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The Legal System
Statutory provisions empower them to impose sentences of up to three years' imprisonment and a $5 million fine. Magistrates also handle cases in the Juvenile Courts, which deal with offences, except homicide, committed by children and young persons below 16 years of age. Special Magistrates handle minor offences such as traffic contraventions. Their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.
In addition, there are five tribunals. The Lands Tribunal handles tenancy claims, building management matters, rating and valuation appeals, applications for compulsory sale of land for redevelopment, and compensation assessments when land is resumed by the government or reduced in value by development. The Labour Tribunal handles claims arising from contracts of employment and the Employment Ordinance. The Small Claims Tribunal handles civil claims of up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by authors and publishers. The Coroner's Court conducts inquests and inquiries into the causes of and circumstances connected with a death.
In accordance with the Basic Law and the Official Languages Ordinance, the courts can use both official languages in any proceedings.
The Legal Profession
The legal profession in Hong Kong is divided into two branches: barristers and solicitors. Solicitors' rights of audience are limited whereas barristers' are unlimited in all courts and tribunals where legal representation is allowed. Legislation that was enacted in 2010 allows eligible solicitors to apply for higher rights of audience before the High Court and the Court of Final Appeal.
Lawyers practising within one branch of the profession are not, at the same time, allowed to practise within the other. As at 31 December 2015, Hong Kong has 8,647 practising solicitors. and 854 local law firms, plus 77 foreign law firms and 1,299 registered foreign lawyers. Around 377 solicitors are also notaries public. The Law Society of Hong Kong maintains the professional and ethical standards of solicitors and foreign lawyers who are practising locally, and handles complaints against them.
The Hong Kong Bar Association is the professional body that regulates the professional conduct of Hong Kong's 1,331 barristers.
Legal Aid
Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service. Legal aid ensures a person who has reasonable grounds for taking or defending a legal action in the Hong Kong courts is not prevented from doing so because of a lack of means. Eligible applicants receive legal aid through the services of a solicitor and, if necessary, of a barrister.
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