The Magistrates' Courts process about 90 per cent of the cases in Hong Kong annually. Led by the Chief Magistrate, the team consists of seven Principal Magistrates, 51 Permanent Magistrates and seven Special Magistrates sitting in seven locations. Magistrates exercise criminal jurisdiction over a wide range of offences. In general, their sentencing power is limited to two years' imprisonment and a fine of $100,000. Specific statutory provisions empower magistrates to impose sentences of up to three years' imprisonment and a fine of $5 million. Magistrates also handle cases in the Juvenile Courts which deal with offences, except homicide, committed by children and young persons below 16 years of age. Special Magistrates handle minor offences such as traffic contraventions. Their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.
In addition, there are five tribunals. The Lands Tribunal handles tenancy claims, rating and valuation appeals, applications for compulsory sale of buildings for redevelopment, and compensation assessments when land is resumed by the Government or reduced in value by development. The Labour Tribunal handles claims arising from contracts of employment. The Small Claims Tribunal handles civil claims of up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by authors and publishers. The Coroner's Court conducts inquests and inquires into the causes of and circumstances connected with a death.
In accordance with the Basic Law and the Official Languages Ordinance, the courts can use both official languages in any proceedings.
Legal Aid
Eligible applicants receive legal aid through the provision of the services of a solicitor and, if necessary, that of a barrister in court proceedings. Legal aid ensures that a person who has reasonable grounds for pursuing or defending a legal action is not prevented from doing so because of a lack of means. Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service.
Legal Aid Department
The Legal Aid Department provides legal aid services to any person in Hong Kong, resident or non-resident, who satisfies the criteria for legal aid, namely the means and merits tests.
Legal Aid in Civil Cases
Legal aid under the Ordinary Scheme is available for civil proceedings in the District Court, Court of First Instance, Court of Appeal, Court of Final Appeal, application to the Mental Health Review Tribunal and certain death inquests. The scope of legal aid covers cases affecting major areas of the livelihood of the community including family and matrimonial disputes, personal injury claims, employment disputes, disputes related to landed properties, contractual disputes, immigration matters and professional negligence claims.
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