Supplementary to question No. 11
the LegCo Meeting on 4.12.85
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Mr. Tai Chin-wah : Sir, Could the Attonery General inform this Council whether to
provide direct financial assistance in divorce proceedings would amount to a breach
of public policy in view of the fact that legal aid is not available for divorce
UK?
proceedings in the UK.
both for
Attonery General: Sir, I think I must differ with my friend on the question of
whether legal aid is available for divorce proceedings in the UK. I understand that
it is available for all contested cases both divorce and for disputes on anxiliary
matters and it also available for uncontested cases although in that event it probably
covers no more than the proprietary advice since many uncontested divorces
are no
longer heard orally in court. So I would say in answer to the first part of the
question, yes, it is right that legal aid should be available in divorce, Important
at rights are stake. There should not be an access to the court for those who are rich
but not for those who are poor Justice requires that all families when there is a
marital breakdown, have their various rights and obligations fairly dealt with.
AL
Mr. Peter C. Wong: Sir, may I ask the attonery General whether the Government is
prepared to set up counselling services for people with extra-marital problems?
Attonery General : Sir, I would find it difficult to say that public policy so
required. (laughter)