
unlimited jurisdiction in all civil and criminal matters. Civil matters are usually tried by Court of
First Instance judges sitting without juries, although there is a rarely used provision for jury trials
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in certain cases, including defamation. Unless the law stipulates otherwise, serious criminal
offences in the Court of First Instance are tried by a judge with a jury of seven or, when a judge
so orders, a jury of nine. The Court of First Instance also hears appeals from the Magistrates’
Courts, Labour Tribunal, Small Claims Tribunal and Obscene Articles Tribunal as well as appeals
from the Minor Employment Claims Adjudication Board.

The Competition Tribunal has primary jurisdiction to hear and adjudicate competition-related
cases. All judges of the Court of First Instance are members of the tribunal, while the Registrar,
Senior Deputy Registrars and Deputy Registrars of the High Court hold the corresponding
positions in the tribunal.

The District Court, which also includes the Family Court, is led by the Chief District Judge, who
is assisted by the Principal Family Court Judge. There are, at present, 42 District Judges on the
establishment. The Registrar and Deputy Registrars deal mainly with civil interlocutory matters
and taxation of costs. The District Court has civil and criminal jurisdiction and powers as are
conferred upon it by enactment. Its general civil jurisdiction is limited to claims up to $3 million,
or for recovery of land where the annual rent, rateable value or annual value of the land does
not exceed $320,000. The maximum sentencing power in criminal cases is seven years’
imprisonment. There is no jury trial in the District Court.

The Family Court has 10 courts. It hears applications pertaining to divorce, separation and
related family and matrimonial matters such as applications concerning children and financial
relief. Notwithstanding the District Court’s limited general civil jurisdiction, there is no monetary
limit in the Family Court. It also deals with applications under domestic violence legislation and
the Inheritance (Provision for Family and Dependants) Ordinance. Most hearings are conducted
in private, save for defended divorces and enforcement actions.

The seven Magistrates’ Courts process about 90 per cent of criminal cases. Led by the Chief
Magistrate, the team, excluding Deputy Magistrates, comprises seven Principal Magistrates,
62 Permanent Magistrates and one Special Magistrate. Magistrates exercise criminal jurisdiction
over a wide range of offences. Their sentencing power is generally limited to two years’
imprisonment and a $100,000 fine, though statutory provisions empower them to impose up
to three years’ imprisonment and a $5 million fine. They handle cases in the Juvenile Courts,
which deal with offences, except homicide, committed by children and young persons below
the age of 16. In addition to Permanent and Deputy Magistrates, Special Magistrates can also
handle departmental summonses for offences such as traffic contraventions, but their
sentencing power is limited to imprisonment for six months and a maximum fine of $50,000 or
as specified in their warrants of appointment.

The Lands Tribunal is led by a President who is a High Court Judge and comprises presiding
officers who are District Judges and members who may be experienced professional surveyors.
The tribunal handles tenancy claims, building management matters, rating and valuation
appeals, applications for the compulsory sale of land for redevelopment, and compensation
assessments when land is resumed by the government or reduced in value by development.
The Labour Tribunal handles claims arising from employment contracts and the Employment
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Ordinance. The Small Claims Tribunal handles civil claims of up to $75,000. The Obscene Articles
Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted
by authors and publishers. The Coroner’s Court conducts inquests into the causes and
circumstances of a death.

According to the Basic Law and Official Languages Ordinance, the courts can use either or both
Chinese and English, the two official languages, in any proceedings.

Legal Aid
Publicly funded legal aid services are provided through the Legal Aid Department and the Duty
Lawyer Service. Legal aid ensures a person who has reasonable grounds for taking or defending
a legal action in Hong Kong courts is not prevented from doing so because of a lack of means.

Legal Aid in Civil Cases

The department runs an Ordinary Legal Aid Scheme for civil proceedings in the District Court,
Court of First Instance, Court of Appeal and Court of Final Appeal; applications to the Mental
Health Review Tribunal; and death inquests if the interests of public justice so require. Major
types of cases covered include family disputes, personal injury claims, employment disputes,
disputes related to landed properties, contractual disputes, immigration matters and
professional negligence claims.

The department provides legal aid services to eligible applicants who pass both means test
and merits test regardless of their place of residence or nationality. The means test requires
applicants to show their financial resources (the sum of the person’s annual disposable income
and total disposable capital after deducting a statutory allowance and certain deductible items)
do not exceed $420,400. For applicants aged 60 or above, the test also disregards the first
$420,400 when calculating the disposable capital.

The Director of Legal Aid may waive the statutory financial eligibility limit in meritorious cases
where a breach of the Hong Kong Bill of Rights Ordinance or an inconsistency with the ICCPR
as applied to Hong Kong is an issue.

The merits test requires applicants to satisfy the director that there are reasonable grounds for
bringing or defending the civil proceedings.

The department will arrange a solicitor and/or a barrister to act for the eligible applicant after
legal aid is granted. Aided persons may have to pay a contribution, depending on their financial
resources, and are required to repay all the expenses incurred in the proceedings that are not
recovered from the opposite party out of the property recovered or preserved on their behalf
in the proceedings.

