THE LEGAL SYSTEM
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The Official Solicitor's main duties are to act as guardian ad litem or next friend in legal proceedings for persons under disability of age or mental capacity, as representative of deceased persons' estates for the purpose of legal proceedings, as Official Trustee and Judicial Trustee, to act as committee of the estate of mentally incapacitated persons, to represent any party in care or protection proceedings and to act on behalf of a person committed to prison for contempt who is unable or unwilling to apply on his own behalf for release.
The Official Solicitor's case-load for 2002-03 was 262, an increase of 16 per cent over the previous financial year.
Director of Intellectual Property
The post of Director of Intellectual Property was established in 1990 as a statutory office by the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department operates the Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. The department is also responsible for making recommendations on policy and legislation related to intellectual property protection, provision of civil intellectual property legal advice to the Government, and promotion of public awareness of, and respect for, intellectual property rights.
The Rights of the Individual
Article 39 of the Basic Law provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force. Additionally, the HKSAR continues to abide by the major international conventions on human rights. These include the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
The HKSAR's second report in the light of the ICESCR was submitted, as part of China's first report under the covenant, to the United Nations (UN) in June 2003. The HKSAR's first report under the CRC was submitted to the UN as part of China's second report under the convention, also in June.
The Hong Kong Bill of Rights Ordinance, enacted in 1991 to give effect in domestic law to the provisions of the ICCPR, remains in force.
In 2003, the Government decided in principle to introduce a bill into the Legislative Council to prohibit racial discrimination in certain areas. A public consultation paper on the legislative proposals will be published in 2004. If all proceeds smoothly, the bill will be introduced into the Legislative Council in the 2004-05 legislative session.
To improve government services for the ethnic minorities, a Race Relations Unit was established in June 2002. Its work includes devising and producing publicity materials in minority languages1, maintaining a hotline for enquiries and complaints, outreach work to schools, and providing secretariat services to the Committee on the Promotion of Racial Harmony. The committee is an advisory body comprising non- government members with an active interest in race issues, and relevant government
The Race Relations Unit has published a guidebook Your Guide to Services in Hong Kong in eight languages English, Indonesian, Filipino, Thai, Sinhalese, Hindi, Nepali and Urdu - in order to help minority communities, both established and newly arrived, to adapt to life in Hong Kong.
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