ENG-1995 — Page 61

THE LEGAL SYSTEM

Since its establishment in 1980, it has published 27 reports covering subjects as diverse as commercial arbitration, homosexuality, bail, sale of goods and supply of services, and illegitimacy. The recommendations in 17 of its reports have been implemented, either in whole or in part. It is currently considering references on hearsay evidence in civil actions, privacy, guardianship and custody, insolvency, the description of flats on sale, and the interpretation of statutes.

Director of Intellectual Property

The post of Director of Intellectual Property was established in 1990 as a statutory office by the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department includes the Trade Marks and Patents Registries, which administer trade marks and patents registration systems under the Trade Marks Ordinance and the Registration of Patents Ordinance. The department is also responsible for other forms of intellectual property protection such as copyright and layout-design (topography) of integrated circuits, and for further development of Hong Kong's intellectual property regime.

The Legal Profession

There are about 3 570 solicitors and 490 local law firms in Hong Kong. In addition, there are around 56 registered foreign law firms, 363 registered foreign lawyers and 10 registered associations between foreign law firms and local law firms in Hong Kong which advise on foreign law.

The Law Society is the governing body for solicitors and foreign lawyers and foreign law firms in Hong Kong. It has wide responsibilities for maintaining professional and ethical standards, and for considering complaints against these legal professionals.

Hong Kong has about 600 practising barristers, whose governing body is the Bar Council. Their conduct and etiquette are governed by the Code of Conduct for the Bar of Hong Kong.

Legal Aid, Advice and Assistance

Hong Kong has developed, over the years, a comprehensive system of legal aid to ensure that any person who has reasonable grounds for pursuing or defending a legal action is not prevented from doing so by lack of means. The provision of legal aid services is funded by the government through the Legal Aid Department and the Duty Lawyer Service.

Legal Aid

The Legal Aid Department provides legal representation in civil and criminal cases which are heard in the Magistrates' Courts, where the prosecution is seeking committal of a defendant to the High Court, in the District Court, the High Court, the Court of Appeal in Hong Kong and also the Judicial Committee of the Privy Council in London. Such aid is available to any person in Hong Kong, resident or non-resident, who is able to satisfy the Director of Legal Aid as to financial eligibility (the means test) and the justification for legal action (the merits test). Legal assistance is provided either with or without payment of a contribution. Upon grant of legal aid,

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