An applicant who is refused civil legal aid may appeal to the Registrar of the High Court or, for
Court of Final Appeal cases, to a Review Committee chaired by the Registrar of the High Court
and with a barrister and a solicitor as members.
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Supplementary Legal Aid Scheme

This scheme helps people whose financial resources exceed the Ordinary Scheme’s limit,
allowing an eligibility limit of $2,102,000. The scheme covers the following types of cases where
the claim is likely to exceed $75,000: personal injury or death claims; medical, dental or
professional negligence claims against nine professions; negligence claims against insurers or
their intermediaries in respect of the taking out of personal insurance products; monetary
claims against vendors in the sale of first-hand residential properties; professional negligence
claims against certain financial intermediaries under the Securities and Futures Ordinance; and
certain monetary claims in respect of derivatives of securities, currency futures or other futures
contracts. It also covers employees’ compensation claims and representation for employees in
appeals against awards made by the Labour Tribunal regardless of the amount in dispute.

The scheme is self-financing, being funded by contributions from aided persons and a
percentage payment deducted from damages or compensation recovered on their behalf.

Legal Aid in Criminal Cases

Legal aid is available under the Ordinary Legal Aid Scheme for committal proceedings in the
Magistrates’ Courts, criminal trials in the District Court and the Court of First Instance and
appeals from the Magistrates’ Courts and appeals to the Court of Appeal and the Court of Final
Appeal. Applicants who pass the means test receive legal aid for trial, provided the Director of
Legal Aid is satisfied it is desirable in the interests of justice to grant legal aid.

The director has the discretion to grant legal aid in a criminal case where the applicant’s
financial resources exceed the eligibility limit, if the director is satisfied it is desirable in the
interests of justice to do so, subject to the payment of a contribution at higher rates calculated
according to the applicant’s financial resources.

An applicant who passes the means test but is refused legal aid may apply to a judge for legal
aid to be granted. The Review Committee hears appeals against the refusal of legal aid for
appeals to the Court of Final Appeal.

Legal Aid Cases in 2021

Civil Cases Criminal Cases
Ordinary Supplementary Ordinary
Scheme Scheme Scheme
Number of applications 11,683 192 3,209
Number of certificates granted 4,821 95 2,431
Amount of legal $723.4 million $12 million* $344.7 million
expenditure incurred
Monies recovered $1,312.1million $77.1 million* N/A
* The figures are unaudited.

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Official Solicitor
The Director of Legal Aid is also the Official Solicitor, appointed under the Official Solicitor
Ordinance. The Official Solicitor’s main duties are to act as ‘guardian ad litem’ or ‘next friend’ in
legal proceedings for persons under a disability of age or who are mentally incapacitated, as
representative of deceased persons’ estates for the purpose of legal proceedings, as Official
Trustee and Judicial Trustee, and as committee of the estate of mentally incapacitated persons.
In 2021, the Official Solicitor took up 282 new cases.

Legal Advice Scheme for Unrepresented Litigants on Civil Procedures

The Legal Advice Scheme for Unrepresented Litigants on Civil Procedures under the
Administration Wing, Chief Secretary for Administration’s Office, provides free legal advice on
civil procedural matters for unrepresented litigants. Applicants whose income does not exceed
$50,000 per month or $600,000 per year and have not engaged lawyers, nor been granted legal
aid, are eligible. The scheme covers litigants who commence or are parties to civil legal
proceedings in the Lands Tribunal, Family Court, District Court or courts at levels above. In 2021,
a total of 2,781 advice sessions were given to eligible applicants.

Director of Intellectual Property

The office of the Director of Intellectual Property runs the Intellectual Property Department,
which operates four registries for trademarks, patents, designs and copyright licensing bodies.
With regard to intellectual property, the department makes recommendations on policy and
legislation, provides civil legal advice to the government, and promotes public awareness of
and respect for intellectual property rights. It also facilitates and promotes Hong Kong’s
development as a regional intellectual property trading centre.

Equal Opportunities Commission

The Equal Opportunities Commission is an independent statutory body that implements anti-
discrimination legislation. There are four anti-discrimination ordinances: the Sex Discrimination
Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and
Race Discrimination Ordinance. The commission’s functions include working towards the
elimination of discrimination on the grounds of sex, marital status, pregnancy, breastfeeding,
disability, family status and race, and towards the elimination of sexual harassment, harassment
on the grounds of breastfeeding, and harassment and vilification on the grounds of disability
and race.

In 2021, the commission received 2,501 enquiries and 1,007 complaints relating to the four
ordinances. A total of 152 complaint cases were conciliated successfully.

Office of the Privacy Commissioner for Personal Data

The Office of the Privacy Commissioner for Personal Data is an independent statutory body
established under the Personal Data (Privacy) Ordinance to monitor, supervise and promote
compliance with the ordinance.
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In 2021, the office received 3,151 complaints, 17,651 enquiries and 31 matching procedure
consent applications. It also conducted 383 compliance actions and published 12 guidance
notes.

The office organised 396 talks, seminars, workshops and meetings with stakeholders to promote
public and industry knowledge and understanding of personal data privacy, including
23 professional workshops for data users.

Websites
Administration Wing, Chief Secretary for Administration’s Office: www.admwing.gov.hk
Combined DoJ English-Chinese and Chinese-English Glossaries of Legal Terms:
www.glossary.doj.gov.hk
Constitutional and Mainland Affairs Bureau: www.cmab.gov.hk
Department of Justice: www.doj.gov.hk
Equal Opportunities Commission: www.eoc.org.hk
Hong Kong e-Legislation: www.elegislation.gov.hk
Hong Kong’s legal services: www.legalhub.gov.hk
Intellectual Property Department: www.ipd.gov.hk
Judiciary: www.judiciary.hk
Legal Aid Department: www.lad.gov.hk
Office of the Privacy Commissioner for Personal Data: www.pcpd.org.hk
Treaties and international agreements: www.doj.gov.hk/eng/laws/treaties.html

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