Although the Commission's members are appointed by the Chief Executive of the SAR, the Commission is independent of the Government. The views expressed in Commission reports are those of Commission members, not the Government, and the publication of a Commission report does not mean that the recommendations it contains will automatically be adopted in legislation. In every case, recommendations made by the Commission will be passed to the relevant policy bureau of the Government for consideration. Sometimes, the Government disagrees with the Commission and does not accept its recommendations. Two examples are the Commission's reports on Interest on Debt and Damages (1990) and Regulation of Debt Collection Practices (2002).
Annual Report on Implementation to LegCo
A reporting mechanism was introduced by the Legislative Council (LegCo) Panel on Administration of Justice and legal Services (AJLS Panel) in 2012 to facilitate the members of the AJLS Panel, as well as of other LegCo Panels, to follow up on progress of implementation of the recommendations of the Commission by the relevant bureaux and departments. The Secretary for Justice made the first annual report to the AJLS Panel in 2013. Annual reports from 2013 onwards are set out in the files below:
Complete list of Reports Tabulated According to Implementation Status
The Commission has only published one report recommending no change to the law since 1 January 1982.1 A full list of the remaining reports are tabulated into the following categories according to their implementation status, with details of the legislation which implements the Commission's recommendations, or other action taken:
(a) recommendations implemented in full;
(b) recommendations implemented in part;
(c) recommendations under consideration or in the process of being implemented;
(d) recommendations rejected by the Government; and
(e) recommendations in respect of which the Government has no plan to implement at this juncture
(a) Recommendations implemented in full
Report (month and year of publication) | Responsible bureau | Implementing legislation or other relevant information, including response from the responsible bureau | |
1 | Commercial arbitration (January 1982) | Attorney General’s Chambers | Implemented by Arbitration (Amendment) Ordinance (10 of 1982) (March 1982) amending Cap 3412 |
2 | Bills of exchange (December 1982) | Attorney General’s Chambers | Implemented by Bills of Exchange (Amendment) Ordinance (16 of 1983) (April 1983) amending Cap 19 |
3 | Laws governing homosexual conduct (June 1983) | Security Branch | Implemented by Crimes (Amendment) Ordinance (90 of 1991) (July 1991) amending Cap 200 |
4 | Community service orders (June 1983) | Health and Welfare Branch | Implemented by Community Service Orders Ordinance (Cap 378) (78 of 1984) (November 1984) |
5 | The law relating to contribution between wrongdoers (April 1984) | Attorney General’s Chambers | Implemented by Civil Liability (Contribution) Ordinance (Cap 377) (77 of 1984) (November 1984) |
6 | Damages for personal injury and death (February 1985) | Attorney General’s Chambers | Implemented by Fatal Accidents Ordinance (Cap 22) (41 of 1986) (July 1986) and Law Amendment and Reform (Consolidation) (Amendment) Ordinance (40 of 1986) (July 1986) amending Cap 23 |
7 | Laws on insurance (January 1986) | Financial Services Branch | Implemented by Insurance Companies (Amendment) (No. 3) Ordinance (76 of 1994) (July 1994) amending Cap 41 |
8 | Young persons - Effects of age in civil law (April 1986) | Attorney General’s Chambers | Implemented by Age of Majority (Related Provisions) Ordinance (Cap 410) (32 of 1990) (May 1990); Marriage and Children (Miscellaneous Amendments) Ordinance (69 of 1997) (July 1997); and Law Reform (Miscellaneous Provisions and Minor Amendments) Ordinance (80 of 1997) (July 1997) |
9 | The control of exemption clauses (December 1986) | Trade and Industry Branch | Implemented by Control of Exemption Clauses Ordinance (Cap 71) (59 of 1989) (November 1989) |
10 | Coroners (August 1987) | Chief Secretary’s Office | Implemented by Coroners Ordinance (Cap 504) (27 of 1997) (May 1997) |
11 | The adoption of the UNCITRAL model law of arbitration (September 1987) | Attorney General’s Chambers | Implemented by Arbitration (Amendment) (No. 2) Ordinance (64 of 1989) (November 1989) amending Cap 3413 |
