THE LEGAL SYSTEM
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division also participate in the negotiation of agreements and arrangements with other jurisdictions and handle requests to and from the HKSAR for international legal cooperation.
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. It is also responsible for the editorial work of the Laws of Hong Kong and the maintenance of the computer database of the legislation of Hong Kong.
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 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 law enforcement agencies and other government departments.
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. Besides university lecturers and officers from relevant government departments, counsel of the Department of Justice have also been invited to be speakers in these seminars. Specific training courses for particular bureaux and departments are arranged as necessary. The Basic Law is also covered in the curriculum of some China studies courses organised by the institute, such as the foundation course taught at the Tsinghua University in Beijing.
Since 2001, the Legal Policy Division and the CSTDI have co-published the Basic Law Bulletin on a regular basis in order to promote greater awareness and knowledge of the Basic Law among civil servants. In 2002, the department assisted the institute in the production of a new Basic Law web course as well as in the organisation of various Basic Law promotional activities.
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 44 reports covering subjects as diverse as commercial arbitration, divorce, sale of goods and supply of services, fraud and hearsay in civil proceedings. The recommendations in 25 of these reports have been implemented, either in whole or in part. The commission is currently considering references on privacy, guardianship and custody, domicile, hearsay in criminal proceedings, and decision-making for persons in a coma.