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The Legal System

equal opportunities and matrimonial matters including divorce, custody, maintenance and adoption. It also has jurisdiction to hear stamp duty assessment appeals.

The Magistrates' Courts process about 90 per cent of the cases in Hong Kong annually. Led by the Chief Magistrate, the team consists of four Principal Magistrates, 59 Permanent Magistrates and 10 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.

The Legal Profession

The legal profession in Hong Kong is divided into two branches: barristers and solicitors. Generally, solicitors have limited rights of audience whereas barristers have unlimited rights of audience in all courts and tribunals. Legislation was enacted in 2010 to allow eligible solicitors to apply for rights of audience before the High Court and the Court of Final Appeal.

Lawyers practising within one branch of the profession are not, at the same time, allowed to practise within the other. Hong Kong has 7,483 practising solicitors and 806 local law firms, plus 70 foreign law firms and 1,375 registered foreign lawyers. Around 371 solicitors are also notaries public. The Law Society is responsible for maintaining professional and ethical standards of solicitors, foreign lawyers and foreign law firms and for handling complaints against these legal professionals.

The barristers' professional body is the Hong Kong Bar Association. The professional conduct of Hong Kong's 1,174 barristers is regulated by the Bar Code.

Legal Aid

Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service. Legal aid ensures that a person who has reasonable grounds for taking or

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