THE LEGAL SYSTEM
survive after 1997. The target date for completion of the localisation of laws programme is 1994.
Legislation has already been enacted to localise laws in the fields of admiralty juris- diction, marine pollution and international financial organisations.
The past year also saw the making of the Hong Kong (Legislative Powers) Order 1989 under the Hong Kong Act 1985. The order facilitates localisation of laws required to give effect to international agreements which apply to Hong Kong.
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.
The Attorney General is responsible for all prosecutions in Hong Kong, and it is for him alone to decide whether or not a prosecution should be instituted in any particular case, and it is his responsibility to conduct and control the proceedings.
Most 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, or give rise to difficult points of law, advice is sought from the Prosecutions Division. The advice of the Attorney General's Chambers must be sought in the case of serious offences which are to be heard in 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, academic and practising lawyers, and prominent members of the community.
The commission's reports on Commercial Arbitration, Bills of Exchange, Community Services Orders, Contribution between Joint Wrongdoers, Control of Exemption Clauses and Damages for Personal Injuries and Death have been implemented by the government. The commission has published reports on the Laws Governing Homosexual Conduct, Confessions in Criminal Cases, Insurance, Young Persons - Effects of Age in Civil Law, Control of Exemption Clauses, Contempt of Court, the Model Law of Arbitration, Coroners, and Competence and Compellability of Spouses in criminal proceedings.
It is considering Evidence in Civil Actions, Breach of Confidence Actions, Wills and Intestate Succession, Bail, Interest on Debt and Damages, Arrest and Detention, Sales of Goods and Supply of Services, Copyright, Loitering and Fraud.
Registrar General
The Registrar General, a statutory office established by the Registrar General (Establishment) Ordinance, combines the statutory offices of Land Officer, Registrar of Companies, Registrar of Trade Marks and Patents, Insurance Authority, Official Receiver, Official Trustee and Official Solicitor. The Registrar General's Department is divided into four main divisions. The Land Division operates the Land Registry under the provisions of the Land Registration Ordinance and also provides a conveyancing and legal advisory service to the government in all of its land transactions. The Commercial Division comprises the Companies Registry, the Trade Marks and Patents Registries and the Money Lenders Registry. The Companies Registry administers the provisions of the Companies Ordinance, while the Trade Marks and Patents Registries provide and administer a system of trade marks and patents registration and protection under the provisions of the Trade
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