ENG-1991 — Page 61

THE LEGAL SYSTEM

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in all its land transactions. The Companies Division comprises the Companies Registry and the Money Lenders Registry. The Companies Registry administers the provisions of the Companies Ordinance, while the Money Lenders Registry regulates money lenders under the Money Lenders Ordinance. 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 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.

Director of Intellectual Property

The Director of Intellectual Property was established on July 2, 1990, as a statutory office by the Director of Intellectual Property (Establishment) Ordinance, to take over from the Registrar General the statutory offices of Registrar of Trade Marks and Registrar of Patents. The Intellectual Property Department includes the Trade Marks and Patents Registries which provide and administer a system of trade mark and patents registration and protection under the provisions of the Trade Marks Ordinance and Registration of Patents Ordinance. In addition, the department is responsible for other forms of intellectual property protection and will serve as a focal point for further development of Hong Kong's intellectual property regime.

Legal Aid

Hong Kong has developed over the years a very comprehensive system of legal aid funded by the government through two organisations: the Legal Aid Department and Legal Advice and Duty Lawyer Scheme administered by the Law Society and the Bar Association. The Legal Aid Department administers highly sophisticated and extensive schemes for legal representation in both civil and criminal cases heard in the District Court, the High Court and the Court of Appeal. Legal aid is available to eligible persons in Hong Kong, resident or non-resident, either free of charge or depending on their financial circumstances, upon payment of a graduated contribution if they satisfy the Director of Legal Aid on financial eligibility and justification for legal action.

Training of law clerks is provided by the department's own professional officers. From time to time officers at all levels attend job-related training courses provided by the Civil Service Training Centre. The department also participates in the training programmes for its own articled clerks and those from the Legal Department.

The Official Solicitor

The Official Solicitor Ordinance 1991 became effective on August 1, 1991. The Director of Legal Aid was appointed the first Official Solicitor and a separate office with a senior lawyer and support staff was established to represent persons under legal disability in court proceedings in Hong Kong. It is a rationalisation of the previous practice under which the duties were undertaken by various Government Departments.

Civil Legal Aid

The financial limits in both civil and criminal cases remain the same, namely a person who has a disposable monthly income not exceeding $2,200, and a disposable capital of not exceeding $15,000, is financially eligible. Disposable income and capital are arrived at