View source for Secretary for Justice

{{Short description|Chief legal advisor of the Hong Kong chief executive}}
{{Use Hong Kong English|date=December 2018}}
{{Use dmy dates|date=December 2018}}

{{For|the pre-1999 public office in Macau|Secretary for Justice (Macau)}}{{Infobox Political post
| post = Secretary for Justice
| body = the<br>[[Hong Kong Special Administrative Region|Hong Kong Special<br>Administrative Region]]
| insignia = Regional Emblem of Hong Kong.svg
| insigniasize = 100px
| insigniacaption = [[Emblem of Hong Kong]]
| image = Paul Lam 2023.jpg
| incumbent = The Hon [[Paul Lam]], [[Silver Bauhinia Star|SBS]], [[Senior Counsel|SC]], [[Justice of Peace|JP]]
| incumbentsince = 1 July 2022
| style = [[The Honourable]]
| member_of = [[Government Secretariat (Hong Kong)|Government Secretariat]]<br/>[[Executive Council of Hong Kong|Executive Council]]
| reports_to = [[Legislative Council of Hong Kong|Legislative Council]]
| residence = 19 Severn Road, [[The Peak (Hong Kong)|The Peak]]
| appointer = [[Central People's Government]]
| appointer_qualified = nomination by [[Chief Executive of Hong Kong|Chief Executive]]
| termlength = No longer than the Chief Executive's remaining term
| formation = 1 July 1997
| inaugural = [[Elsie Leung]]
| website = [http://www.doj.gov.hk/ DOJ]
| salary = [[HK$]]4.2 million p.a.<ref>{{cite web|url=https://www.info.gov.hk/gia/general/201612/12/P2016121200324.htm|title=Remuneration package for Politically Appointed Officials serving in fifth-term HKSAR Government|website=Hong Kong Government}}</ref>
| native_name = <small>{{lang|zh|律政司司長}}</small>
}}
{{Chinese
| order = ts
| t = 律政司司長
| s = 律政司司长
| j = leot6 zing3 si1 si1 zoeng2
| p = Lǜzhèngsī Sīzhǎng
}}
{{Politics of Hong Kong}}

The '''secretary for justice''' ({{zh|t=律政司司長}}) is the head of the [[Department of Justice (Hong Kong)|Hong Kong Department of Justice]], the chief legal advisor to the [[Chief Executive of Hong Kong|chief executive of Hong Kong]] and the government, and the chief law enforcement officer of the [[Government of Hong Kong]].<ref>{{Cite web |title=Department of Justice - DOJ2015 - Introduction - The role of the Secretary for Justice |url=https://www.doj.gov.hk/doj2015/en/introduction/role.html |access-date=2025-06-03 |website=www.doj.gov.hk}}</ref> Before the [[transfer of sovereignty over Hong Kong]] in 1997, the position was known as the [[Attorney-General]] of [[British Hong Kong|Hong Kong]].

The secretary for justice, nominated by the [[Central People's Government|Chinese government]] on the advice of the [[Chief Executive of Hong Kong|chief executive]], is an ''ex officio'' member of the [[Executive Council of Hong Kong]]. The secretary takes office after appointment by the [[Central People's Government|Government of the People's Republic of China]], which is responsible for Hong Kong's [[diplomacy|foreign affairs]] and [[Military|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]],<ref>Article 53, Hong Kong Basic Law</ref> which guarantees the power of the Department of Justice to control criminal prosecutions free from any interference.<ref>Article 63, Hong Kong Basic Law</ref> The position is normally held by a [[Jurist|legal professional]], and was, before July 2002, a civil service position. The secretary for justice, after the [[Chief Secretary for Administration|chief secretary]] and the [[Financial Secretary (Hong Kong)|financial secretary]], is one of the three highest [[Principal officials of Hong Kong|Principal Officials of the Government]]. 
 
The current secretary for justice is [[Paul Lam]], [[Silver Bauhinia Star|SBS]], [[Senior Counsel|SC]], [[Justice of Peace|JP]].

