CONSTITUTION AND ADMINISTRATION
Attorney General
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The Attorney General is the Governor's legal adviser. The Royal Instructions provide for him to be an ex-officio member of the Executive Council and the Legislative Council. In addition, he is Chairman of the Law Reform Commission of Hong Kong, a member of the Judicial Services Commission, a member of the ICAC Operations Review and the Complaints Committees, and a member of the UMELCO Complaints Against Police Group. He is titular head of the Hong Kong Bar. All government departments requiring legal advice receive it from the Attorney General. He is the representative of the Crown in all actions brought by or against the Crown. He is further responsible for the drafting of all legislation and for the conduct of all prosecutions.
The Attorney General's Chambers are divided into four divisions each headed by a law officer to whom the Attorney General delegates certain of his powers and responsibilities. The Civil Advisory Division is headed by the Crown Solicitor, and is responsible for giving all legal advice in civil matters and conducting all civil litigation involving the Crown. The Prosecutions Division is headed by the Director of Public Prosecutions who is responsible for deciding whether a prosecution shall be instituted. The Law Drafting Division is headed by the Law Draftsman who is responsible for drafting all legislation and subsidiary legislation. The Solicitor General heads the Administration Division, a part of which consists of the Law Reform Commission Secretariat. In the courts the Attorney General is usually represented by crown counsel who are members of his chambers. On occasions, the services of outside counsel are obtained.
It is the Attorney General who is responsible for all prosecutions in Hong Kong, and it is for him alone to decide whether or not prosecutions should be instituted in any particular case and it is his responsibility to conduct and control them. In this respect the Court of Appeal in Hong Kong held in 1979 that the powers and responsibilities of the Attorney General in Hong Kong were mutatis mutandis, the same as those of the Attorney General in England. The vast majority of minor prosecutions heard before magistrates are routine matters which are dealt with by law enforcement departments along settled guidelines issued under the authority of the Attorney General and without individual reference to the Attorney General's Chambers. Where such cases are complicated matters, or give rise to difficult points of law, then advice is sought from the Prosecutions Division and counsel from that division may conduct the subsequent prosecution. The advice of the Attorney General's Chambers must be sought in the case of serious offences where the venue of trial will be the District Court or the Supreme Court.
Law Reform Commission
The Law Reform Commission was appointed by the Governor-in-Council to consider and report on such topics as may be referred to it by the Attorney General or Chief Justice. Its membership includes Legislative Councillors, university staff and legal practitioners. The commission has issued reports on commercial arbitration, bills of exchange, laws on homosexuality and community service orders. The commission's proposals on commercial arbitration and bills of exchange have both resulted in amendments to the law in Hong Kong and it is currently looking into ways of improving the law to meet the needs of a modern and highly developed society.
Judiciary
The Chief Justice is the head of the Judiciary. He is assisted in the discharge of his administrative duties by the Registrar and Assistant Registrars of the Supreme Court.