ENG-1988 — Page 60

THE LEGAL SYSTEM

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In the exercise of its jurisdiction, the tribunal has the powers of the District Court. In addition, it enjoys the powers of the High Court in relation to certain matters and is empowered, so far as it thinks fit, to follow the practice and procedure of the High Court. The Small Claims Tribunal deals with monetary claims involving amounts not exceeding $15,000. The procedure followed is simple and informal, and legal representation is not allowed.

The Labour Tribunal deals with individual money claims arising from contracts of employment. The informal procedure followed is initially directed at reconciling the parties to the dispute.

The Obscene Articles Tribunal, established in 1987, has two judicial functions. Firstly, it has exclusive jurisdiction to determine whether an article referred to it by a court or a magistrate is an obscene or indecent article and where the matter publicity displayed is indecent. These referrals by the court are a result of a defendant facing a charge under the penal provisions of the Control of Obscene and Indecent Articles Ordinance. Secondly, a tribunal also has power to classify an article as Class I (either obscene nor indecent), Class II (an indecent article) or Class III (an obscene article). An author, printer, manufacturer, publisher, importer, distributor or owner of copyright of an article, can submit it to a tribunal for classification.

Magistrates exercise criminal jurisdiction over a wide range of indictable and summary offences. Although there is a general restriction of two years imprisonment or a fine of $10,000 on indictable offences which are dealt with summarily, a growing number of ordinances give magistrates the power to impose sentences up to three years imprisonment and substantially larger fines, in some cases up to $1,000,000.

Proceedings in all indictable offences originate in a Magistracy. The Attorney General may apply to have a case transferred to the District Court or committed to the High Court depending on the seriousness of the case. Committals to the High Court for trial are usually made by a magistrate if, after hearing the evidence in a preliminary inquiry, he is of the opinion that there is sufficient evidence to put the defendant on trial in the High Court. The exceptions are in cases where the defendant elects to have an automatic committal.

Lay assessors sit as advisers with newly-arrived magistrates recruited from overseas. Assessors are local residents with a knowledge of local customs, traditions and community feelings. They are drawn from a panel of about 300 assessors.

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Ten Cantonese-speaking special magistrates, who are not legally qualified but are experienced in judicial work, have been appointed to deal with cases of more routine nature, such as hawking and minor traffic cases. Their powers of punishment, however, do not include the power of imprisonment.

Three coroners conduct inquiries into the cause of, or circumstances connected with deaths which occur suddenly, by accident or violence, or under suspicious circumstances. They may sit with a jury of three people.

The Juvenile Court has jurisdiction to hear charges against children (aged under 14) and young persons (aged between 14 and 16) for any offence other than homicide.

The District Court, established in 1953, has limited jurisdiction in both civil and criminal matters. It has civil jurisdiction to hear monetary claims up to $120,000 or, where the claims are for recovery of land, the annual rent or rateable value does not exceed $100,000. In its criminal jurisdiction, the court may try the more serious cases with the exception of a few very serious offences such as murder, manslaughter and rape. The maximum term of imprisonment it can impose is seven years. It also exercises appellate jurdisdiction in appeals against the assessment of stamp duty imposed by the Collector of Stamp Revenue.

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