Law Reform Commission of Hong Kong

Background

Before the creation of the present commission in 1980, a number of formal and informal committees and groups had considered matters related to law reform.^[3]

A Law Reform Committee was first appointed by Governor Alexander Grantham on 16 March 1956 with a mandate to "examine and consider legislation enacted in the United Kingdom, having regard especially to the reports of the Law Reform Committee appointed by the Lord Chancellor on the 16th June, 1952; and to make recommendations, in the light of local circumstances, for the reform of the laws of the Colony".^[4] These terms of reference were rather restrictive, confining the committee to consideration of legislation enacted in the United Kingdom.^[3] The committee was chaired by the Chief Justice, with the Attorney General, Registrar General, Chairman of the Bar Association, President of the Law Society, and an unofficial member of the Legislative Council elected from among themselves as members. A senior crown counsel from the Legal Department served as the committee's secretary.^[5] In the years from 1957 to 1964, the committee made five reports,^[6] covering areas of law ranging from defamation,^[4] occupier's liability,^[7] and intestacy.^[8] The committee made its fifth and final report on 30 December 1964, on misrepresentation, partition, and oaths.^[9]

Shortly later, in 1965, a Law Reform Drafting Unit was created in the Attorney General's Chambers to draft law reform proposals that had been approved, and was tasked on the side with identifying UK legislation suitable for adaptation in Hong Kong. Nonetheless, the unit did not have the authority to propose any wider reforms of the law.^[3]

The modern commission (1980-present)

The Law Reform Commission, in its current form, was created by the Governor-in-Council Murray MacLehose on 15 January 1980. The proposal for the creation of a more formal mechanism for law reform was jointly presented to the Executive Council by the Chief Justice and Attorney General. The new commission differed from the old committee in that it would be chaired by the attorney general rather than the chief justice, with its members appointed by the governor.^[3]