ENG-1987 — Page 54

Hong Kong Year Books 香港年報 All

THE LEGAL SYSTEM

37

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 prominent members of the community. The commission's proposals on commercial arbi- tration, 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, the legal effects of age, and coroners 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 con- fidence actions, wills and intestate succession, the law relating to bails, arrest and detention, interest on debt and damages and the competence and compellability of spouses.

Registrar General

The Registrar General is a statutory office established by the Registrar General (Establish- ment) Ordinance. The functions of the Registrar General's Department are carried out by the Land Office which deals with the registration of land, the Companies Registry which keeps records of companies, the Trade Marks Registry which handles the registration of trade marks, the Patents Registry which examines patent applications and the Money Lender Registry which processes applications for money lender licence.

The Registrar General also acts as: the Official Receiver who is appointed trustee or liquidator in bankruptcy and liquidation cases, the Insurance Authority who scrutinises applications to become authorised insurance company, the Official Trustee and the Official Solicitor.

Legal Aid

Hong Kong has now a well established system of legal aid emphasising the government's continuing desire and effort to promote social justice. Most civil and criminal cases lie within the scope of legal aid offered by the Legal Aid Department. The Law Society, through an executive committee which includes representatives from the Bar Association, provides free legal representation to defendants in certain criminal cases heard in the Magistrates' Courts and Juvenile Courts of Hong Kong. These aspects of legal welfare are funded by the government.

Any litigant in Hong Kong, resident or non-resident, may apply for legal aid and such aid will be granted if the Director of Legal Aid is satisfied with the applicant's financial eligibility and the justification for legal aid.

Civil Legal Aid

The present maximum financial eligibility for legal aid provided by the Legal Aid Department is a disposable monthly income of $2,200 per month and disposable capital of

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