ENG-1987 — Page 51

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THE LEGAL SYSTEM

ordinances and English or United Kingdom Acts where applicable. Hong Kong ordinances are often closely modelled on United Kingdom statutes, or the legislation of Common- wealth countries if considered more appropriate. Cases from Commonwealth countries and the United States of America are quoted in the courts and considered with respect. The Hong Kong courts apply a doctrine of binding precedent similar to that adopted by the English courts. The Hong Kong Court of Appeal is bound by its own previous decisions. Appeal from the Court of Appeal lies to the Privy Council and it was said in a Full Court case in 1969 that the Hong Kong courts were 'clearly bound by decisions of the Privy Council and of the House of Lords'. The Full Court again considered the question of precedent in 1973 and stated that ‘any relevant decision of the Privy Council' was binding on the Hong Kong courts.

The Attorney General's Chambers has assumed responsibility for drafting new laws in both Chinese and English and translating existing laws into Chinese. The Chinese text will be an authentic version of the laws that the courts can look to, with the English text, in ascertaining the meaning of an enactment. A discussion paper, canvassing ways in which laws in both Chinese and English might best be introduced, was issued by the Attorney General's Chambers in May 1986 for public comment. The discussion paper was favour- ably received, and enabling legislation was enacted in March 1987. Initially, only new principal legislation is to be enacted bilingually. Translation of existing laws into Chinese will be spread over a number of years. The Chinese language team in the Drafting Division of the Attorney General's Chambers started on the work of drafting laws in Chinese in July 1986.

Judiciary

The Chief Justice is the head of the Judiciary. He is assisted in the discharge of his administrative duties by the Registrar as well as Deputy and Assistant Registrars of the Supreme Court.

The Chief Justice, the Justices of Appeal and the Judges of the High Court are appointed by Letters Patent issued under the Public Seal by the Governor on instructions from the Queen, conveyed through the Secretary of State. District Judges are appointed by the Governor, by instrument under the Public Seal, and Magistrates by the Governor by

warrant.

The Judiciary tries all prosecutions and determines civil disputes, whether between individuals or between individuals and the government. The principle of English consti- tutional law, that in the performance of their judicial acts members of the Judiciary are completely independent of the executive and legislative organs of the government, is fundamental in Hong Kong.

The courts of justice in Hong Kong are the Supreme Court (comprising the Court of Appeal and the High Court), the District Court, the Magistrates' Court, the Coroners' Court, the Juvenile Court, and also include the Lands Tribunal, the Labour Tribunal and the Small Claims Tribunal.

The Lands Tribunal, established in 1974, has three principal judicial functions. First, it determines the sums payable by the government and others for compensation to persons whose land is compulsorily resumed or has its value reduced because of public or private developments. Second, the tribunal has an appellate jurisdiction from the Commissioner of Rating and Valuation. This includes appeals in respect of rateable values under the Rating Ordinance and appeals against certificates of increase in rents and other determina- tions under the Landlord and Tenant (Consolidation) Ordinance. Third, since 1982, the