ENG-1995 — Page 59

THE LEGAL SYSTEM

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 circumstances causing death.

The main official language of the courts in Hong Kong is English. This is exclusively so in the Court of Appeal, the High Court, the District Court and certain tribunals, while in the other courts and tribunals either English or Chinese 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 any other language permitted by the court. Legislation enabling the phased introduction of the use of Chinese in the higher courts was passed in July 1995. A steering committee, appointed by the Chief Justice and chaired by a High Court Judge, has drawn up a programme to allow the use of Chinese, along with English, in all judicial proceedings in Hong Kong before July 1, 1997. This programme is ambitious and wide-ranging. The pace of its phased implementation will be decided by the Chief Justice having regard to the availability of facilities and expertise and the experience gained from a series of trial schemes which will run until July 1997.

Following on the Sino-British agreement on the Court of Final Appeal, action is now in hand for the establishment of the Court of Final Appeal in the French Mission Building.

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 Com- mission on International Trade Law. 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 over- seas. It operates panels of international and local arbitrators, and maintains lists of mediators.

The HKIAC recently moved to new premises in Central District, with 10 purpose- built hearing and conference rooms and full support facilities. The number of cases involving the HKIAC has increased substantially in recent years. It is expected that there will be a further increase in such cases in the future, not only because of the increased popularity of arbitration and mediation as a means of dispute resolution but also because of the growth of Hong Kong as a regional dispute resolution centre.

The Attorney General

The Attorney General is the Governor's legal adviser and an ex officio member of the Executive Council. He is chairman of the Law Reform Commission of Hong Kong,

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