ENG-1979 — Page 313

CONSTITUTION AND ADMINISTRATION

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Resumption and Related Provisions) Ordinance, which deals with land acquired for the Mass Transit Railway.

The Small Claims Tribunal has the exclusive jurisdiction to deal with monetary claims involving amounts not exceeding $3,000. The procedure followed is simple, informal and legal representation is not allowed.

Magistrates exercise criminal jurisdiction over a wide range of indictable and summary offences. Their powers of punishment are restricted to a maximum of two years' imprison- ment or a $2,000 fine for any one offence, unless the law in regard to any particular offence prescribes that they may impose some higher penalty. Cumulative sentences of imprison- ment imposed by magistrates, for two or more offences tried together, may not exceed three years. Magistrates hold preliminary inquiries to decide whether persons accused of the most serious offences should be committed for trial in the High Court. They also transfer criminal cases to the District Court for trial, on the application of the Attorney General. There is a Coroner's Court in Kowloon for the whole territory.

At the beginning of 1979, about 200 people from varied backgrounds were appointed as lay assessors to assist in the Magistrates' Courts. Being bilingual and well-equipped with a knowledge of local customs, traditions and community feelings, the assessors sat with expatriate magistrates hearing cases involving dangerous drugs, robbery and burglary, theft, common assault and traffic offences. More lay assessors are needed and the govern- ment will invite those willing and capable to come forward.

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The District Court, established in 1953, has jurisdiction over civil disputes in which the value of the subject matter is under $20,000, or $15,000 in the case of land. The court also tries criminal cases transferred to it by the magistrates. It exercises appellate jurisdiction in stamp and rating appeals in Tenancy Tribunal matters and Labour Tribunal matters. Trial of both civil and criminal proceedings in the District Court is by a judge sitting alone. He may not award more than seven years' imprisonment.

The High Court's civil jurisdiction is similar to that of the English High Court. It also exercises jurisdiction in lunacy, bankruptcy and company winding-up matters. The most serious criminal offences are tried by a judge of the High Court sitting with a jury of seven.

A summary of cases dealt with in all courts for the years 1977-9 is in Appendix 32. The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and two Justices of Appeal. It hears appeals from the High Court and the District Court. Its jurisdiction corresponds to that of the Court of Appeal in England. Appeals may be brought from the Court of Appeal to the Judicial Committee of the Privy Council in London.

IL

Legal Aid

The Legal Aid Department administers legal aid schemes for both civil and criminal cases. The department conducts most legal aid cases through its own professional officers, sup- ported by junior staff, and is assisted by members of the Bar Association and the Law Society of Hong Kong.

In Hong Kong, legal aid, which is subject to a means test, can be granted to both resi- dents and non-residents. People of all nationalities are entitled to seek legal aid if they have a cause of action here.

The government keeps the means test under continual review. People with a real capital of up to $70,000 plus a real monthly income of up to $3,000 have been known to qualify for legal aid.