12 | Competence and compellability of spouses in criminal proceedings (December 1988) | Department of Justice | Implemented by Evidence (Miscellaneous Amendments) Ordinance (23 of 2003) (July 2003) amending Cap 8 |
13 | Bail in criminal proceedings (December 1989) | Attorney General’s Chambers | Implemented by Criminal Procedure (Amendment) Ordinance (56 of 1994) (June 1994) amending Cap 221 |
14 | Sale of goods and supply of services (April 1990) | Trade and Industry Branch | Implemented by Sale of Goods (Amendment) Ordinance (85 of 1994) (October 1994) amending Cap 26; Supply of Services (Implied Terms) Ordinance (Cap 457) (86 of 1994) (October 1994); and Unconscionable Contracts Ordinance (Cap 458) (87 of 1994) (October 1994) |
15 | Law of wills, Intestate succession and provision for deceased persons' families and dependants (May 1990) | Home Affairs Branch | Implemented by Wills (Amendment) Ordinance (56 of 1995) (July 1995) amending Cap 30; Intestates' Estates (Amendment) Ordinance (57 of 1995) (July 1995) amending Cap 73; Inheritance (Provision for Family and Dependants) Ordinance (Cap 481)(58 of 1995) (July 1995); and Law Amendment and Reform (Consolidation) (Amendment) Ordinance (16 of 1996) (May 1996) amending Cap 23 |
16 | Loitering (July 1990) | Security Branch | Implemented by Crimes (Amendment) (No. 2) Ordinance (74 of 1992) (July 1992) amending Cap 200 |
17 | Illegitimacy (December 1991) | Health and Welfare Bureau | Implemented by Parent and Child Ordinance (Cap 429) (17 of 1993) (March 1993) |
18 | Grounds for divorce and the time restriction on petitions for divorce within three years of marriage (November 1992) | Home Affairs Branch | Implemented by Matrimonial Causes (Amendment) Ordinance (29 of 1995) (May 1995) amending Cap 179 |
19 | Reform of the law relating to copyright (January 1994) | Trade and Industry Branch | Implemented by Copyright Ordinance (Cap 528) (92 of 1997) (June 1997) |
20 | Codification: the preliminary offences of incitement, conspiracy and attempt (May 1994) | Attorney General’s Chambers | Implemented by Crimes (Amendment) Ordinance (49 of 1996) (July 1996) amending Cap 200 |
21 | Privacy - Part 1: Reform of the law relating to the protection of personal data (August 1994) | Home Affairs Branch | Implemented by Personal Data (Privacy) Ordinance (Cap 486) (81 of 1995) (August 1995) |
22 | Description of flats on sale - Part 1: Local uncompleted residential properties: Sales descriptions and pre-contractual matters (April 1995) | Transport and Housing Bureau | Implemented by Residential Properties (First-hand Sales) Ordinance (Cap 621) (19 of 2012) (July 2012) |
23 | Insolvency: Part I: Bankruptcy (May 1995) | Financial Services Branch | Implemented by Bankruptcy (Amendment) Ordinance (76 of 1996) (December 1996) amending Cap 6 |
24 | Hearsay rule in civil proceedings (July 1996) | Department of Justice | Implemented by Evidence (Amendment) Ordinance (2 of 1999) (January 1999) amending Cap 8 |
25 | Creation of a substantive offence of Fraud (July 1996) | Department of Justice | Implemented by Theft (Amendment) Ordinance (45 of 1999) (July 1999) amending Cap 210 |
26 | The year and a day rule in homicide (June 1997) | Department of Justice | Implemented by Statute Law (Miscellaneous Provisions) Ordinance 2000(32 of 2000) (June 2000) |
27 | The age of criminal responsibility in Hong Kong (May 2000) | Security Bureau | Implemented by Juvenile Offenders (Amendment) Ordinance (6 of 2003) (March 2003) amending Cap 226 |
28 | Guardianship and custody - Part 1: Guardianship of children (January 2002) | Labour and Welfare Bureau | Implemented by Guardianship of Minors (Amendment) Ordinance 2012 (1 of 2012) (January 2012) amending Cap 13 |
29 | Guardianship and custody - Part 2: International parental child abduction (April 2002) | Labour and Welfare Bureau | Government response (November 2009) Government response (December 2012) Latest positions: Implemented by Child Abduction Legislation (Miscellaneous Amendment) Ordinance (16 of 2014) (November 2014). amending Cap 512. |
30 | Rules for determining domicile (April 2005) | Department of Justice | Implementated by Domicile Ordinance (Cap 596) (4 of 2008) (February 2008) |
31 | Privity of contract (October 2005) | Department of Justice | Government response (November 2010) Government response (December 2012) Latest positions: Implemented by Contracts (Rights of Third Parties) Ordinance (Cap 623) (17 of 2014) (December 2014). The Commencement Notice was published in the Gazette on 5 June 2015 and the Ordinance came into operation on 1 January 2016. |
