THE LEGAL SYSTEM
conveyancing and legal advisory service to the government in all its land transactions. The Companies Division comprises the Companies Registry and the Money Lenders Registry. The Companies Registry administers the provisions of the Companies Ordinance, while the Money Lenders Registry regulates money lenders under the Money Lenders Ordinance. The Insolvency Division provides an insolvency service to the private sector as trustee in bankruptcy and liquidator in companies winding-up.
The Registrar General is also an ex-officio member of the Standing Committee on Company Law Reform, and represents the Financial Secretary as an ex-officio member of the Council of the Hong Kong Society of Accountants.
Director of Intellectual Property
The Director of Intellectual Property was established on July 2, 1990, as a statutory office by the Director of Intellectual Property (Establishment) Ordinance, to take over from the Registrar General the statutory offices of Registrar of Trade Marks and Registrar of Patents. The Intellectual Property Department includes the Trade Marks and Patents Registries which provide and administer a system of trade mark and patents registration and protection under the provisions of the Trade Marks Ordinance and Registration of Patents Ordinance. In addition, the department is responsible for other forms of in- tellectual property protection and will serve as a focal point for further development of Hong Kong's intellectual property regime.
Legal Aid
A comprehensive system of legal aid has been developed in Hong Kong over the years to ensure that justice is made available to as many persons as possible who are unable to bear the cost of protecting their lawful rights or their freedom. It is administered by the Legal Aid Department and provides legal representation in both civil and criminal cases which are heard in District Courts, the High Court, Court of Appeal and appeals to the Judicial Committee of the Privy Council in London. Such aid is available to any person in Hong Kong, resident or non-resident, who is able to satisfy the Director of Legal Aid on financial eligibility and justification for legal action. In addition, the Law Society of Hong Kong operates the Law Society Legal Advice and Duty Lawyer Schemes which provide free legal advice and free legal representation to defendants in certain criminal cases heard in the Magistrates' Courts and Juvenile Courts of Hong Kong, which are areas not covered by the Legal Aid Department. All aspects of legal welfare are funded by the Hong Kong Government.
Civil Legal Aid
The financial limits in both civil and criminal cases undertaken by the Legal Aid Department are the same. At present, persons who have a disposable monthly income of not more than $2,200, and a disposable capital of not more than $15,000, are financially eligible. Disposable income and capital are arrived at after 'allowances', including rent, have been deducted from actual earnings and capital of applicants. Legal aid is provided either free or on payment of a contribution, depending on the amount of the disposable income and capital. In addition to financial eligibility, the applicant must satisfy the Director of Legal Aid in civil cases that he has a reasonable chance of succeeding in the litigation for which he seeks aid and in recovering the judgement debt thereafter.
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