ENG-1996 — Page 59

THE LEGAL SYSTEM

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 tendering advice on the policy and legislation 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

Hong Kong has 3 876 solicitors and 514 local law firms, plus 56 registered foreign law firms, 383 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.

The territory has 626 practising barristers, whose governing body is the Bar Association. Their conduct and etiquette are governed by the Code of Conduct for the Bar of Hong Kong.

The Judiciary

A key element in the past success and continuing attraction of Hong Kong is that its judicial system operates on the principle, fundamental to the common law system, of the independence of the judiciary from the executive and legislative branches of government. The courts make their own judgements, whether disputes before them involve private citizens, corporate bodies or the government itself. The independence of the Judiciary will be maintained after 1997, as provided for by the Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law.

The Chief Justice of Hong Kong is head of the judiciary. He is assisted in the overall administration of the judiciary by a Judiciary Administrator and her supporting team.

The most senior court in the territory is the Supreme Court, which covers both the Court of Appeal and the High Court. Sitting in the Supreme Court, in addition to the Chief Justice himself, are nine Justices of Appeal and 25 High Court Judges. The court's Registrar and Deputy Registrars serve as Masters of the Supreme Court in civil trials in the High Court. The Court of Appeal hears civil and criminal appeals from the High Court and the District Court. Until June 30, 1997, further recourse for appeal will be with the Judicial Committee of the Privy Council in London. With the change of sovereignty, in July 1997, the Court of Final Appeal which will be established on July 1, 1997, will assume the role of the highest appellate court in Hong Kong.

The High Court's jurisdiction is unlimited in both civil and criminal matters. Civil matters are usually tried by High Court Judges sitting without juries, although there is a rarely used provision for jury trials in certain cases, including defamation. For criminal trials, they sit with a jury of seven, or sometimes nine on special direction of the Judge.

The District Court is one level below the High Court. There is a Chief District Judge and 32 Judges, who sit without a jury. The District Court's civil jurisdiction is

31