ENG-1993 — Page 60

Hong Kong Year Books 香港年報 All

THE LEGAL SYSTEM

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 prosecu- tion in the majority of High Court and District Court trials, and often appear before magistrates when an important point of law is involved. The division also provides legal advice to the 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 23 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, and illegitimacy. The recommendations in 11 of its reports have been implemented, either in whole or in part. The other reports are still under consideration.

The commission is currently considering references on evidence in civil actions, fraud, privacy, codification of the criminal law, guardianship and custody, insolvency, description of flats on sale, and interpretation of statutes.

Registrar General

The office of the Registrar General was established in 1949 by the Registrar General (Establishment) Ordinance. Prior to its re-organisation, the Registrar General's Depart- ment included what are now the Intellectual Property Department, the Office of the Com- missioner of Insurance, the Official Trustee and the Official Solicitor (both in the Legal Aid Department), the Official Receiver's Office, the Legal Advisory and Conveyancing Office of the Lands Department, the Land Registry, the Companies Registry and the Money Lenders Registry.

On May 1, the re-organisation of the Registrar General's Department was completed, with the establishment in the final phase of the new Land Registry and the new Companies Registry as separate departments of the government. The Land Registry operates a land registration service under the provisions of the Land Registration Ordinance, and a registry of owners corporations under the Building Management Ordinance. The Companies Registry administers the provisions of the Companies Ordinance and a number of related ordinances, and includes the Money Lenders Registry, which regulates money lenders under the Money Lenders Ordinance.

On August 1, the Land Registry and the Companies Registry were the first departments of the government to be operated on the basis of their own separate trading funds, established by resolution of the Legislative Council under the provisions of the Trading Funds Ordinance. The establishment of these trading funds represents a new initiative designed to enable certain government agencies to improve and meet increasing demand for the services they provide to the public.

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