ENG-1982 — Page 347

264

CONSTITUTION AND ADMINISTRATION

departmental summonses. They are not legally-qualified but are experienced in judicial work. Their appointment enables the professional magistrates to devote their time to more serious cases. The powers of punishment of the lay magistrates do not include a power of imprisonment.

Two coroners conduct inquiries into the cause of, or circumstances connected with deaths which occur suddenly, by accident or violence, or under suspicious circumstances. They may sit with a jury of three people.

There is a panel of about 340 people who are 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 sit with some expatriate magistrates. They also sit with magistrates in the Money Lenders Licensing Court.

The District Court 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. It also tries criminal cases transferred to it by the magistrates. 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 and hears appeals from the Labour Tribunal and the Small Claims Tribunal. 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 1980–2 is at Appendix 32. The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and nine 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.

Attorney General

The Attorney General is the Governor's legal adviser. The Royal Instructions provide for him to be an ex-officio member of the Executive Council and the Legislative Council. In addition he is Chairman of the Law Reform Commission of Hong Kong, a member of the Judicial Services Commission, a member of the ICAC Operations Review and the Complaints Committees, and a member of the UMELCO Complaints Against Police Group. He is titular head of the Hong Kong Bar, All government departments requiring legal advice receive it from the Attorney General. He is the representative of the Crown in all actions brought by or against the Crown. He is further responsible for conducting the majority of all prosecutions and drafting all legislation required.

The Attorney General's Chambers are divided into four divisions each headed by a Law Officer. The Civil Advisory Division is headed by the Crown Solicitor, and is responsible for giving all legal advice in civil matters and conducting all civil litigation involving the Crown. The Prosecutions Division is headed by the Director of Public Prosecutions who is responsible for deciding whether a prosecution shall be instituted. He further provides counsel from his division to prosecute in the majority of cases. The Law Drafting Division is headed by the Law Draftsman who is responsible for drafting all legislation and subsidiary legislation. There is also a Law Reform Commission Secretariat in the Attorney General's Chambers. The Solicitor General is the head of administration. Certain of the Attorney General's powers and responsibilities have been delegated to these officers. In the courts the Attorney General is usually represented by