==History==

=== Before 1997 ===
Before the [[Transfer of sovereignty over Hong Kong|1997 handover to China]], the position was known as the '''[[Attorney General#Hong Kong|attorney general]]''' ({{zh|t=律政司}}), and the department was known as the [[Legal Department]] ({{zh|t=律政署}}) and was also known as the '''Attorney General's Chambers''' ({{zh|t=律政司署}}). The attorney general was appointed by the secretary of state in charge of colonial affairs (first the [[Secretary of State for the Colonies|secretary of state for the colonies]], later the [[Foreign Secretary (United Kingdom)|foreign secretary]]) in consultation with the [[Governor of Hong Kong|Governor]].<ref>{{Cite web |title=Legal system in Hong Kong |url=https://digitalrepository.lib.hku.hk/catalog/4f16d8825#?c=&m=&s=&cv=40&xywh=-809,-165,3116,2408 |access-date=2024-12-19 |website=digitalrepository.lib.hku.hk |language=en}}</ref>

The office of the attorney general was never localized during British rule and no Hong Kong Chinese ever held this key post.

=== After 1997 ===
The position was renamed as the secretary for justice upon the transfer of sovereignty from the United Kingdom to China. Upon her appointment on 1 July 1997, [[Elsie Leung]] became the first woman and first Hong Kong Chinese to hold the post. She was also the second solicitor to serve in the role.

With the introduction of the [[Principal Officials Accountability System]] in 2002, the position has been filled by political appointees instead of civil servants.

==Role and duties==

=== Constitutional and statutory duties ===
Article 63 of the Basic Law empowers the Department of Justice to control all prosecutions, free from interference. As the head of the Department of Justice, the secretary of justice is required to discharge this constitutional duty independently, and has ultimate [[prosecutorial discretion]].<ref>{{Cite web |last=Hong Kong Department of Justice |title=Prosecutorial Independence - Continuity and Development |url=https://www.doj.gov.hk/en/publications/pdf/basiclaw/basic11_2.pdf |website=www.doj.gov.hk}}</ref> However, this discretion is typically exercised by the [[Director of Public Prosecutions (Hong Kong)|Director of Public Prosecutions]] on behalf of the secretary for justice.<ref>{{Cite web |title=Department of Justice - About Us - Organisation - Prosecutions Division |url=https://www.doj.gov.hk/en/about/orgchart_pd.html |access-date=2025-06-03 |website=www.doj.gov.hk}}</ref>

The secretary for justice represents the government in all [[Civil law (common law)|civil]] lawsuits against it, and as guardian of the public interest, may intervene in any case and bring applications for [[judicial review]] to enforce the public interest.

Under Article 53 of the Basic Law, the secretary for justice is the third in line, after the chief secretary and the financial secretary, to act as chief executive when he or she is on leave, outside Hong Kong, or when the position is otherwise temporarily vacant.

The secretary for justice also has a number of ex-officio roles, including being the Chairman of the [[Law Reform Commission of Hong Kong|Law Reform Commission]], Vice-Chairman of the Fight Crime Committee, and serves a member on the Chief Secretary for Administration’s Policy Committee, the [[Judicial Officers Recommendation Commission]] and the [[Independent Commission Against Corruption (Hong Kong)|Independent Commission Against Corruption’s]] Operations Review Committee.

The secretary for justice ranks fifth in the [[Hong Kong order of precedence]].

=== Deputies ===
In the course of discharging his or her duties as the chief legal advisor to the government, the secretary for justice is assisted by five law officers, namely:

* the [[Solicitor General of Hong Kong|Solicitor General]] who heads the Constitutional and Policy Affairs Division,
* the [[Director of Public Prosecutions]] who heads the [[Prosecutions Division (Hong Kong)|Prosecutions Division]],
* the [[Law Officers of the Crown|Law Officer (Civil Law)]] (formerly the Crown Solicitor) who heads the Civil Law Division,
* the [[Law Officers of the Crown|Law Officer (International Law)]] who heads the International Law Division, and
* the [[Parliamentary Counsel|Law Draftsman]] who heads the Law Drafting Division

(The Administration and Development Division is headed by an [[Administrative Officer (Hong Kong)|Administrative Officer]].)

==Official residence==

The secretary for justice has an official residence at 19 Severn Road, The Peak. The residence was opened in 1934 for the use of the then attorney general of Hong Kong.

