ENG-2001 — Page 74

THE LEGAL SYSTEM

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The Court's Registrar and Deputy Registrars serve as Masters of the District Court to deal with interlocutory and taxation matters. The District Court tries the more serious criminal cases except murder, manslaughter and rape. The maximum term of imprisonment is seven years. The District Court's civil jurisdiction is limited to disputes with a monetary value of up to $600,000, or recovery of possession of land of rateable value up to $240,000. It has jurisdiction over employees' compensation cases. Its family jurisdiction involves divorce, custody and adoption matters. It also has an appellate jurisdiction over stamp duty appeals.

The Magistrates' Courts process about 90 per cent of the cases in Hong Kong annually. Led by the Chief Magistrate, the team consists of eight Principal Magistrates, 61 Permanent Magistrates and 11 Special Magistrates sitting in nine different locations.

Magistrates exercise criminal jurisdiction over a wide range of offences. In general, their sentencing power is limited to two years' imprisonment and a fine of $100,000. Specific statutory provisions empower magistrates to impose sentences up to three years' imprisonment and a fine of $5 million. Magistrates also handle cases in the Juvenile Courts, which deal with offences, except homicide, committed by children and young persons below 16 years of age. Special Magistrates handle minor offences such as littering and traffic contraventions. Their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.

In addition, there are five tribunals. The Lands Tribunal handles tenancy claims, rating and valuation appeals, applications for the compulsory sale of buildings for redevelopment, and compensation assessments when land is resumed by the Government or reduced in value by development. The Labour Tribunal handles claims arising from contracts of employment. The Small Claims Tribunal handles civil claims up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by people, such as authors and publishers, according to law. The Coroner's Court conducts inquest and inquires into the causes of and circumstances connected with the death.

In accordance with the Basic Law and the Official Languages Ordinance, the courts can use either or both of the official languages in any proceedings.

Legal Aid

Eligible applicants receive legal aid through the provision of the services of a solicitor and a barrister in court proceedings, 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.

A series of improvements to the legal aid services arising from the latest Legal Aid Policy Review has been implemented as from July 2000. The improvement measures have widened the scope of legal aid services and increased the number of persons who may be eligible for assistance. Under the current arrangement, 58 per cent of the total number of households in Hong Kong are now financially eligible for legal aid, up from 48 per cent under the previous arrangement.