Civil Service Newsletter October 2023 Issue No.115
Elaborating on the rule of law in a people-oriented approach

Civil Service Newsletter Editorial Board

Determined to switch to a new career path, Mr Paul Lam Ting-kwok, a senior counsel in private practice, joined the political team of the incumbent Government as the Secretary for Justice. Mr Lam has well-defined goals, among which is to play a proactive role in deepening people’s understanding of the rule of law so as to dispel their worries and misconception. He devotes himself to telling the world the good stories of Hong Kong’s rule of law. Furthermore, Mr Lam is resolved to promote the diversification of legal services in Hong Kong, as well as the city’s development into a centre for international legal and dispute resolution services in the Asia-Pacific Region. In this interview Mr Lam shares his insights and perspective on these issues with us.
Switching path to join the Government

Before joining the Government, Mr Lam was a senior counsel in private practice and had sat as a Deputy Judge of the High Court of Hong Kong on an irregular basis. Mr Lam said with a chuckle that he “worked solo” in the past, and described joining the Government as akin to working at a “big corporation”. “Counsels are more independent at work. They are mainly specialised in court matters and are heavily engaged in legal studies. There is a world of difference in my role, duties and scope of work between private practice and service with the Government. To mesh nicely with approximately 1,500 fellow colleagues in the Department of Justice, I need to know about them and let them know about me.” Mr Lam said.

Mr Lam was hailed as the “king of public service” for having held many public positions such as Chairman of the Hong Kong Bar Association and Chairman of the Consumer Council. His public service has allowed him the chance to be exposed, beyond the legal setting, to various social issues and gain invaluable experience, which has proven conducive to his role as the Secretary for Justice.

Mr Paul Lam attended the thematic forum on clean silk road of the third Belt and Road Forum for International Cooperation in Beijing.
Mr Paul Lam attended the thematic forum on clean silk road of the third Belt and Road Forum for International Cooperation in Beijing.

Mr Lam recalled that embarking on a new path of working at this “big corporation” was a thoughtful decision. “The Department of Justice plays an important role in maintaining the rule of law and the legal system in Hong Kong. It is my pleasure and honour to have this chance to play my part in delivering the relevant work.” He remarked.

Safeguarding rule of law and explaining to the public

As the head of the Department of Justice, Mr Lam pointed out that his primary responsibility is to safeguard the rule of law in Hong Kong, which is particularly crucial to the well-being of our society. “I understand that people attach great importance to the rule of law in Hong Kong, however, given the abstraction of the concept, they may have difficulties figuring out what that actually means. During the previous period there has been divergence of views on the application of the rule of law in Hong Kong, some people being very positive and some very negative. The polarisation of views has made it even more difficult for the public to make sound judgment.”

Mr Lam has spared no effort in explaining to the public the state of rule of law in Hong Kong, using layman’s terms at different platforms and citing real-life examples so that the public could have an accurate understanding of the legal system and the concept of rule of law. He said, “Lawyers may be accustomed to using professional jargons in legal matters. However, when explaining to the public, we have to make our speech clear and punchy, with real-life examples provided, for their easy understanding. In this way, we can certainly instil public confidence in and respect for the rule of law in Hong Kong. We also have to help the public fully understand the importance of safeguarding national security at the same time.”

Mr Paul Lam (first row, centre) and The Deputy Secretary for Justice, Mr Cheung Kwok-kwan, posed with the winning and participating students and other guests of the Law Drafting Competition 2023.
Mr Paul Lam (first row, centre) and The Deputy Secretary for Justice, Mr Cheung Kwok-kwan, posed with the winning and participating students and other guests of the Law Drafting Competition 2023.

Mr Lam said explicitly that the need to explain to the public the rule of law in Hong Kong and the importance of safeguarding national security at the same time complicates the work. That said, he is ready to devote more time to his explanation work, and will keep mulling over how to make it more effective. If the public have a deeper understanding of the Hong Kong National Security Law, it will certainly allay their doubts and concerns.

Apart from communicating with the public, Mr Lam has taken on the important task of explaining the local legal environment to the world. Given the geopolitical challenges and the outbreak of the COVID-19 pandemic in the past few years, it has been a daunting task to tell the world the good stories of Hong Kong’s rule of law. He pointed out, “Hong Kong is an externally-oriented society, people in other regions are welcome to come and see what’s going on here, but the pandemic stood in the way. What’s more, we were not able to go out and tell the good stories. As a result of all these factors, the formation of incorrect or negative impression of Hong Kong’s legal environment was unavoidable, causing some extent of damage.”

These challenges, on the contrary, have become a driving force for Mr Lam to ponder how to do a better job of explaining to the world. He seizes every opportunity to tell the good stories of Hong Kong during overseas visits and believes that people outside Hong Kong should be invited in large numbers to come and experience personally the rule of law here. He said, “The most effective way is to let them exchange views with our legal professionals and experience the freedoms and rights enjoyed by Hong Kong people. In this case, we have to think about how to woo more people to come and have first-hand experience.”

