THE LEGAL SYSTEM
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 25 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, and illegitimacy. The recommendations in 11 of its reports have been implemented, either in whole or in part. The other reports are still under consideration.
The commission is currently considering references on hearsay evidence in civil actions, fraud, privacy, guardianship and custody, insolvency, description of flats on sale, and interpretation of statutes.
Director of Intellectual Property
The post of 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 former 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 under the Trade Marks Ordinance and Registration of Patents Ordinance. The department is also responsible for enhancing 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 3 100 solicitors and 470 local law firms in Hong Kong. In addition, there are around 40 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 550 barristers in the territory.
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 to ensure that any person who has reasonable grounds for pursuing or defending a legal action is not prevented from doing so by lack of means. The provision of legal aid services is funded by the government through the Legal Aid Department, and the Duty Lawyer Service which is administered by the Law Society and the Bar Association.
Legal Aid
The Legal Aid Department provides legal representation in both civil and criminal cases which are heard in the Magistrates' Courts where the prosecution is seeking committal of a defendant to the High Court, in the District Court, the High Court, the Court of Appeal in
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