CONSTITUTION AND ADMINISTRATION
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The Labour Tribunal, which complements the labour relations service of the Labour Department, was set up on a trial basis in 1973 to provide speedy settlements to individual money claims arising from contracts of employment. Because of its success it has become a permanent judicial establishment.
The Lands Tribunal adjudicates on all statutory claims for compensation in respect of land. The tribunal's province includes claims made under the Mass Transit (Land Resumption and Related Provisions) Ordinance, which was enacted to meet the special land acquisition needs of the mass transit railway.
The Small Claims Tribunal Ordinance, which established a tribunal with juris- diction to deal with monetary claims involving amounts not exceeding $3,000, came into operation in October. The procedure in the tribunals-one on Hong Kong Island and one in Kowloon-is simple and informal and legal representation is not allowed.
Legal Aid
The comprehensive legal aid schemes that operate in Hong Kong are administered by the Legal Aid Department. Legal aid is available for criminal cases in certain courts and for most kinds of civil cases.
In general, legal aid is granted for criminal cases if an applicant passes the reason- ably generous means test prescribed by the Legal Aid in Criminal Cases Rules, and if the Director of Legal Aid is satisfied that it is in the interests of justice that legal aid should be given. Such cases comprise any criminal trial in the High Court (any trial on indictment by a judge and jury); any criminal case tried in the District Court where the offence charged is punishable by imprisonment for not less than 14 years (this means that aid is available for about 75 per cent of all the criminal cases tried in the District Court); and criminal appeals from magistrates to the High Court and from the District and High Courts to the Court of Appeal if it appears that there are argu- able grounds of appeal.
Legal aid for a civil case is normally granted if an applicant satisfies the Director of Legal Aid that he has reasonable grounds for bringing or defending the proceedings or appeal to which the application for legal aid relates, and if the applicant passes a means test. The upper limits of this are that the applicant's monthly disposable income should not exceed $700 and his disposable capital should not be more than $4,000. In describing disposable income and disposable capital in relation to legal aid cases, it should be borne in mind that by reason of the Legal Aid (Assessment of Contribu- tions) Regulations, people with real incomes far in excess of $700 a month and with real capital of very much more than $4,000 qualify for legal aid-many of them for free legal aid. It is thought that about two thirds of the population are covered by the civil legal aid limits.
The most common civil cases for which legal aid is given are claims for workmen's compensation, damages for personal injuries or death as a result of traffic accidents, bankruptcy proceedings, company winding-up cases, divorce and other matrimonial proceedings.