==List of secretaries and attorneys general==
{{ - }}
===Attorneys general, 1844–1997===
{|class="wikitable"  style="text-align:left"
|-
! width=10px| {{Abbr|No.|Number}}
! width=80px| Portrait
! width=180px| Name
! width=150px|Took office
! width=150px|Left office
! width=400px|Notes
! width=50px|Ref
|-
| 1
| [[File:No image.svg|80px]]
| [[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
| [[File:Thomas Chisolm Anstey.jpg|80px]]
| [[Thomas Chisholm Anstey]]
| 1855
| 1859
| Former member of British Parliament 1847-1852. Practiced at [[Bombay]] bar after retirement.
|
|-
| 3
| [[File:William Henry Adams.jpg|80px]]
| [[William Henry Adams|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 the Supreme Court of Hong Kong|Chief Justice of Hong Kong]].
|
|-
| 4
| [[File:Sir John Jackson Smale.jpg|80px]]
| Sir [[John Jackson Smale|John Smale]]
| 1860
| 1866
| Appointed [[Chief Justice of the Supreme Court of Hong Kong|Chief Justice of Hong Kong]] 1866
|
|-
| 5
| [[File:Julian Pauncefote Chopped.jpg|80px]]
| 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
| [[File:Sir John Bramston.jpg|80px]]
|Sir [[John Bramston (Australian politician)|John Bramston]]
| 1873
| 1876
| Appointed Assistant Under Secretary of State in the [[Colonial Office]] 1876.
|
|-
| 7
| [[File:Sir George Philippo 1879-1882.jpg|80px]]
| Sir [[George Phillippo]]
| 1876
| 1879
| First non-[[British nationality law|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 the Supreme Court of Hong Kong|Chief Justice of Hong Kong]] 1882. In 1897 he became British High Consul in [[Geneva, Switzerland]].
|
|-
| 8
| [[File:Edward Loughlin O'Malley.png|80px]]
| Sir [[Edward Loughlin O'Malley|Edward O'Malley]]
| 1880
| 1889
| Appointed Chief Justice of the [[Straits Settlements]] 1889 and Chief Justice of [[British Guiana]] 1895.
|
|-
| 9
| [[File:William Meigh Goodman.jpg|80px]]
| Sir [[William Meigh Goodman|W. Meigh Goodman]], [[Queen's Counsel|QC]]/[[King's Counsel|KC]]
| 1890
| 1902
| Appointed [[Chief Justice of the Supreme Court of Hong Kong|Chief Justice of Hong Kong]] 1902.
|
|-
| 10
| [[File:Henry Spencer Berkeley.png|80px]]
| [[Henry Spencer Berkeley|Sir Henry Spencer Berkeley]], [[King's Counsel|KC]]
| 1902
| 1906<ref>{{London Gazette |issue=27478 |date=30 September 1902|page=6209}}</ref>
| Previously Chief Justice of Fiji 1889-1902. Retired to practice at Hong Kong bar 1906, but acted as AG in 1909.
|
|-
| 11
| [[File:William Rees-Davies.png|80px]]
| [[William Rees-Davies (judge)|Sir William Rees-Davies]], [[King's Counsel|KC]]
| 1907
| 1912
| Appointed [[Chief Justice of the Supreme Court of Hong Kong|Chief Justice of Hong Kong]] 1912.
|
|-
| 12
|[[File:John Bucknill, lawyer and judge.jpg|80px]]
| Sir [[John Alexander Strachey Bucknill|John Bucknill]], [[King's Counsel|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
| [[File:Sir Joseph Kemp.jpg|80px]]
| Sir [[Joseph Horsford Kemp|Joseph Kemp]], [[King's Counsel|KC]] 
| 1914
| 1930
| [[Puisne Judge]], Hong Kong, prior to appointment 1913-1914. Next appointed [[Chief Justice of the Supreme Court of Hong Kong|Chief Justice of Hong Kong]] 1930.
| 
|-
| 14
| [[File:Grenville_Alabaster.png|80px]]
