THE LEGAL SYSTEM
Since its establishment, the commission has published 39 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 24 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 and contracts for the supply of goods.
The Legal Profession
The HKSAR has more than 4 900 practising solicitors and 630 local law firms, plus some 39 foreign law firms, 646 registered foreign lawyers and six registered associations between foreign law firms and local law firms in the HKSAR.
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 780 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 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 judgments, 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. The court is headed by the Chief Justice. There are three permanent judges and a panel of 12 non-permanent Hong Kong judges and nine non-permanent judges from other common law jurisdictions. In hearing and determining appeals, the court may, as required, invite a non-permanent Hong Kong judge or a non-permanent judge from other common law jurisdictions to sit on the court. The Chief Justice is the head of the Judiciary. He is assisted in the overall administration by the Judiciary Administrator.
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 to the Chief Judge are nine Justices of Appeal and 25 Judges of the Court of First Instance. The court's Registrar, Senior Deputy Registrars and Deputy Registrars serve as Masters of the High Court in civil trials in the Court of First Instance.
The Court of Appeal hears civil and criminal appeals from the Court of First Instance and the District Court. The Court of First Instance's jurisdiction is unlimited in both civil and criminal matters. Civil matters are usually tried by Court of First Instance Judges sitting without juries, although there is a rarely used provision for jury trials in certain cases, including defamation. For criminal trials, they sit with a jury of seven, or sometimes nine on special direction of the Judge.
The District Court is one level below the Court of First Instance. It has a Chief District Judge and 33 Judges, who sit without a jury in both criminal and civil cases.
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