THE LEGAL SYSTEM
The International Law Division, headed by the Law Officer (International Law), deals with all external legal matters arising out of the Sino-British Joint Declaration and other international agreements, and advises upon questions of international law.
The Law Drafting Division, headed by the Law Draftsman, is responsible for drafting all legislation (including subsidiary legislation) in Chinese and English, and assists in steering legislation through the Executive and Legislative Councils.
The Solicitor General heads the Legal Policy Division which includes the Law Reform Commission Secretariat. The division services the professional needs of the Attorney General, and provides legal input on a wide variety of topics being considered by the government.
The Prosecutions Division is headed by the Crown Prosecutor who is commonly known as the Director of Public Prosecutions. Counsel from this division conduct the prosecution in the majority of High Court and District Court trials and often appear before magistrates when an important point of law is involved. This division also provides legal advice to police and other government departments responsible for prosecuting offences.
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.
Since its establishment in 1980, the commission has published 22 reports covering subjects as diverse as Commercial Arbitration, Homosexuality, Bail, Sale of Goods and Supply of Services, and Illegitimacy. The recommendations in 10 of those reports have been implemented either in whole or in part and others are still under consideration.
The commission is currently considering references on Evidence in Civil Actions, Copyright, Fraud, Privacy, Codification of the Criminal Law, Guardianship and Custody, Insolvency, Description of Flats on Sale, and Interpretation of Statutes.
Registrar General
The Registrar General, a statutory office established by the Registrar General (Establishment) Ordinance, combines the statutory offices of Land Officer and Registrar of Companies. Previously, the Registrar General also combined the statutory office of Official Receiver but on June 1, 1992, a new department entitled the Official Receiver's Office was established by the enactment of the Official Receiver's Ordinance 1992 (No. 39 of 1992). In addition, the Registrar General, in his capacity as Land Officer, was previously responsible for the operation of the Legal Advisory and Conveyancing Section of the Land Division of the Registrar General's Department. However, on December 1, 1992, responsibility for that section was transferred to the Legal Advisory and Conveyancing Office of the Buildings and Lands Department under the Director of Buildings and Lands.
The Registrar General's Department is therefore now divided into two main divisions. The Land Division operates a land registration service under the provisions of the Land Registration Ordinance (the Land Registry) and also a registry of owners corporations under the Multi-Storey Buildings (Owners Incorporation) Ordinance. The Companies Division comprises the Companies Registry and the Money Lenders Registry. The
33
No comments yet.
Private notes are available after approval.