32 | Enduring powers of attorney (March 2008) | Department of Justice | Implemented by Enduring Powers of Attorney (Amendment) Ordinance (25 of 2011) (December 2011) amending Cap 501 |
33 | Sexual offences records checks for child-related work: Interim Proposals (February 2010) | Security Bureau |
Government response (December 2011) Latest positions: |
34 | The common law presumption that a boy under 14 is incapable of sexual intercourse (December 2010) | Security Bureau | Implemented by Statute Law (Miscellaneous Provisions) Ordinance 2012 (26 of 2012) (July 2012) |
35 | Third party funding for arbitration (October 2016) |
Department of Justice |
Government response (January 2017) Latest positions: Implemented by Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017 (6 of 2017) (June 2017) A Code of Practice for Third Party Funding of Arbitration was issued on 7 December 2018 and the provisions on third party funding of arbitration came into operation on 1 February 2019. The commencement of certain provisions in relation to third party funding of mediation has been deferred pending the issue of the relevant Code of Practice. A two-month public consultation on the draft Code of Practice for Third Party Funding of Mediation ended in October 2021. In light of the comments received during the consultation, the Department is considering options on the way forward, and will continue to engage with the legal professional bodies, the Judiciary and other stakeholders. |
36 | Voyeurism and non-consensual upskirt-photography (April 2019) | Security Bureau | Implemented by Crimes (Amendment) Ordinance 2021 (35 of 2021) (October 2021) amending Cap 200 |
37 | Outcome Related Fee Structures for Arbitration (December 2021) | Department of Justice |
Implemented by Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration)(Amendment) Ordinance 2022 (6 of 2022) (June 2022) amending Cap 159 and Cap 609.
The Department of Justice has stated that: “The Department of Justice welcomes the recommendations made by the Law Reform Commission (LRC) on the Outcome Related Fee Structures for Arbitration (ORFSA). The relevant recommendations are only applicable to arbitration and related court proceedings. |
(b) Recommendations implemented in part
Report (month and year of publication) | Responsible bureau | Implementing legislation or other relevant information, including response from the responsible bureau | |
38 | Arrest (November 1992) | Security Bureau |
Government response (February 2009) Government response (December 2012) Government response (June 2021) Latest positions: |
39 | Insolvency - Part 3: Winding-up provisions of the Companies Ordinance (July 1999) | Financial Services and the Treasury Bureau |
Government response (April 2009) Government response (December 2012) Latest positions: Some technical aspects were implemented by the Companies (Amendment) Ordinance (28 of 2003) enacted in July 2003 amending Cap 32. Having reviewed the key issues addressed in the Report and taking into account the sector’s latest developments, the Bureau has concluded:
With respect to the other technical amendments recommended in the subject LRC Report, the Bureau has advised that they are addressed by the Companies (Winding-up and Miscellaneous Provisions) (Amendment) Ordinance 2016, which has come into operation on 13 February 2017 to improve and modernise Hong Kong’s corporate winding-up regime. |
40 | The Regulation of debt collection practices (July 2002) | Security Bureau | The recommended review of the then limitations imposed on the collection and use of ‘positive credit data’ was implemented without legislation by the Privacy Commissioner for Personal Data in the Code of Practice on Consumer Credit Data 2002. The Report’s other recommendations were rejected by the Administration in September 2005. |
41 | Description of flats on sale - Part 3: Local completed residential properties: Sales descriptions and pre-contractual matters (September 2002) | Transport and Housing Bureau |
The recommendations in respect of completed properties sold first-hand by the original developer were implemented by the Residential Properties (First-hand Sales) Ordinance (Cap 621) (19 of 2012) (July
2012) which regulates the sales of completed and uncompleted first-hand residential properties.
