THE LEGAL SYSTEM
International Law Division is headed by the Law Officer (International Law) who deals with all external legal matters arising out of the Sino-British Joint Declaration. The Chambers Manager heads the Administration Division and deals with all administrative matters concerning the Attorney General's Chambers.
A Localisation of Laws Unit has been established in the Attorney General's Chambers to co-ordinate and speed up work in the localisation of United Kingdom legislation which now applies to Hong Kong. In conjunction with the Constitutional Affairs Branch and the International Law and Civil Divisions of Attorney General's Chambers, the unit studies all United Kingdom laws which apply to Hong Kong and consults policy branches on whether the law in question will be needed in future. Where appropriate, drafting instructions are prepared with a view to local legislation being enacted which will reproduce that law in a form which can survive after 1997. Legislation has already been enacted to localise laws in the fields of admiralty jurisdiction, marine pollution and merchant shipping.
The Attorney General is responsible for all prosecutions in Hong Kong. It is his responsibility to decide whether or not a prosecution should be instituted in any particular case, and to conduct and control the proceedings. Most minor prosecutions heard before magistrates 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, however, 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 upon serious offences which it is proposed to pursue 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.
Since its establishment in 1980, the commission has published 19 reports covering subjects as diverse as Commercial Arbitration, Homosexuality, Bail, and Competence and Compellability of Spouses in Criminal Proceedings. The recommendations in seven of those reports have been implemented by the government either in whole or in part and others are still under consideration.
The commission is currently considering references on Evidence in Civil Action, Arrest and Detention, Copyright, Fraud, Privacy, Codification of the Criminal Law, Illegitimacy, Grounds for Divorce, and Guardianship and Custody.
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 and Official Receiver and previously included the functions and duties of Official Trustee, Judicial Trustee and Official Solicitor until August 1, 1991, when they were transferred to the Director of Legal Aid.
The Registrar General's Department is divided into three 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
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