THE LEGAL SYSTEM
supplying both training materials and speakers. Specific training courses for particular bureaux and departments are arranged as necessary.
The Basic Law is also covered in the curriculum of China studies courses organised by the institute, such as one at the Tsinghua University in Beijing. The department has also helped the institute prepare self-learning booklets on the Basic Law for civil servants, and more than 340 000 of these were distributed last year.
The 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 academics, practising lawyers and prominent members of the community.
Since its establishment, the commission has published 35 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 sales, contracts for the supply of goods and confession statements in criminal proceedings.
The Legal Profession
The HKSAR has more than 4 400 practising solicitors and 580 local law firms, plus some 40 foreign law firms, 450 registered foreign lawyers and six registered associations between foreign law firms and local law firms in the HKSAR which advise on foreign law.
The Law Society is the governing body for solicitors and foreign lawyers and foreign law firms in the HKSAR. It has wide responsibilities for maintaining professional and ethical standards and for considering complaints against these legal professionals.
Hong Kong has more than 680 practising barristers, whose governing body is the Hong Kong Bar Association. Their conduct and etiquette are governed by the Code of Conduct for the Bar of the HKSAR.
The Judiciary
A key element in the past success and continuing attraction of the HKSAR is that its judicial system operates on the principle, fundamental to the common law system, of the independence of the judiciary from the executive and legislative branches of government. The courts make their own judgements, whether disputes before them involve private citizens, corporate bodies or the government itself.
The Court of Final Appeal is the highest appellate court in the HKSAR. It is constituted by the Chief Justice, three permanent judges and one non-permanent Hong Kong judge or one judge from another common law jurisdiction. The Chief Justice is the head of the Judiciary. He is assisted in the overall administration by the Judiciary Administrator and her supporting team.
The High Court, comprising the Court of Appeal and the Court of First Instance, is headed by the Chief Judge of the High Court. Sitting in the High Court, in addition
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