32 | The Legal System
bureaux and departments are arranged as necessary. The Basic Law is also covered in the curriculum of some China studies courses organised by the institute, such as the foundation course taught at the Tsinghua University in Beijing.
Since 2001, the Basic Law Bulletin has been published on a regular basis in order to promote greater awareness and knowledge of the Basic Law among civil servants. The Bulletin is edited by the Legal Policy Division and is jointly published by the department, the Civil Service Bureau and the Constitutional Affairs Bureau.
The Law Reform Commission
The Law Reform Commission was established in January 1980. It considers and reports on such topics as may be referred to it by the Secretary for Justice or the Chief Justice of the Court of Final Appeal of the HKSAR. Its membership includes academics, practising lawyers and prominent community members.
Since its establishment, the commission has published 47 reports covering subjects as diverse as commercial arbitration, divorce, sale of goods and supply of services, fraud and hearsay in civil proceedings. The recommendations in 26 of these reports have been implemented, either in whole or in part. The commission is currently considering references on privacy, domicile, hearsay in criminal proceedings, privity of contract, conditional fees, criteria for service as a juror and substitute decision-making and advance directives in relation to medical treatment.
The Legal Profession
The legal profession in Hong Kong is divided into two distinct branches barristers and solicitors. Solicitors have limited rights of audience before the courts whereas barristers have unlimited rights of audience in all courts. Lawyers practising within one branch of the profession are not, at the same time, allowed to practise within the other branch.
Hong Kong has more than 5 400 practising solicitors and 675 local law firms, plus some 33 foreign law firms, 701 registered foreign lawyers, and seven registered associations between foreign law firms and local law firms.
The Law Society is the governing body for solicitors and foreign lawyers and foreign law firms. It has wide responsibilities for maintaining professional and ethical standards and for considering complaints against these legal professionals.
Around 380 solicitors are also notaries public, and are members of the Hong Kong Society of Notaries, providing notarial service to different sectors of the community.
Hong Kong has more than 840 practising barristers, whose governing body is the Hong Kong Bar Association. The Code of Conduct for the Bar of the HKSAR governs their conduct and etiquette.
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