CONSTITUTION AND ADMINISTRATION
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in the tribunal one on Hong Kong Island and one in Kowloon is simple and informal, and legal representation is not allowed.
Legal Aid
Legal aid is available in Hong Kong for both civil and criminal trials and appeals in the Court of Appeal, the High Court and the District Court. Anyone can qualify for legal aid by passing a merits test and a means test.
Aid is provided either free or on payment (usually by monthly instalments) of a prescribed graduated financial contribution depending on the aided person's means.
Administration of the Legal Aid Schemes
The Legal Aid Department, headed by the Director of Legal Aid and staffed by qualified lawyers with supporting staff, administers legal aid. The legislation governing civil legal aid is in the Legal Aid Ordinance, Chapter 91, and regulations made there- under and, for criminal cases, in the Legal Aid in Criminal Cases Rules, Chapter 221. Where aid is granted, cases are assigned either to lawyers in private practice or to professional officers of the department.
Civil Legal Aid Scheme
Legal aid is available for most kinds of civil proceedings and appeals. To qualify for aid, an applicant must satisfy the director that he has a reasonable chance of succeed- ing in his case, and his monthly disposable income and disposable capital must not exceed $1,000 and $10,000 respectively. In calculating disposable income and dispos- able capital, allowances are made based on the number of dependants and domestic rent paid by the applicant. A person with a gross monthly income and capital con- siderably above the figures mentioned may therefore qualify for aid under this scheme.
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Most legally-aided civil cases fall into one of the following categories: matrimonial proceedings; wages claims involving bringing bankruptcy or company winding-up proceedings; workmen's compensation applications; claims for damages for personal injury or death in traffic or industrial accidents; and tenancy matters. In the past 12 months, about $18 million in damages, workmen's compensation and maintenance has been awarded and recovered for aided persons.
Criminal Legal Aid Scheme
Legal representation is available for all trials in the High Court and for trials in the District Court where the maximum penalty for the offences charged is not less than 14 years' imprisonment, thus applying to about 70 per cent of all District Court criminal cases. The extension of aid to cover all District Court cases is under con- sideration. Aid also is available for criminal appeals from all trial courts.
The means test limits for legal aid for criminal cases are a monthly disposable income and disposable capital not exceeding $1,500 and $10,000 respectively. As in the civil legal aid scheme, allowances are made in calculating an applicant's dis- posable income and disposable capital. Most applicants aided under this scheme are eligible for, and given, free legal aid. During the past 12 months, 1,014 defendants and appellants have been aided under this scheme.