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THE LEGAL SYSTEM
Companies Registry administers the provisions of the Companies Ordinance, while the Money Lenders Registry regulates money lenders under the Money Lenders Ordinance.
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 intellectual property protection and will serve as a focal point for further development of Hong Kong's intellectual property regime.
The Legal Profession
The Law Society is the governing body for solicitors. It has wide responsibilities for maintaining professional and ethical standards and for considering complaints against - solicitors. There are around 2 400 solicitors and 400 local law firms in Hong Kong. In addition there are around 30 foreign law firms in Hong Kong which advise on foreign law.
The Bar Committee is the governing body for barristers. The conduct and etiquette of the Bar are governed by the Code of Conduct for the Bar of Hong Kong. There are around 460 barristers in Hong Kong.
Legal Aid
Hong Kong has developed over the years a very comprehensive system of legal aid, advice and assistance funded by the government through two organisations: the Legal Aid Department and Legal Advice and Duty Lawyer Scheme administered by the Law Society and the Bar Association. The Legal Aid Department administers highly sophisticated and extensive schemes for legal representation in both civil and criminal cases heard in the District Court, the High Court, the Court of Appeal and the Judicial Committee of the Privy Council in London. Legal aid is available to eligible persons in Hong Kong, resident or non-resident, either free of charge or upon payment of a graduated contribution if they satisfy the Director of Legal Aid on financial eligibility and justification for legal action.
Applications for legal aid are subject to means testing. With effect from July 1, 1992, a person whose disposable financial resources, including both income and capital, do not exceed $120,000 is financially eligible. In calculating an applicant's disposable financial resources, the value of his owner-occupied home, tax payments and contributions to retirement schemes, apart from various allowances to cater for the support of himself and his dependants, are deducted. Also since July 1, 1992, the Director of Legal Aid has the discretion to grant legal aid in criminal cases in the interests of justice to an applicant who fails the means test.
If a person is granted legal aid, the Director of Legal Aid will assign his case either to a private lawyer, or to one of the department's own lawyers in its litigation division.