The Bureau has stated that: “The regulation of the sales of second-hand local residential properties is strengthened with the assistance of the Estate Agents Authority (EAA). The EAA has required, among other things, that estate agents must provide information on the saleable area, if available from Rating and Valuation Department (RVD) or the first agreement, of second-hand residential properties to prospective purchasers with effect from 1 January 2013.” |
42 | Guardianship and custody - Part 3: The family dispute resolution process (March 2003) | Home and Youth Affairs Bureau |
Government response (May 2009) Government response (Apr 2013) Latest positions: |
43 | Privacy - Part 6: Privacy: The regulation of covert surveillance (March 2006) | Constitutional and Mainland Affairs Bureau |
Government response (April 2009) Government response (December 2012) The Interception of Communications and Surveillance Bill was introduced prior to publication of the LRC Report in March 2006 to regulate the conduct of interception of communications and the use of surveillance devices by public officers; and to establish the Office of the Commissioner on Interception of Communications and Surveillance to oversee the compliance by four law enforcement agencies with the relevant requirements. The Bill was passed on 6 August 2006 as Ordinance 20 of 2006 (Cap 589). See also items 44 and 47 below. |
44 | Privacy - Part 2: Privacy: Regulating the interception of communications (December 1996) | Constitutional and Mainland Affairs Bureau |
Government response (April 2009) Government response (December 2012) Latest positions: The Interception of Communications and Surveillance Bill was passed on 6 August 2006 as Ordinance 20 of 2006 (Cap 589) to regulate the conduct of interception of communications and the use of surveillance devices by public officers; and to establish the Office of the Commissioner on Interception of Communications and Surveillance to oversee the compliance by four law enforcement agencies with the relevant requirements. The Bureau stated in the 2015 report to the AJLS Panel on LRC Reports’ implementation that: “The Bureau considered the LRC Report on this topic, together with 4 others on Stalking; Privacy and media intrusion; Civil liability for invasion of privacy; and Regulation of covert surveillance. These 5 Reports touch on the sensitive and controversial policy and political issue of how to strike a balance between protection of individual privacy rights and freedom of the media. There were mixed responses and very divergent views from different sectors of the community. Given the complexity and sensitivity of the policy and political issues involved, the Bureau would consider the 5 Reports as and where appropriate and map out the way forward in consultation with relevant parties.” The Bureau has advised that it has taken steps to deal with the LRC Report on Stalking. See item 47 below. |
45 | Conditional fees (July 2007) | Home Affairs Bureau |
Government response (October 2010) Latest positions: |
(c) Recommendations under consideration or in the process of being implemented
Report (month and year of publication) | Responsible bureau | Implementing legislation or other relevant information, including response from the responsible bureau | |
46 | Insolvency - Part 2: Corporate rescue and insolvent trading (October 1996) | Financial Services and the Treasury Bureau |
Government response (March 2013) Latest positions:
|
47 | Privacy - Part 3: Stalking (October 2000) | Constitutional and Mainland Affairs Bureau |
Government response (April 2009) Government response (December 2012) Latest positions: The Bureau has since sought the views of stakeholders who had submitted written views in the 2011/12 consultation, including the Hong Kong Bar Association and the Law Society of Hong Kong. After considering the feedback obtained and input from the Department of Justice, it is clear that none of the various formulations (ie, LRC’s, the Consultant’s and the ‘specified relations’ approach) is supported by CA Panel Members, the major stakeholders or the public, as being able to achieve the objective of providing protection to all people alike against stalking while at the same time avoid inflicting interference to the freedoms of the press and expression. The above being the case, the Bureau is of the view that there are no favourable conditions to pursue the matter further and sought the views of the CA Panel accordingly on 16 June 2014. At that Panel meeting, some Members expressed support for not pursuing the LRC’s recommendations. Regarding the ‘specified relations’ approach, Members noted the in-principle difficulties with this approach and that since the LRC Report was published in 2000, individual pieces of legislation have indeed been amended or administrative measures taken to better control harassment in domestic, landlord-and-tenant, and money lender-borrower relationships, and no Member requested further pursuing such an approach. The Bureau will take into account the opinion of LegCo Members and stakeholders and monitor related developments in considering the way forward.” |
