ENG-2002 — Page 60

THE LEGAL SYSTEM

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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, 67 Permanent Magistrates and nine 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 inquests 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, if necessary, in court proceedings to ensure that a 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.

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.

Ordinary Legal Aid Scheme for Civil Cases

Ordinary legal aid is available for representation in civil proceedings in the Court of Final Appeal, Court of Appeal, Court of First Instance and District Court. It is also available for certain other matters such as tenancy matters under Part II of the Landlord and Tenant (Consolidation) Ordinance in the Lands Tribunal, applications to the Mental Health Review Tribunal and cases of great public concern in the Coroner's Court.

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