36
THE LEGAL SYSTEM
compensation cases. Its family jurisdiction involves divorce, custody and adoption matters. It also has an appellate jurisdiction over stamp duty appeals.
The Magistrates' Courts have the highest volume of cases of all the courts, trying some 90 per cent of the cases heard annually in Hong Kong. Besides one Chief Magistrate, there are 10 Principal Magistrates, 59 Magistrates and 11 Special Magistrates sitting in nine Magistrates' Courts. Magistrates exercise criminal jurisdiction over a wide range of offences. There is a general limit of two years' imprisonment or a fine of $100,000. Specific statutory provisions empower the magistrates to impose sentences up to four years' imprisonment or fines of $5 million. They also try cases in the Juvenile Court, which has jurisdiction in charges against children and young persons up to 16 years, except in cases of homicide. Special Magistrates handle routine cases such as littering and minor traffic offences. Their powers of sentencing are limited to fines of up to $100,000.
In addition to these principal courts of civil and criminal jurisdiction, there are five tribunals. The Lands Tribunal handles tenancy claims, rating and valuation appeals, applications for the compulsory sale of buildings for redevelopment, and compensation assessments when land is resumed by the Government or reduced in value by development. The Labour Tribunal hears civil claims arising from contracts of employment. The Small Claims Tribunal hears minor civil claims, up to a limit of $50,000. The Obscene Articles Tribunal determines whether or not articles are obscene, and classifies them into statutory categories of acceptability or otherwise. The Coroner's Court handles inquiries into unusual circumstances causing death.
A bilingual court system in which either or both of the official languages can be used was put in place before June 30, 1997, in accordance with the requirement in Article 9 of the Basic Law.
Legal Aid
Eligible applicants receive legal aid through the provision of the services of a solicitor and a barrister in court proceedings, as necessary, 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. Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service.
A series of improvements to the legal aid services arising from the latest Legal Aid Policy Review have been implemented as from July 2000. The improvement measures have widened the scope of legal aid services as well as the persons who may be eligible for assistance. Under the current arrangement, 58 per cent of the total number of households in Hong Kong are now financially eligible for legal aid, up from 48 per cent under the previous arrangement.
Legal Aid Department
The Legal Aid Department provides legal aid services to any person in Hong Kong, resident or non-resident, who satisfies the criteria for legal aid. Legal aid services are funded by the Government. The provision for legal costs is not cash-limited; supplementary provision may be sought if necessary. This ensures that the grant of legal aid is not prejudiced by financial constraint.