48 | Contracts for the supply of goods (February 2002) | Commerce and Economic Development Bureau |
Government response (November 2010) Government response (March 2013) Latest positions:
|
49 | Privacy - Part 4: Privacy and media intrusion (December 2004) | Constitutional and Mainland Affairs Bureau |
Government response (April 2009) Government response (December 2012) Latest positions: |
50 | Privacy - Part 5: Civil liability for invasion of privacy (December 2004) | Constitutional and Mainland Affairs Bureau |
Government response (April 2009) Government response (December 2012) Latest positions: |
51 | Guardianship and custody - Part 4: Child custody and access (March 2005) | Labour and Welfare Bureau |
Government response (June 2011) Government response (December 2012) Government response to Legco AJLS Panel Motion on implementation (May 2014) Latest positions: In consultation with the Department of Justice, the Home and Youth Affairs Bureau, the Social Welfare Department, the Judiciary and other relevant Government Bureaux/Departments, the Labour and Welfare Bureau has prepared the draft Children Proceedings (Parental Responsibility) Bill (the proposed legislation) to follow up the majority of the LRC recommendations. On 25 November 2015, the Bureau launched a four-month public consultation on the proposed legislation. The Bureau advised that “the recommendation to reduce the minimum age of marriage without parental consent from 21 to 18 (Recommendation 69) and the recommendation that a list of circumstances should be set out in the legislation to determine when it is appropriate to appoint a separate representative for a child in children proceedings (Recommendation 50) will be dealt with separately.” The public consultation ended on 25 March 2016. The Bureau reported the results of the consultation to LegCo Panel on Welfare Services (LegCo Panel) in May 2017. The results showed that the percentage of views in support of the implementation of the proposed legislation at this stage was about the same as that opposing it (i.e. 34.5% on each side), while another 20% of the views considered the proposed legislation worthy of support in principle, but requested additional resources and support measures as a prerequisite. Those in support of the proposed legislation considered that it was in line with some countries' practices and could protect the child's best interests. Those who opposed the proposed legislation considered that it could not help divorced parents in resolving conflicts, especially high-risk families with domestic violence background, but may cause more family problems and adversely affect the child’s development. In particular, single-parent groups were concerned that the new requirement for obtaining the other party’s consent or giving notification on major decisions would be used by the troublemaking party with malicious intent to obstruct and harass the other spouse, causing distress to the child. It may also result in long term hostility between divorced parents and more litigation. Besides, the Bureau also noted that two motions were unanimously passed by the LegCo Panel on 22 February 2016 and 8 May 2017 respectively, requesting the Government not to introduce the proposed legislation into the LegCo at this stage, pending the provision of more support measures for divorcing/divorced/separated families. Similar requests were also raised by deputations at the special meeting of the LegCo Panel held on 4 October 2017. Having regard to the views collected during the public consultation and the LegCo Panel’s position, the Bureau proposed at the LegCo Panel meeting on 12 March 2018 not to introduce the proposed legislation into the LegCo at this stage. However, the Bureau proposed to, as a matter of priority, increase resources in 2018/2019 to strengthen measures to support divorcing/divorced/separated families, so as to promote the concept of continuing parental responsibility towards children even after divorce, and strengthen co-parenting counselling and parenting coordination service, as well as making the Pilot Project on Children Contact Service a regular service of the Social Welfare Department with service expansion. The Bureau will keep in view stakeholders' receptiveness to the legislative proposal, in particular whether the doubts of those who oppose the legislation could be relieved, and consider whether and if so, the appropriate timing to pursue the legislation. |
