ENG-1994 — Page 75

THE LEGAL SYSTEM

The Magistrates' Courts have the highest volume of cases of all the courts, trying some 90 per cent of the cases heard annually in Hong Kong. Including one Chief and 10 Principal Magistrates, there are 68 professional magistrates sitting in 10 magistracies - two on Hong Kong Island, four in Kowloon and four in the New Territories. They have a purely criminal jurisdiction covering a wide range of offences. Professional magistrates are empowered to impose sentences of up to three years' imprisonment and fines of up to $5 million for certain offences under the Gambling Ordinance. They also try cases in the Juvenile Court, which has jurisdiction in charges against children and young persons aged up to 16 years, except in cases involving homicide. In addition to the professional magistrates, there are 11 Special Magistrates, who are not legally qualified. They handle routine cases such as littering and minor traffic offences. Their powers of sentencing are limited to fines of up to $50,000.

In addition to these principal courts of civil and criminal jurisdiction, there are five tribunals presided over by judicial officers. The Small Claims Tribunal hears minor civil claims, up to a limit of $15,000 at present. The Labour Tribunal hears civil claims arising from contracts of employment. The Lands Tribunal, which forms part of the District Court, has a specialised role with jurisdiction in matters of rating and valuation, and in assessing compensation when land is resumed by the government or reduced in value by development. The Obscene Articles Tribunal is also specialised, with jurisdiction to determine whether or not an article is obscene, and to classify it into statutory categories of acceptability or otherwise. The Coroner's Court handles inquiries into unusual circum- stances causing death.

The main official language of the courts in Hong Kong is English. This is exclusively so at present in the Court of Appeal, the High Court and the District Court, while in the other courts and tribunals Cantonese may be used. Whichever language is used by the court for a case, however, a party or witness may still use Chinese or English, or indeed any other language permitted by the court. After two preliminary studies, the Chief Justice appointed, in July, the Steering Committee on the use of Chinese in Courts, chaired by a High Court Judge, to advise him on the implementation of a wider use of the Chinese language in courts.

Arbitration and Alternative Dispute Resolution

Arbitration has been a popular method of dispute resolution in Hong Kong for some time. It is governed by the Arbitration Ordinance, which has two distinct regimes - a domestic regime based on English law and an international regime which includes the UNCITRAL Model Law, the model law adopted by the United Nations Commission on International Trade Law. Arbitral awards made in Hong Kong can be enforced in more than 80 other jurisdictions which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The Hong Kong International Arbitration Centre (HKIAC) was established in 1985, to act as an independent and impartial focus for the development of all forms of dispute resolution in Hong Kong and Southeast Asia. The HKIAC provides information on dispute resolution and arbitrations both in Hong Kong and overseas. It operates panels of international and local arbitrators, and maintains lists of mediators. The HKIAC premises, situated in Central district, have purpose-built hearing rooms and full support facilities. The number of cases involving the HKIAC has substantially increased in recent years. It is anticipated, given the

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