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The Legal System

The Family Court, comprising nine courts, is part of the District Court. It hears applications pertaining to divorce, separation and related family and matrimonial matters such as applications concerning children and financial relief. Notwithstanding the District Court's general civil jurisdiction, there is no limit on the amount claimed in the Family Court. It also deals with applications under domestic violence legislation and the Inheritance (Provision for Family and Dependants) Ordinance. Most hearings are conducted in private, save for defended divorces and enforcement actions.

The seven Magistrates' Courts process about 90 per cent of criminal cases. Led by the Chief Magistrate, the team, excluding Deputy Magistrates and Deputy Special Magistrates, comprises nine Principal Magistrates, 55 Permanent Magistrates and eight Special Magistrates. Magistrates exercise criminal jurisdiction over a wide range of offences. Their sentencing power is generally limited to two years' imprisonment and a $100,000 fine, though statutory provisions empower them to impose up to three years' imprisonment and a $5 million fine. Magistrates also handle cases in the Juvenile Courts, which deal with offences, except homicide, committed by children and young persons below age 16. In addition to Permanent and Deputy Magistrates, Special Magistrates can also handle departmental summonses for offences such as traffic contraventions, but their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.

There are five specialised tribunals. The Lands Tribunal is led by a President who is a High Court Judge and comprises presiding officers who are District Judges and members who may be experienced professional surveyors. The tribunal handles tenancy claims, building management matters, rating and valuation appeals, applications for compulsory sale of land 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 employment contracts and the Employment Ordinance. 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 into the causes and circumstances of a death.

According to the Basic Law and Official Languages Ordinance, the courts can use both official languages in any proceedings.

Legal Profession

The legal profession in Hong Kong is divided into two branches: barristers and solicitors. Solicitors' rights of audience are limited whereas barristers' are unlimited in all courts and tribunals where legal representation is allowed. Legislation that was enacted in 2010 allows eligible solicitors to apply for higher 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. As at 31 December, Hong Kong has 9,463 practising solicitors, 892 local law firms, 84 foreign law firms and 1,433 registered foreign lawyers. About 372 solicitors are also notaries public. The Law Society of Hong Kong maintains the professional and ethical

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