| Sir [[C. Grenville Alabaster]], [[King's Counsel|KC]] 
| 1930
| 1941
| Interned in [[Stanley Internment Camp]] during [[World War II]] and retired after the war.
|
|-
| colspan=7| British administration suspended during Japanese occupation during [[World War II]]. Military Government from August 1945 to March 1946.
|-
| 15
| [[File:John Bowes Griffin.png|80px]]
| [[John Bowes Griffin]], [[King's Counsel|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
| [[File:no image.svg|80px]]
| [[Arthur Ridehalgh]], [[King's Counsel|KC]]/[[Queen's Counsel|QC]]
| 1952
| 26 November 1961
| Last AG to be a [[King's Counsel|KC]].  Retired on a pension.
|<ref name="gaz196111">{{cite journal |title=G.N. 2093 of 1961 |journal=[[Hong Kong Government Gazette]] |date=1 December 1961 |volume=103 |page=3108}}</ref>
|-
| 17
| [[File:no image.svg|80px]]
| [[Maurice Heenan]], [[Queen's Counsel|QC]]
| 4 December 1961
| 2 September 1966
| Non-[[British nationality law|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.
|<ref name="gaz1962">{{cite journal |title=G.N. 586 of 1962 |journal=[[Hong Kong Government Gazette]] |date=23 March 1962 |volume=104 |page=1116}}</ref><ref name="gaz1966">{{cite journal |title=G.N. 2282 of 1966 |journal=[[Hong Kong Government Gazette]] |date=9 September 1966 |volume=108 |page=2240}}</ref>
|-
| 18
| [[File:no image.svg|80px]]
| [[Denys Tudor Emil Roberts|Denys Roberts]], [[Queen's Counsel|QC]]
| 3 September 1966
| 29 September 1973
| Appointed [[Chief Secretary (British Empire)|Colonial/Chief Secretary]] (1973-1979) and then [[Chief Justice of the Supreme Court of Hong Kong|Chief Justice of Hong Kong]].  Retired on a pension.
|<ref name="gaz1966"/><ref name="gaz1973">{{cite journal |title=G.N. 2559 of 1973 |journal=[[Hong Kong Government Gazette]] |date=5 October 1973 |volume=115 |page=3839}}</ref>
|-
| 19
| [[File:no image.svg|80px]]
| [[John William Dixon Hobley|John Hobley]], [[Queen's Counsel|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.
| <ref name="gaz1973"/><ref name="gaz1979">{{cite journal |title=G.N. 1384 of 1979 |journal=[[Hong Kong Government Gazette]] |date=8 June 1979 |volume=121 |page=1681}}</ref>
|-
| 20
| [[File:no image.svg|80px]]
| [[John Calvert Griffiths|John Griffiths]], [[Queen's Counsel|QC]] 
| 4 June 1979
| 10 June 1983
| Last non-[[British nationality law|British]]-born AG - born in [[Persia]] (now [[Iran]]).  Entered private practice at the English and Hong Kong bars after retirement until 2012.
| <ref name="gaz1979"/><ref name="gaz1983">{{cite journal |title=G.N. 1773 of 1983 |journal=[[Hong Kong Government Gazette]] |date=10 August 1983 |volume=125 |page=2825}}</ref>
|-
| 21
| [[File:no image.svg|80px]]
| [[Michael David Thomas|Michael Thomas]], [[Queen's Counsel|QC]] 
| 11 June 1983
| 30 March 1988
| Last [[Queen's Counsel|QC]] to be AG.  Entered private practice at Hong Kong and English bars after retirement.
| <ref name="gaz1983"/><ref name="gaz1988">{{cite journal |title=G.N. 1082 of 1988 |journal=[[Hong Kong Government Gazette]] |date=10 August 1988 |volume=130 |page=1521}}</ref>
|-
| 22
| [[File:no image.svg|80px]]
| [[Jeremy Fell Mathews|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.
| <ref name="gaz1988"/>
|}

