THE LEGAL SYSTEM
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Director of Intellectual Property
The Director of Intellectual Property was established in 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. The department is also responsible for other forms of intellectual property protection, and will serve as a focal point for the further development of Hong Kong's intellectual property regime.
The Legal Profession
There are around 2 700 solicitors and 425 local law firms in Hong Kong. In addition, there are around 30 foreign law firms which advise on foreign law.
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 500 barristers in Hong Kong.
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.
Legal Aid, Advice and Assistance
Hong Kong has developed, over the years, a comprehensive system of legal aid, advice and assistance, funded by the government through the Legal Aid Department and the Duty Lawyer Service. The latter is administered by the Law Society and the Bar Association.
Legal Aid
The Legal Aid Department provides assistance in legal representation to persons in both civil and criminal cases heard in the District Court, the High Court, the Court of Appeal in Hong Kong and also, the Judicial Committee of the Privy Council in England. An applicant is required to satisfy the Director of Legal Aid of his financial eligibility (the means test) and of the justification for legal action (the merits test).
Under the means test, a person whose disposable financial resources, including both income and capital, do not exceed $120,000 is eligible for legal aid. In calculating an applicant's disposable financial resources, the value of his owner-occupied home, tax payments and contributions to retirement schemes, in addition to various allowances for the support of himself and his dependants, are deducted. In criminal cases, the Director of Legal Aid has a discretion to grant legal aid to an applicant who fails the means test, if it is in the interests of justice to do so.
Legal aid is granted to a successful applicant either free of charge or upon payment of a graduated contribution, depending on his disposable financial resources. 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.
Legal Aid in Civil Cases
In civil cases, apart from financial eligibility, an applicant must satisfy the Director of Legal Aid, under the merits test, that he has reasonable grounds for taking or defending a