ENG-2019 — Page 64

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The Legal System

is limited to claims up to $3 million, or recovery of land where the rateable value does not exceed $320,000. It has jurisdiction over employees' compensation, equal opportunities and matrimonial matters including divorce, custody, maintenance and adoption. It also has jurisdiction to hear stamp duty assessment appeals. It tries criminal cases except murder, manslaughter and rape. The maximum sentencing power is seven years' imprisonment.

The Family Court, comprising 10 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, comprises five Principal Magistrates, 51 Permanent Magistrates and five 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. They 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 imprisonment for six months and 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 the 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 $75,000. 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 either or both Chinese and English, the two official languages, in any proceedings.

Legal Aid

Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service. Legal aid ensures a person who has reasonable grounds for taking or defending a legal action in Hong Kong courts is not prevented from doing so because of a lack of means.

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