ENG-1982 — Page 348

CONSTITUTION AND ADMINISTRATION

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crown counsel who are members of his chambers. On occasions the services of outside counsel are obtained.

It is the Attorney General who is responsible for all prosecutions in Hong Kong, and it is for him alone to decide whether or not prosecutions should be instituted in any particular case and it is his responsibility to conduct and control them. In this respect the Court of Appeal in Hong Kong held in 1979 that the powers and responsibilities of the Attorney General in Hong Kong were mutatis mutandis, the same as those of the Attorney General in England.

A vast majority of minor prosecutions heard before magistrates are routine matters which are dealt with by law enforcement departments along settled guidelines issued under the authority of the Attorney General and without individual reference to the Attorney General's Chambers. Where such cases are complicated matters, or give rise to difficult points of law, then advice is sought from the Prosecutions Division. Similarly, in the case of serious offences where the venue of trial will be the District Court or Supreme Court, then the advice of the Attorney General's Chambers must be sought in each case.

The Law Reform Commission was appointed by the Governor-in-Council to consider and report on such topics as may be referred to it by the Attorney General and Chief Justice. Its membership also includes Legislative Councillors, university staff and legal practitioners. The commission has now received reports from its sub-committees on commercial arbitration, laws on homosexuality, laws of evidence in civil proceedings and aspects of laws on bills of exchange. The commission's proposals on commercial arbitration have resulted in amendments to the law which facilitate the conduct of local and international arbitration proceedings in Hong Kong. The commission is currently working on a number of projects looking into ways of improving the law and making it meet the needs of a modern and highly developed society.

Legal Aid

Hong Kong has a sophisticated and extensive system of legal aid. Most civil and criminal cases lie within the scope and jurisdiction of the Legal Aid Department, while the Law Society, through an Executive Committee which includes representatives from the Bar Association, provides free legal advice in civil law matters and free legal representation to defendants in certain criminal cases heard in six Magistrates' Courts.

Legal Aid Department

There has been considerable development in the civil and criminal legal aid schemes administered by the department since their inception in 1967. This development is in- dicative of the importance that the government has placed on the promotion of social justice. Such aid is available to any person in Hong Kong, resident or non-resident, who satisfies the Director of Legal Aid on financial eligibility and justification for legal action. The legal aid system is funded by the government, but financial means test limits are imposed on applicants. At present, persons who have a disposable income of not more than $1,000 and a disposable capital of not more than $10,000 are financially eligible. Due to the effects of recent inflation and the very high and ever increasing cost of obtaining legal repre- sentation on a private fee paying basis, a 50 per cent increase in means test limits in relation to disposable income and capital in civil cases, and a 50 per cent increase in the limits on disposable capital in criminal cases is planned for early 1983. Disposable income and disposable capital are arrived at after 'allowances' have been deducted from actual earnings and capital of applicants. These allowances were also greatly increased during 1982.