THE LEGAL SYSTEM
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The Civil Division, headed by the Law Officer (Civil Law), 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), advises on the legal implications of the Sino-British Joint Declaration and other international agreements applicable to the HKSAR and provides advice on all aspects of public 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 provides legal input on a wide variety of topics being considered by the government, and also advises on issues affecting the administration of justice, human rights, constitutional law, China law and the Basic Law.
The Prosecutions Division is headed by the Director of Public Prosecutions. Counsel from this division conduct prosecutions in the majority of trials in the Court of First Instance and the District Court, 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.
The Basic Law of the HKSAR came into effect on July 1, 1997. In order to enhance civil servants' understanding in the Basic Law, the Civil Service Training and Development Institute has been organising regular seminars on the subject since 1995. The Department of Justice has contributed to these seminars by supplying both training materials and speakers. Specific training courses for particular bureaux and departments are arranged as and when needed. The Basic Law is also covered in the curriculum of China studies courses organised by the institute, such as one at the Tsinghua University of Beijing. The department has also helped the institute prepare a self-training booklet and computer disk on the Basic Law for civil servants, and more than 130 000 of these have been distributed.
Law Reform Commission
The Law Reform Commission was appointed in January 1980. It considers and reports on such topics as may be referred to it by the Secretary for Justice or Chief Justice of the Court of Final Appeal of the HKSAR. Its membership includes academic and practising lawyers, and prominent members of the community.
Since its establishment, the commission has published 34 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, bankruptcy, fraud, illegitimacy, hearsay evidence in civil actions, and statutory interpretation. The recommendations in 21 of its reports have been implemented, either in whole or in part. It is currently considering references on privacy, guardianship and custody, insolvency, description of flats on sale, and product liability.