Creating the role of a deputy justice minister in Hong Kong will solve a persistent problem of who takes charge of the department when the secretary is away, legal experts and staff members have suggested. The proposed addition could also ensure that a justice minister out of the city on official business did not leave crucial legal decisions up to a civil servant who was not politically appointed, they said. Under the current government structure, the justice secretary has no politically appointed subordinate directly underneath her or any suitable fellow bureau chief who can be given temporary responsibility for the portfolio during the minister’s absence. The chief secretary and financial secretary do not encounter this problem as they can rely on other bureau chiefs, who in turn can seek the help of their own undersecretaries. Referring to the lack of a deputy justice secretary, one experienced lawyer from the Department of Justice (DoJ) who requested anonymity called the situation “not ideal”. But another legal expert expressed concerns that the new post might further politicise the department, given incoming leader John Lee Ka-chiu had stated he intended to provide more resources for both the secretary and the deputy to “let people know the true picture of Hong Kong”. Eric Lai Yan-ho, a fellow at the Georgetown Centre for Asian Law, said it appeared the deputy would take charge of political communications for now, a role normally set aside for political assistants attached to ministers. “There are these elements of combat and lobbying,” Lai said. On Tuesday, incumbent leader Carrie Lam Cheng Yuet-ngor’s de facto cabinet approved the restructuring blueprint, which is expected to cost taxpayers an extra HK$95 million (US$12.1 million) a year. The plan will head to the Legislative Council for a vote. While the deputy posts for the chief and financial secretaries had been rumoured for weeks, and made sense given they oversee nine and four bureaus, respectively, the new assistant for the justice minister came as a surprise, given the job requires managing only one department. But the DoJ employee who spoke to the Post anonymously said the secretary for justice was left to delegate her powers task by task to the appropriate staff member, such as the director of public prosecutions and solicitor general, every time she was away, because no single individual could fully take over. If a mistake was made during the course of delegation, civil servants would be answerable to an intricate set of civil service rules, whereas a politically appointed official could be forced to step down immediately over the worst errors, he noted. “You are also asking a civil servant to make decisions reserved for politically appointed officials,” he said. Hong Kong justice dept seeks more say in punishments for certain offences Former director of public prosecutions Grenville Cross said such an issue might not be the “overriding factor” but “certainly an important consideration” in the call for the new deputy post. “It certainly makes sense for there to be someone ‘in charge’ while the secretary for justice is away or otherwise unavailable,” he added. Senior counsel Ronny Tong Ka-wah, a member of the government’s Executive Council advisory body, also acknowledged the problem, although he believed it played only a minor part in the decision to revamp the government. “It has never been a huge cause for concern over the past decades,” he said. Shortly after the restructuring blueprint emerged on Tuesday, Lee, the chief executive-elect, laid out his rationale. “I want more efforts to be done on promoting the understanding of the [Chinese] constitution and the Basic Law,” he said. “I want the secretary for justice and the deputy to go out to explain in full the legal system in Hong Kong and the rule of law and the independent judiciary in Hong Kong, so as to let people know the true picture of Hong Kong, particularly when we have been ‘bad mouthed’ by some politicians for political reasons, criticising unfairly the system that is being practised in Hong Kong.” Lai, from Georgetown, described the new position as “innovative” and filled with “political colour”, but he also expressed concerns that it might suggest the department could be expanding its national security work. It remained unclear whether the main duties for national security would rest with the secretary or be shared with her deputy. Hong Kong justice minister wants her solicitors to qualify for senior counsel rank But Cross said he doubted the deputy would play a significant role in national security. “Although this is certainly an area in which the deputy would be able to lend a helping hand, perhaps in relation to particular projects, this may not have to be significant, always remembering that, as provided for by the national security, the DoJ’s national security prosecutions division has already been established, headed by its own law officer (national security),” he said. Cross added that in general, the justice secretary carried a “huge portfolio”. “A deputy will be able to assist with some of the administrative, legal and political functions, thereby freeing the secretary for justice up for key responsibilities,” he said. “In terms of transparency, the deputy could have responsibility for ensuring that the department’s stance on the issues of the day is clearly articulated to the public and, whenever necessary, the wider world.”