30 The Legal System
on Private International Law. The division also handles requests to and from the HKSAR for international legal co-operation.
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 55 reports covering subjects as diverse as commercial arbitration, divorce, data protection, fraud and hearsay in civil proceedings. 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. Generally, solicitors have limited rights of audience whereas barristers have unlimited rights of audience in all courts. However, legislation has recently been enacted which will also allow solicitors with relevant qualifications or experience to exercise unlimited rights. of audience. Lawyers practising within one branch of the profession are not, at the same time, allowed to practise within the other branch.
Hong Kong has 6 465 practising solicitors and 738 local law firms, plus 70 foreign law firms, 1 203 registered foreign lawyers, and 27 registered associations between foreign law firms and local law firms. Around 336 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.
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