ENG-1996 — Page 60

THE LEGAL SYSTEM

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limited to disputes with a monetary value of up to $120,000. The District Court tries more serious criminal cases but not murder, manslaughter and rape. The maximum term of imprisonment is seven years. It has appellate jurisdiction in stamp duty appeals and in its family jurisdiction decides divorce, adoption and custody matters. 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 62 professional magistrates sitting in 10 magistracies spread around the territory. The magistrates exercise criminal jurisdiction over a wide range of offences. Although there is a general limit of two years' imprisonment or a fine of $100,000, many ordinances empower magistrates to impose sentences of up to three years' imprisonment and heavier fines, in some cases up to $5 million. They also try cases in the Juvenile Court, which has jurisdiction in charges against children and young persons up to 16 years, except in cases of 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. The Lands Tribunal has a special jurisdiction in rating and valuation and assesses compensation when land is resumed by the government or reduced in value by development. The Labour Tribunal hears civil claims arising from contracts of employment. The Small Claims Tribunal hears minor civil claims, up to a limit of $15,000 at present. The Obscene Articles Tribunal determines 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.

Steady progress has been made in implementing the plan drawn up by the Steering Committee appointed by the Chief Justice to further the use of Chinese in the higher courts. At present, cases in the District Court, magistracies and tribunals can be tried in either English or Chinese. Also, since December 1, 1996, The High Court may use Chinese or English in hearing appeals from the Magistrates' Courts, the Labour Tribunal and the Small Claims Tribunal. Restrictions on using Chinese in the High Court and Court of Appeal will be removed by stages in the first half of 1997. Meanwhile, the judiciary is identifying suitable cases to be tried in Chinese in the High Court in advance of the programme. A bilingual court system will be in operation before July 1997.

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 Hong Kong 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,

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