30 The Legal System
the administration of justice, human rights, constitutional law, Mainland law and the Basic Law.
The Director of Public Prosecutions heads the Prosecutions Division. This division's counsel conduct most criminal appeals, including those to the Court of Final Appeal, and the majority of trials in the Court of First Instance and the District Court. 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 considers and reports on those topics referred to it by the Secretary for Justice or the Chief Justice. Its membership includes academics, practising lawyers and prominent community members.
Since its establishment in 1980, the commission has published 52 reports covering subjects as diverse as commercial arbitration, divorce, data protection, 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 a range of subjects, including conditional fees, class actions, double jeopardy and sexual offences.
The Legal Profession
Lawyers in Hong Kong are admitted as either barristers or solicitors. Solicitors have limited rights of audience 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 over 5 700 practising solicitors and 698 local law firms, plus 48 foreign law firms, 901 registered foreign lawyers, and 11 registered associations between foreign law firms and local law firms. Around 380 solicitors are also notaries public, and are members of the Hong Kong Society of Notaries.
The Law Society is responsible for maintaining professional and ethical standards of solicitors and foreign lawyers and foreign law firms and for considering complaints against these legal professionals.
The governing body for Hong Kong's 996 barristers is the Hong Kong Bar Association. The Bar's Code of Conduct governs their conduct and etiquette.
The Judiciary
A key element in the success and continuing attraction of the HKSAR is that its judicial system operates on the principle, fundamental to the common law system, of the independence of the judiciary from the executive and legislative branches of government. The courts make their own judgments, whether disputes before them involve private citizens, corporate bodies or the Government itself. And the Government is advised on matters relating to pay and conditions of service of judicial officers by the Independent Standing Committee on Judicial Salaries and Conditions of Service.
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