52 | Substitute decision-making and advance directives In relation to medical treatment (August 2006) |
Health Bureau |
Government response (November 2010) Government response (December 2012) Government response (April 2013) Government response (March 2015) Latest positions: |
53 | Hearsay in criminal proceedings (November 2009) | Department of Justice |
Government response (December 2010) Government response (December 2012) Latest positions: |
54 | Criteria for service as jurors (June 2010) | Chief Secretary for Administration’s Office |
Government response (December 2010) Government response (December 2012) Latest positions: |
55 | Enduring powers of attorney: personal care (July 2011) | Labour and Welfare Bureau |
Government response (December 2011) Government response (December 2012) Latest positions: |
56 | Double jeopardy (February 2012) | Department of Justice |
Government response (August 2012) Government response (February 2013) Latest positions: |
57 | Class actions (May 2012) | Department of Justice |
Government response (November 2012) Latest positions: Thirty one meetings of the Working Group were held between 2013 and 2020. In addition, a sub-committee of the Working Group (‘Sub-Committee’) was formed to assist the Working Group on technical issues that might arise during its deliberations of the subject matter. The Sub-Committee has held thirty-three meetings between 2014 and 2019. On 31 December 2020, the Working Group, acting through its secretariat at the Department of Justice, announced that it intended to commission a consultancy study on the (potential and likely) economic and other related impacts on Hong Kong if a class action regime, starting with a pilot scheme restricted to consumer class actions only, is to be introduced. The consultancy contract was awarded to PricewaterhouseCoopers Advisory Services Limited (‘Consultant’) on 26 August 2021. The Consultant will submit its findings and its recommendations for the Government to consider and to map out the way forward.” |
58 | Charities (December 2013) | Home and Youth Affairs Bureau | The Bureau has stated its stance to be: “The recommendations of the LRC Report on charities are relevant to the purviews of various Government bureaux and departments. Since many recommendations in the LRC Report carry significant implications on charities in Hong Kong in terms of their definition and operation, the Government needs to consider the recommendations thoroughly and carefully. The Bureau has been tasked to co-ordinate inputs from relevant bureaux and departments in formulating a response to LRC’s recommendations. In following up the co-ordination, the Bureau has taken into account the improvement measures recommended in the Director of Audit’s Report No 68 (Audit Report) as well as in the Public Accounts Committee Reports No 68 and 68A (PAC Reports), with a view to formulating a response. With reference to the recommendations in the LRC Report, the Audit Report as well as the PAC Reports, the Government introduced and implemented a series of administrative measures relating to charitable fund-raising activities in two phases in 2018 and 2019 with a view to optimising the monitoring and supportive work relating to charitable fund-raising activities. The Government will keep in view the need for legislative amendments as appropriate. Besides, representative from the relevant bureau had made a detailed response at the LegCo meetings on 25 May 2022 in reply to Hon Joephy Chan’s oral question on ‘regulation of online fundraising activities’. The response pointed out inter alia the regulation under relevant pieces of legislation (e.g. the Organized and Serious Crimes Ordinance and the Theft Ordinance) of cases of engaging in illegal acts through fundraising activities. The relevant reply can be found at the following link: |
59 | Review of substantive sexual offences (December 2019) | Security Bureau | The Bureau has stated that: “The Government will study the recommendations contained in the two relevant Law Reform Commission’s reports (the reports on Review of substantive sexual offences and Sentencing and Related Matters in the Review of Sexual Offences) in tandem, and make reference to the development of relevant legislation in overseas jurisdictions to formulate specific legislative amendment proposals. The Government will conduct public consultation on proposed legislative amendments in due course and submit the proposals to the LegCo for consideration.” |
