Solicitor General of Hong Kong
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Politics and government of Hong Kong |
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The Solicitor General of Hong Kong is head of the Legal Policy Division of the Department of Justice (律政司) in Hong Kong. He (to date no woman has held the post) is responsible for the development of legal policy, advising the Secretary for Justice (called the Attorney General before 1997) on legal issues, and overseeing the department's staff and legislative programme.
History
[edit]The position of Solicitor General in Hong Kong was created after the end of World War II.[1] The Solicitor General acted as the deputy of the Attorney General and regularly appeared in court.
In 1979, the roles of Law Draftsman, Law Officer (Civil) and Crown Prosecutor (called from the inception of the position Director of Public Prosecutions) were created and the position of Solicitor General was abolished. It was reinstated in 1981 with the Solicitor General being put in charge of legal policy.[2]
The Secretary for Justice is now assisted by five law officers, namely:
- the Solicitor General who heads the Legal Policy Division,
- the Director of Public Prosecutions (formerly Crown Prosecutor) who head the Prosecutions Division,
- the Law Officer (Civil Law) (formerly Crown Solicitor) who heads the Civil Law Division,
- the Law Officer (International Law) who heads the International Law Division, and
- the Law Draftsman who heads the Law Drafting Division
Current holder
[edit]Mr. MUI Kei Fat, Llewellyn is the current Solicitor General. He was acting solicitor general for 1 year prior to his substantive appointment. He has served his entire career in the Department of Justice since 1992[3]
Remuneration for the post is as a Law Officer which is Point 6 on the Directorate (Legal) Pay Scale. With effect from 1 April 2024, the pay was HK$287,990 (up from HK$201,950 in 2015) per month, together with housing allowance, 'leave passage allowance', and other benefits.[4]
List of Solicitors General before 1997
[edit]| No. | Office holder | Term | Notes |
|---|---|---|---|
| 1 | George E Strickland, QC[5] | 1947-1952 | Came to Hong Kong in 1945 as Chief Legal Adviser to British Military Administration. Acting Attorney General prior to appointment. Appointed Attorney General for Sarawak in 1952.[6] |
| 2 | Arthur Hooton, QC[7] | 1952-1961 | |
| 3 | Maurice Heenan, QC[8] | 1961 | Non-British-born (born in New Zealand). Appointed Attorney General in 1961. |
| 4 | Denys Roberts, QC | 1962-1966 | Appointed Attorney General in 1966. Later Colonial/Chief Secretary and Chief Justice. |
| 5 | Graham Sneath, QC[9] | 1966-1973 | |
| 6 | John Hobley, QC[10] | 12 May - 29 September 1973 | Appointed Attorney General in 1973. Retired and left Hong Kong 1979. |
| 7 | Garth Thornton[11] | 1973-1979 | Author of Thornton's Legislative Drafting |
| None | 1979-1981 | Position abolished in 1979; reestablished in 1981.[12] | |
| 8 | Ray Astin[13] | 1981-1984 | Full name was Ernest Raymond Astin |
| 9 | James Findlay, QC[14] | 1984-1986 | Later became Judge of the High Court. |
| 10 | Frank Stock, QC[15] | 1987-1991 | Became High Court Judge, Vice President of the Court of Appeal and then Non-Permanent Judge of the Hong Kong Court of Final Appeal |
| 11 | Bertrand de Speville[16][17] | 1991-1993 | British, born 16 June 1941, (Commissioner of ICAC, 1993-1996) |
| 12 | Daniel Richard Fung Wah-kin, QC (馮華健)[18] | 1994 - 30 Jun 1997 | born c1954. Was appointed from private practice; Returned to private practice as senior counsel |
