30 The Legal System
The Law Drafting Division, headed by the Law Draftsman, drafts all legislation, including subsidiary legislation, and assists in steering legislation through the Executive and Legislative Councils. It also compiles the loose-leaf edition of the Laws of Hong Kong and maintains the computer database of Hong Kong's legislation, which is available on the internet.
The Solicitor General heads the Legal Policy Division, which includes the Law Reform Commission Secretariat. The division provides legal policy input on a wide variety of topics being considered by the Government, and advises on issues affecting the administration of justice, human rights, constitutional law, Mainland law and the Basic Law.
The Director of Public Prosecutions heads the Prosecutions Division. The 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 on the criminal law 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 judges, academics, practising lawyers and prominent community members.
Since its establishment in 1980, the commission has published 54 reports covering subjects as diverse as commercial arbitration, divorce, data protection, fraud and hearsay in civil proceedings. The recommendations in 29 of these reports have been implemented, either in whole or in part. The commission is currently considering a range of subjects, including charities, 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 6 193 practising solicitors and 710 local law firms, plus 65 foreign law firms, 1 242 registered foreign lawyers, and 20 registered associations between foreign law firms and local law firms. Around 350 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, foreign lawyers and foreign law firms and for considering complaints against these legal professionals.
The governing body for Hong Kong's 1065 barristers is the Hong Kong Bar Association. The Bar's Code of Conduct governs their conduct and etiquette.
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