ENG-1985 — Page 52

CONSTITUTION AND ADMINISTRATION

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involving the Crown. The Prosecutions Division is headed by the Crown Prosecutor who is responsible for deciding whether a prosecution shall be instituted. The Law Drafting Division is headed by the Law Draftsman who is responsible for drafting all legislation and subsidiary legislation. The Solicitor General heads the Policy and Administration Division, a part of which consists of the Law Reform Commission Secretariat. The Special Duties Unit has recently been set up to consider treaties to which Hong Kong is a party and other international obligations in the light of the Sino-British Joint Declaration.

In the courts, the Attorney General is usually represented by 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 a prosecution should be instituted in any particular case and it is his responsibility to conduct and control the action. 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.

The 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. The advice of the Attorney General's Chambers must be sought in the case of serious offences where the venue of trial will be the District Court or the Supreme Court.

Legal Aid

To ensure that justice is made available to those persons who are unable to bear the cost of protecting their lawful rights and freedom, Hong Kong has developed over the years a comprehensive and sophisticated system of legal aid. This system is administered by the Legal Aid Department and provides legal representation in both civil and criminal courts while the Law Society Legal Advice and Duty Lawyer Schemes provide free legal advice in civil law matters and free legal representation to defendants in certain criminal cases in the Magistrates' Courts.

Funded by the Hong Kong Government, legal aid is available to residents and non-residents in Hong Kong who satisfy the Director of Legal Aid on financial eligibility and justification for legal action. The financial limits in both civil and criminal cases are the same. The maximum eligibility limits for legal aid in 1985 were a monthly disposable in- come of $1,500 and disposable capital of $15,000. A review conducted during the year proposed an increase in the eligibility limits on income. Disposable income and capital are arrived at after 'allowances' have been deducted from actual earnings and capital of applicants. Legal aid is provided either free or on payment of a contribution depending on the amount of the disposable income and capital. If a legally aided person in civil litigation is successful and legal costs are recovered in the proceedings, then any contribution he may have paid will be refunded. In unsuccessful litigation, the liability for costs of an aided person is limited to the amount of the contribution, if any.

In addition to financial eligibility, the applicant must satisfy the Director of Legal Aid in civil cases that he has a reasonable chance of succeeding in the litigation for which he seeks aid. Legal aid is available for a wide range of civil proceedings in the District Courts, High Court, Court of Appeal and appeals to the Judicial Committee of the Privy Council in London. Traffic accident claims, claims in respect of industrial accidents and employees'