ENG-1980 — Page 331

248

CONSTITUTION AND ADMINISTRATION

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 1980, about 350 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.

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 1978-80 is in Appendix 32. The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and six 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.

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 is subject to a means test and can be granted to both residents 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. Even so, the test does have a certain degree of flexibility, and 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.

People wishing to apply for legal aid can make their applications at the department's headquarters in Des Voeux Road, Central District, or at the Kowloon Branch Office in Nathan Road, Mong Kok. Their cases are processed by full-time legal aid officers. When all the evidence has been gathered and the relevant law is applied, a decision is made about whether to grant or refuse legal aid. If aid is refused, the applicant has a right of appeal to the Registrar of the Supreme Court.

It is the policy of the department that the legal aid schemes should be operated on the basis of partnership with the legal profession. Over the years, legal practitioners have generously given their time to aided people, often for fees which are smaller than those earned in private cases.