ENG-1999 — Page 63

THE LEGAL SYSTEM

in the Juvenile Court, which has jurisdiction in charges against children and young persons up to 16 years, except in cases of homicide. Special Magistrates handle routine cases such as littering and minor traffic offences. Their powers of sentencing are limited to fines of up to $100,000.

In addition to these principal courts of civil and criminal jurisdiction, there are five tribunals. The Lands Tribunal handles tenancy claims, rating and valuation appeals and compensation assessments 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 $50,000. The Obscene Articles Tribunal determines whether an article is obscene or not, and to classify it into statutory categories of decency acceptability. The Coroner's Court handles inquiries into unusual circumstances causing death.

A bilingual court system in which either or both of the official languages can be used was put in place before June 30, 1997, in accordance with the requirement in Article 9 of the Basic Law.

Legal Aid

Eligible applicants receive legal aid in court proceedings through the services of a solicitor or barrister as necessary 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. Publicly-funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service.

The latest Legal Aid Policy Review was completed in 1999. A total of 17 recommendations, which will see an expansion to the scope of the legal aid schemes and will bring about improvements to existing services, are being progressively implemented through administrative and legislative means. Among other things, the improvements will on average allow 58 per cent of the total number of households in Hong Kong to become financially eligible for legal aid, up from 48 per cent under the existing arrangement.

Legal Aid Department

The Legal Aid Department provides legal aid services to any person in Hong Kong, resident or non-resident, who satisfies the criteria for legal aid. Legal aid services are funded by the Government. The provision for legal costs is not cash-limited; supplementary provision may be sought if necessary. This ensures that the grant of legal aid is not prejudiced by financial constraint.

Standard Legal Aid Scheme for civil cases

Standard legal aid is available for representation in civil proceedings in the Court of Final Appeal, Court of Appeal, Court of First Instance, District Court, Lands Tribunal for tenancy matters under Part II of the Landlord and Tenant (Consolidation) Ordinance and applications to the Mental Health Review Tribunal. The range of civil proceedings covered includes matrimonial disputes, personal injury claims, employment disputes, tenancy disputes, contractual disputes, immigration matters and professional negligence claims. Admiralty, bankruptcy and company winding-up proceedings are also undertaken. Most of these cases relate to employees' wages and severance pay.

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