Mr Paul Lam attended Hague Conference on Private International Law (HCCH) Asia Pacific Week 2023.
Mr Paul Lam attended Hague Conference on Private International Law (HCCH) Asia Pacific Week 2023.
Mr Paul Lam (first row, centre) led a Hong Kong legal and dispute resolution sector delegation to attend sixth Hong Kong Legal Services Forum in Chengdu.
Mr Paul Lam (first row, centre) led a Hong Kong legal and dispute resolution sector delegation to attend sixth Hong Kong Legal Services Forum in Chengdu.
Connecting to the world with support of the motherland

Hong Kong boasts a sound legal system. Under “One Country, Two Systems”, Hong Kong’s unique role as a “super-connector” between our country and the rest of the world enables us to provide quality legal services for both Chinese and foreign enterprises and establish ourselves as an international legal and dispute resolution service centre in the Asia Pacific region. Mr Lam explained, “Hong Kong operates on a common law system and is well-versed in the legal affairs of the mainland given our close connection with each other. This is why both the mainland Chinese and foreigners have trust in our legal services which are renowned for their credibility and professional standards. Our legal professionals are famous worldwide for their skills and talents. As such, Hong Kong can play the role as a “super-connector” and being an ideal place for litigation, arbitration and mediation, can provide a platform for foreign enterprises and their mainland counterparts to go through these procedures in protection of their interests.”

Mr Paul Lam (first right) attended 8th ICC Asia Pacific Conference on International Arbitration.
Mr Paul Lam (first right) attended 8th ICC Asia Pacific Conference on International Arbitration.

Convinced that the abundance of legal talent is one of the major strengths of Hong Kong’s legal services, Mr Lam emphasised that the legal practitioners have to be open-minded if they are to play the role as a “super-connector”. In particular, he encourages young talents of the legal profession to travel abroad more often and develop an international perspective. To grasp future opportunities, they should also understand more about the development of the rule of law in our country and the demands of its people for legal services. He is actively planning to lead a delegation of the Hong Kong legal profession to Southeast Asia or the Middle East to tell the good stories about the rule of law in Hong Kong and promote our legal services.

Mr Paul Lam (first right), the Commissioner of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region, Mr Liu Guangyuan, and the Director-General of the International Organization for Mediation (IOMed) Preparatory Office, Dr Sun Jin, officiating at the plaque unveiling ceremony of the IOMed Preparatory Office.
Mr Paul Lam (first right), the Commissioner of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region, Mr Liu Guangyuan, and the Director-General of the International Organization for Mediation (IOMed) Preparatory Office, Dr Sun Jin, officiating at the plaque unveiling ceremony of the IOMed Preparatory Office.
Looking back on his work and the tasks accomplished

Having assumed office for more than one year, Mr Lam, together with his colleagues at the Department of Justice, has established the Legal Enhancement and Development Office, the Steering Committee on Rule of Law Education and the Guangdong-Hong Kong-Macao Greater Bay Area Task Force, etc. Looking back over the past year, he believes that he has achieved the desired results in meeting the targets. Among all these targets, he would particularly like to see a rise in happiness of Hong Kong people.

Mr Paul Lam spoke at legal summit organised by Hong Kong Policy Research Institute.
Mr Paul Lam spoke at legal summit organised by Hong Kong Policy Research Institute.
Mr Paul Lam (left) called on the Director of the Hong Kong and Macao Affairs Office of the State Council, Mr Xia Baolong, in Beijing.
Mr Paul Lam (left) called on the Director of the Hong Kong and Macao Affairs Office of the State Council, Mr Xia Baolong, in Beijing.
Mr Paul Lam attended Thematic Forum on Sub-national Cooperation of the third Belt and Road Forum for International Cooperation in Beijing.
Mr Paul Lam attended Thematic Forum on Sub-national Cooperation of the third Belt and Road Forum for International Cooperation in Beijing.

Throughout the interview, Mr Lam has shown his “down-to-earth” way of thinking which is deeply ingrained in his philosophy of life. “It is important to maintain work-life balance. I would go to see movies with my wife, eat out at Hong Kong-style cafes and gather with friends during my spare time to keep myself in the loop of the community and the world. By remaining sensitive to social issues the Government can help people to solve their problems,” said Mr Lam.

Mr Lam has his own line of thinking about life and work. After two decades of private practice as a counsel, he decided to switch to a new path, joined the Government and became the head of the Department of Justice. In face of a job which is completely different in nature, Mr Lam has gradually adapted to the new work pace and style. “When it comes to work attitude, I think we should approach our tasks with diligence, while taking care not to become emotionally overwhelmed. In this way, we will find the perseverance we need to get through a long career.”

Mr Paul Lam (right) signed record of meeting with the Minister of Justice, Ms He Rong, to deepen exchanges and co-operation on talent nurturing and legal services.
Mr Paul Lam (right) signed record of meeting with the Minister of Justice, Ms He Rong, to deepen exchanges and co-operation on talent nurturing and legal services.