THE LEGAL SYSTEM
division also participate in the negotiation of agreements with foreign countries and handle requests to and from the HKSAR for international legal co-operation.
The Law Drafting Division, headed by the Law Draftsman, is responsible for drafting 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, electoral law, China law and the Basic Law.
The Prosecutions Division is headed by the Director of Public Prosecutions. Counsel from this division conduct most criminal appeals up to, and including the Court of Final Appeal. They also conduct the majority of trials in the Court of First Instance and the District Court and, when necessary, they prosecute in the Magistrates' Court. The division also provides legal advice to the police, the ICAC and other law enforcement agencies.
In order to enhance civil servants' understanding of the Basic Law, the Civil Service Training and Development Institute (CSTDI) 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 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 helped the CSTDI prepare self-learning booklets on the Basic Law for civil servants, and so far more than 350 000 copies have been distributed. The department also helped the Civil Service Bureau organise a roving exhibition on the Basic Law, which attracted more than 28 000 viewers during its seven-week exhibition period in 1998.
The Law Reform Commission
The Law Reform Commission was established in January 1980. It considers and reports on such topics as may be referred to it by the Secretary for Justice or the Chief Justice of the Court of Final Appeal of the HKSAR. Its membership includes academics, practising lawyers and prominent community members.
Since its establishment, the commission has published 36 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, insolvency, fraud, illegitimacy, hearsay evidence in civil actions, and statutory interpretation. The recommendations in 23 of its reports have been implemented, either in whole or in part. It is currently considering references on privacy, guardianship and custody, debt collection, description of flats on sale, contracts for the supply of goods and confession statements in criminal proceedings.
The Legal Profession
The HKSAR has more than 4 500 practising solicitors and 600 local law firms, plus some 47 foreign law firms, 470 registered foreign lawyers and seven registered associations between foreign law firms and local law firms in the HKSAR.
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