ENG-1988 — Page 62

THE LEGAL SYSTEM

45

Most 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, or give rise to difficult points of law, advice is sought from the Prosecutions Division. The advice of the Attorney General's Chambers must be sought in the case of serious offences which are to be heard in 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.

11

The Commission's reports on Commercial Arbitration, Bills of Exchange, Community Services Orders, Contribution between Joint Wrongdoers and Damages for Personal Injuries and Death have been implemented by the government. The Commission has published reports on the Laws Governing Homosexual Conduct, Confessions in Criminal Cases, Insurance, Young Persons Effects of Age in Civil Law, Control of Exemption

―

Clauses, Contempt of Court, the Model Law of Arbitration and Coroners.

It is considering Evidence in Civil Actions, Breach of Confidence Actions, Wills and Intestate Succession, Bail, Interest on Debt and Damages, Competence and Compellability of Spouses, Arrest and Detention, Sales of Goods and Supply of Services, Copyright, Loitering and Fraud.

Registrar General

The Registrar General, a statutory office established by the Registrar General (Establish- ment) Ordinance, combines the statutory offices of Land Officer, Registrar of Companies, Registrar of Trade Marks and Patents, Insurance Authority, Official Receiver, Official Trustee and Official Solicitor. The Registrar General's Department is divided into four main divisions. The Land Division operates the Land Registry under the provisions of the Land Registration Ordinance and also provides a conveyancing and legal advisory service to the government in all of its land transactions. The Commercial Division comprises the Companies Registry, the Trade Marks and Patents Registries and the Money Lenders Registry. The Companies Registry administers the provisions of the Companies Ordinance, while the Trade Marks and Patents Registries provide and administer a system of trade marks and patents registration and protection under the provisions of the Trade Marks Ordinance and the Registration of Patents Ordinance. The Insurance Division provides prudential supervision, under the provisions of the Insurance Companies Ordinance, over insurance companies carrying on insurance business in, or from, Hong Kong, and the Insolvency Division provides an insolvency service to the private sector as trustee in bankruptcy and liquidator in companies winding-up.

The Registrar General is also an ex-officio member of the Securities Commission, the Insurance Advisory Committee and the Standing Committee on Company Law Reform and represents the Financial Secretary as an ex-officio member of the Council of the Hong Kong Society of Accountants.

Legal Aid

Hong Kong has developed over the years a very comprehensive system of legal aid, emphasising the government's continuing desire and effort to promote social justice.