60 | Causing or Allowing the Death or Serious Harm of a Child or Vulnerable Adult (September 2021) | Labour and Welfare Bureau | Government response The Bureau has stated that: “The Cross-Bureau Working Group on the Mandatory Reporting Requirement for Suspected Child Abuse Cases4 welcomes the recommendations in the Report, as the objective of the proposed new offence of ‘failure to protect’5 is in line with the Government’s policy objective of safeguarding the best interest and safety of children and zero tolerance of child abuse. The Working Group notes that the proposed new offence is complex in terms of its application in institutional settings. The actions (or inaction) that constitute the offence must be carefully and clearly defined as the captioned Report has recommended a maximum penalty of 20 years’ imprisonment. The Working Group will consider how to implement the recommendations by making reference to precedent court cases, and exploring how best to elucidate the concept of ‘duty of care’ and other key terms especially in institutional settings. At the same time, the Government has undertaken to take forward legislative work on introducing a mandatory reporting requirement (‘MRR’) for suspected child abuse/neglect cases, with the target of introducing a Bill into the LegCo in the first half of 2023. Without prejudice to this legislative timetable, the Working Group will examine how to reconcile the incongruence between mandating a list of designated professionals to report child abuse cases under the MRR legislation and the application of the concept of ‘duty of care’ in the proposed new offence in institutional settings.” |
61 | Sentencing and Related Matters in the Review of Sexual Offences (May 2022) | Security Bureau | The Bureau has stated that: “The Government will study the recommendations contained in the two relevant Law Reform Commission’s reports (the reports on Review of substantive sexual offences and Sentencing and Related Matters in the Review of Sexual Offences) in tandem, and make reference to the development of relevant legislation in overseas jurisdictions to formulate specific legislative amendment proposals. The Government will conduct public consultation on proposed legislative amendments in due course and submit the proposals to the LegCo for consideration.” |
(d) Recommendations rejected by the Government
Report (month and year of publication) | Responsible bureau | Response from the responsible bureau | |
62 | Confession statements and their admissibility in criminal proceedings (October 1985) | Attorney General’s Chambers | Rejected by the Government in September 1987 |
63 | Contempt of court (July 1987) | Attorney General’s Chambers | Rejected by the Government in January 1994 |
64 | Interest on debt and damages (July 1990) | Finance Branch | Rejected by the Government in May 1994. |
(e) Recommendations in respect of which the Government has no plan to implement at this juncture
Report (month and year of publication) | Responsible bureau | Response from the responsible bureau or other relevant information | |
65 | Extrinsic materials as an aid to statutory interpretation (March 1997) | Department of Justice | The Department of Justice has stated: “Bill introduced into LegCo in March 1999 but lapsed in view of Bills Committee’s and the Bar’s opposition and suggestion to wait and see how this area of law may develop. Given the opposition of the Bills Committee, the Government has no plan to re-introduce the Bill into LegCo.” |
66 | Description of flats on sale - Part 2: Overseas uncompleted residential properties (September 1997) | Housing Bureau | The Bureau has stated that:
The Bureau has further observed that:
|
67 | Civil Liability for unsafe products (February 1998) | Commerce and Economic Development Bureau |
Government response (November 2010) Government response (December 2012) Latest positions: |
68 | Excepted Offences under Schedule 3 to the Criminal Procedure Ordinance (Cap 221) (February 2014) | Security Bureau |
Government response (June 2021) The Bureau has stated:
|
69 | Adverse possession (October 2014) | Development Bureau |
Government response (June 2021) In consultation with the Lands Department (“LandsD”) and the Land Registry (“LR”), the Bureau has stated that:
|
1 Report on The procedure governing the admissibility of confession statements in criminal proceedings (July 2000).
2 Cap 341 has since 1 June 2011 been replaced by the Arbitration Ordinance (Cap 609) (17 of 2010), which came into operation on the same day.
3 Cap 341 has since 1 June 2011 been replaced by the Arbitration Ordinance (Cap 609) (17 of 2010), which came into operation on the same day.
4 The Working Group comprises Labour and Welfare Bureau, Education Bureau, the then Food and Health Bureau (renamed as Health Bureau from 1 July 2022) and Security Bureau.
5 The offence of “failure to protect” in respect of children refers to the failure to protect a child in cases where the child’s death or serious injury is caused by an unlawful act or neglect. The maximum penalty recommended by the Law Reform Commission is imprisonment of 20 years if the victim dies and 15 years if the victim suffers serious harm.