ENG-1986 — Page 58

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CONSTITUTION AND ADMINISTRATION

The Attorney General's Chambers are divided into four divisions and a Special Duties Unit each headed by a law officer to whom the Attorney General delegates certain of his powers and responsibilities. The Civil 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 Crown Prosecutor who is responsible for the investigation and conduct of criminal proceedings. 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 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.

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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.

Law Reform Commission

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 or Chief Justice. Its membership includes Legislative Councillors, academic and practising lawyers, and pro- minent members of the community. The commission's proposals on commercial arbitra- tion, bills of exchange, community service orders, contribution between wrong-doers and damages for personal injuries and death have been enacted. Reports on aspects of insurance law, the admissibility of confession statements and the legal effects of age have been published and will shortly be followed by reports on contempt of court and unfair contract terms. The commission is considering hearsay evidence in civil proceedings, breach of confidence actions, coroners, wills and intestate succession, the law relating to bails, arrest and detention, the law of international arbitration, interest on debt and damages and the competence and compellability of spouses.

Legal Aid

To ensure that access to the courts is 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 fairly comprehensive system of legal aid. This system is administered by the Legal Aid Department and provides legal representation in both civil and criminal courts. In addition to this, the Law Society of Hong Kong operates the Law Society Legal Advice and Duty Lawyer Schemes which provide free legal advice in civil law matters and free legal