CONSTITUTION AND ADMINISTRATION

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The Supreme Court's civil jurisdiction is similar to that of the English High Court. It also exercises jurisdiction in lunacy, bankruptcy and company winding-up matters. The most serious criminal offences are tried by a judge of the Supreme Court sitting with a jury of seven. A summary of cases heard and dealt with in all courts for the years 1970-2 will be found in Appendix 29.

The highest court in Hong Kong is the Full Court, which sits when required and is composed of two or three judges of the Supreme Court as the Chief Justice directs. The Chief Justice usually presides over this court, which hears appeals from the Supreme Court and the District Court and has jurisdiction corresponding roughly to that of the Court of Appeal in England. Appeals may be brought from the Full Court to the Judicial Committee of the Privy Council in London.

Legal Aid

The year 1972 was an eventful year for the Legal Aid Department. As a result of the recommendations of the Working Party on Legal Aid, important legislation has been enacted during the course of the year, which not only extends rapidly the scope of the Legal Aid Scheme but enables more people to qualify for legal aid.

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On August 30, 1972, the Legislative Council passed a resolution raising the amounts of disposable income and disposable capital of applicants for legal aid in civil cases from $500 to $700 per month and $3,000 to $4,000 respectively. On the same day, the Legal Aid (Scale of Fees) (Amendment) Regulations 1972 were passed providing that the full amount allowed on taxation on account of the profit costs shall be payable to solicitors acting for legally-aided persons in civil cases. Hitherto the solicitors were paid only 80 per cent of their taxed profit costs.

On October 4, 1972, five additional posts were created which almost double the Legal Aid Department's present establishment of professional staff. These additional professional officers together with their supporting staff are required to enable the department to take over the solicitors' side of the work in legal aid cases and to act as advocates in District Court civil cases in which Counsel would not normally be briefed.

The increase of staff is due to the substantial increase in the number of legal aid cases and the acute shortage of solicitors in private practice who are willing to under- take legal aid civil cases, especially those in the District Court. The use of legal aid officers devoting their time exclusively to legal aid cases will enable legally-aided per- sons to obtain the benefits of litigation more expeditiously.

The Legal Aid (Amendment) Ordinance was passed on August 30, 1972. This gave the Director of Legal Aid and his deputies and assistants the rights and duties of a barrister or solicitor admitted to practice when carrying out their duties. On September 12, 1972, the Legal Aid (Amendment) Regulations 1972 were passed which provide for fees and costs of the director and his professional officers when performing work as barrister or solicitor in legal aid civil cases. It is to be noted that the jurisdic- tion in respect of undefended divorces was transferred as from April 1, 1972 from the Supreme Court to the District Court. It is anticipated that the legal aid officers when

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