===Secretaries for justice, 1997–present===
'''Political party:''' {{legend2|{{party color|Nonpartisan}}|[[Non-partisan democracy|Nonpartisan]]|border=1px solid #AAAAAA}}

{|class="wikitable"  style="text-align:left"
|-
! width=10px| {{Abbr|No.|Number}}
! width=80px| Portrait
! width=190px| Name
! width=180px colspan=2| Term of office
! width=80px | Duration
! width=120px|[[Chief Executive of Hong Kong|Chief Executive]]
! Term
! Ref
|-
| rowspan=3 style="background:{{party color|Nonpartisan}}" align=center|'''1''' 
| rowspan=3|[[File:Elsie Leung.jpg|80px]]
| rowspan=3|[[Elsie Leung Oi-sie]]<br>梁愛詩
| rowspan=3|1 July 1997
| rowspan=3|20 October 2005
| rowspan=3|{{Age in years and days|1997|7|1|2005|10|20|duration=on|sep=and}}
| rowspan=2|[[Tung Chee-hwa]]<br>{{small|(1997–2005)}}
| align=center| [[First term of Tung Chee-hwa as Chief Executive of Hong Kong|1]]
|
|-
| align=center| [[Second term of Tung Chee-hwa as Chief Executive of Hong Kong|2]]
|
|-
| rowspan=3|[[Donald Tsang]]<br>{{small|(2005–2012)}}
| align=center rowspan=2 | [[First term of Donald Tsang as Chief Executive of Hong Kong|2]]
|
|-
| rowspan=2 style="background:{{party color|Nonpartisan}}" align=center|'''2''' 
| rowspan=2 | [[File:Wong Yan Lung.jpg|80px]]
| rowspan=2 | [[Wong Yan-lung]], [[Senior Counsel|SC]]<br>黃仁龍
| rowspan=2 | 20 October 2005
| rowspan=2 | 30 June 2012
| rowspan=2 | {{Age in years and days|2005|10|20|2012|6|30|duration=on|sep=and}}
|
|-
| align=center| [[Second term of Donald Tsang as Chief Executive of Hong Kong|3]]
|
|-
| rowspan=2 style="background:{{party color|Nonpartisan}}" align=center|'''3''' 
| rowspan=2 | [[File:Rimsky Yuen 2016.jpg|80px]]
| rowspan=2 | [[Rimsky Yuen Kwok-keung]], [[Senior Counsel|SC]]<br>袁國強
| rowspan=2 | 1 July 2012
| rowspan=2 | 5 January 2018
| rowspan=2 | {{Age in years and days|2012|7|1|2018|1|5|duration=on|sep=and}}
| [[Leung Chun-ying]]<br>{{small|(2012–2017)}}
| align=center| [[First term of CY Leung as Chief Executive of Hong Kong|4]]
|
|-
| rowspan="2" | [[Carrie Lam]]<br>{{small|(2017–2022)}}
| rowspan="2" align="center" | [[Carrie Lam as Chief Executive of Hong Kong|5]]
|
|-
|style="background:{{party color|Nonpartisan}}" align=center|'''4''' 
|[[File: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|80px]]
|[[Teresa Cheng Yeuk-wah]], [[Senior Counsel|SC]]<br>鄭若驊
|6 January 2018
|30 June 2022
|{{Age in years and days|2018|1|6|2022|6|30|duration=on}}
|
|-
|style="background:{{party color|Nonpartisan}}" align=center|'''5''' 
|[[File:Paul Lam 2023.jpg|80px]]
|[[Paul Lam|Paul Lam Ting-kwok]], [[Senior Counsel|SC]]<br>林定國
|1 July 2022
|Incumbent
|{{Age in years and days|2022|7|1|duration=on|sep=and}}
| rowspan=1| [[John Lee (government official)|John Lee]]<br>{{small|(2022–present)}}
| rowspan=1 align=center| [[Lee government|6]]
|}

==== Deputy secretaries for justice, 2022–present====
'''Political party:''' {{legend2|{{party color|Nonpartisan}}|[[Non-partisan democracy|Nonpartisan]]|border=1px solid #AAAAAA}}

{|class="wikitable"  style="text-align:left"
|-
! width=10px| {{Abbr|No.|Number}}
! width=80px| Portrait
! width=190px| Name
! width=180px colspan=2| Term of office
! width=80px | Duration
! width=120px|[[Chief Executive of Hong Kong|Chief Executive]]
! Term
! Ref
|-
|style="background:{{party color|Nonpartisan}}" align=center|'''1''' 
|[[File:Horace_Cheung.jpg|80px]]
|[[Horace Cheung|Horace Cheung Kwok-kwan]]<br>張國鈞
|1 July 2022
|Incumbent
|{{Age in years and days|2022|7|1|duration=on|sep=and}}
| [[John Lee (government official)|John Lee]]<br>{{small|(2022–present)}}
| align=center| [[Lee government|6]]
|}

==See also==
*[[Attorney general]]
*[[Justice minister]]
*[[Minister of Justice (France)]], who performs similar functions to his or her [[Hong Kong]] counterpart

==References==

{{Reflist}}

{{HK Principal Officials}}
{{Secretary for Justice (Hong Kong)}}

[[Category:Positions of the Hong Kong Government|Justice, Secretary for]]
[[Category:Prosecution services|Hong Kong]]
[[Category:Legal professions]]
[[Category:Justice ministers]]