List of Solicitors General After 1997
[edit]| No. | Office Holder | Tenure Start | Tenure End | Length of Tenure | Appointed By | Prior Role | Silk |
|---|---|---|---|---|---|---|---|
| 1 | Daniel Richard Fung Wah-kin, SBS, QC, SC, JP[19] | 1 July 1997 | 30 August 1998 | 1 year and 61 days | Elsie Leung | Assumed role; was last Solicitor General in British Hong Kong | QC (1990) |
| 2 | Robert Charles Allcock, SBS[20] | 17 August 2000 | 24 January 2007 | 6 years and 161 days | Acting Solicitor General / Principal Government Counsel | ||
| 3 | Ian George McCurdy Wingfield, GBS | 25 January 2007 | 1 August 2010 | 3 years and 189 days | Wong Yan-lung, SC | Law Officer (International Law) | |
| 4 | Frank Poon Ying-kwong[21] | 2 August 2010 | 2 September 2015 | 5 years and 32 days | Deputy Solicitor General | ||
| 5 | Wesley Wong Wai-chung, SC, JP[22] | 3 September 2015 | 30 September 2021[23] | 6 years and 28 days | Rimsky Yuen, SC | Deputy Director of Public Prosecutions | SC (2013) |
| 6 | Llewellyn Mui Kei-fat[24] | 15 September 2022 | Incumbent | 2 years and 67 days | Paul Lam, SC | Principal Government Counsel |
The incumbent Solicitor General is an unofficial Justice of the Peace, and is given the "JP" designation while in office; this designation is removed upon leaving office, unless officially appointed separately.
See also
[edit]References
[edit]- ^ Para 6, Preamble to Paragraph 6 Legal Officers Bill, 1950, [ Legco Debate 22 February 1950
- ^ Hansard 22 October 1980, Speech by Peter Wong at p87 and Grenville Cross, "Directors Great and Small", Hong Kong Lawyer July 2011
- ^ https://www.info.gov.hk/gia/general/202209/14/P2022091400315p.htm [bare URL]
- ^ Directorate (Legal) Pay Scale; [DOJ Advertisement for Law Draftsman, 2020 https://www.doj.gov.hk/en/career/add20200930a.html]; Advertisement in Hong Kong Lawyer January 2015
- ^ R v Lo Sau King and others 1962 HKLR 299 at 307 to 308 and Mr George Strickland Lauded on Appointment as KC, China Mail, October 25, 1951, p1
- ^ Obituary, Sarawak Gazette, 30 November 1957
- ^ R v Lo Sau King and others 1962 HKLR 299 at 307 to 308
- ^ Who's Who 2001, entry for Heenan
- ^ Hong Kong Who's Who, 1970-1973 entry for Sneath
- ^ Who's Who 1994 entry for Hobley
- ^ https://law.tulane.edu/international-legislative-drafting-institute/honorees Tulane Law School Honorees
- ^ Speech By Peter C W Wong in Legco, Hansard 22 October 1980 at p87
- ^ Who's Who in Hong Kong 1984 entry for Astin. Full name is Ernest Raymond Astin
- ^ Findlay CV at "Archived copy" (PDF). Archived from the original (PDF) on 15 October 2013. Retrieved 12 October 2013.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ Judicial Appointment, 25 June 2009, Hong Kong Government press release
- ^ Kenya National Assembly Official Record (Hansard), 11 Jul 2000, p1515
- ^ Bertrand de Speville, interview (Indonesia)
- ^ Appointment to the post of Solicitor General, LC Paper No. CB(2)2359/99-00(03), 20 June 2000
- ^ "Law chief sticks by decision to quit". South China Morning Post. 19 June 1998. Retrieved 17 September 2024.
- ^ "Appointment of Solicitor General". www.info.gov.hk. 24 October 2000. Retrieved 17 September 2024.
- ^ "Appointment of Solicitor General". www.info.gov.hk. 7 July 2010. Retrieved 17 September 2024.
- ^ "Wesley Wong appointed as Solicitor General (with photo)". www.info.gov.hk. 11 August 2015. Retrieved 17 September 2024.
- ^ "法律政策專員黃惠沖 本月起被調任法改會秘書長". 東網. 3 October 2021.
- ^ "Appointments of Law Officer (International Law) and Solicitor General (with photos)". info.gov.hk. 14 September 2022. Retrieved 17 September 2024.