The Legal System ❘ 35
To commemorate the council's 10th anniversary, a book entitled 'Legal Aid in Hong Kong' has been published. The aim of the book is to provide a relatively comprehensive and concise record of the development of the legal aid system in Hong Kong.
The Official Solicitor
The Director of Legal Aid was appointed the Official Solicitor under the Official Solicitor Ordinance which took effect on August 1, 1991.
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 caseload for 2005-2006 was 356, an increase of 8 per cent over the previous financial year.
Director of Intellectual Property
This statutory office was established in 1990 under the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department operates the Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. It is also responsible for making recommendations on policy and legislation related to intellectual property protection, providing civil intellectual property legal advice to the Government and promoting public awareness of and respect for intellectual property rights.
Rights of the Individual
Legal protections
Chapter III of the Basic Law prescribes the fundamental rights and freedoms of people in Hong Kong. In particular, Article 39 (which forms part of Chapter III) 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 Hong Kong Bill of Rights Ordinance gives domestic effect to the provisions of the ICCPR as applied to Hong Kong.
Other statutory protections, overseen by the Equal Opportunities Commission, are contained in the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, and the Family Status Discrimination Ordinance. Additionally, the Personal Data (Privacy) Ordinance administered by the Privacy Commissioner for Personal Data protects the right to privacy with respect to personal data.
The Race Discrimination Bill
On December 13, 2006, the Government introduced the Race Discrimination Bill into the Legislative Council. This, when enacted, will provide specific safeguards for
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