ENG-2005 — Page 57

The Legal System ❘ 31

The Law Drafting Division, headed by the Law Draftsman, is responsible for drafting all legislation, including subsidiary legislation, in Chinese and English, and assists in steering legislation through the Executive and Legislative Councils. It is also responsible for compiling the loose-leaf edition of the Laws of Hong Kong and for maintaining the computer database of Hong Kong's legislation known as the Bilingual Laws Information System (BLIS), which is freely available on the Internet.

The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division provides legal input with emphasis on legal policy values - on a wide variety of topics being considered by the Government and also advises on issues affecting the administration of justice, human rights, constitutional law, China law and the Basic Law.

The Prosecutions Division is headed by the Director of Public Prosecutions. Counsel from this division conduct most criminal appeals, including those to the Court of Final Appeal. They also conduct the majority of trials in the Court of First Instance and the District Court and, when necessary, they prosecute in the Magistrates' Courts. The division also provides legal advice to law enforcement agencies and other government departments.

The Law Reform Commission

The Law Reform Commission was established in January 1980. It considers and reports on those topics 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 50 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, hearsay in criminal proceedings, 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 5 600 practising solicitors and 690 local law firms, plus some 37 foreign law firms, 769 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.