THE LEGAL SYSTEM
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The Attorney General's Chambers comprise the Attorney General's Office and six divisions, five of which are headed by a Law Officer to whom the Attorney General delegates certain of his powers and responsibilities. The remaining division, headed by the Chambers Manager, deals with administrative matters. The Attorney General's Office provides legal and administrative support to the Attorney General in respect of his many functions which include being the principal legal adviser to the Governor and to the government as a whole, serving as a member of the Executive Council, promoting legislation relating to the administration of justice and legal services, and answering questions raised by members of the Legislative Council.
The Civil Division, headed by the Crown Solicitor, provides legal advice to the government on civil law and conducts civil litigation, arbitration and mediation, on behalf of the government.
The International Law Division, headed by the Law Officer (International Law), deals with all external legal matters arising out of the Sino-British Joint Declaration and other international agreements, and advises upon questions of international law. The Law Drafting Division, headed by the Law Draftsman, is responsible for drafting and translating all legislation, including subsidiary legislation, in Chinese and English, and assists in steering legislation through the Executive and Legislative Councils.
The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division services the professional needs of the Attorney General, and provides legal input on a wide variety of topics being considered by the government. The division also advises on issues affecting the administration of justice, human rights, constitutional law, China law and Basic Law. The Prosecutions Division is headed by the Crown Prosecutor, who is commonly known as the Director of Public Prosecutions. Counsel from this division conduct prosecutions in the majority of High Court and District Court trials, and often appear before magistrates when an important point of law is involved. The division also provides legal advice to the police and other government departments responsible for prosecuting offences.
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 academic and practising lawyers, and prominent members of the community.
Since its establishment in 1980, the commission has published 30 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, bankruptcy, fraud, and illegitimacy. The recommendations in 18 of its reports have been implemented, either in whole or in part. It is currently considering references on hearsay evidence in civil actions, 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. The Intellectual Property Department includes the Trade Marks and Patents Registries,