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CONSTITUTION AND ADMINISTRATION
The High 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 High Court sitting with a jury of seven.
A summary of cases dealt with in all courts for the years 1979-81 is in Appendix 32. The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and nine Justices of Appeal. It hears appeals from the High Court and the District Court. Its jurisdiction corresponds to that of the Court of Appeal in England. Appeals may be brought from the Court of Appeal to the Judicial Committee of the Privy Council in London.
Legal Aid
The Legal Aid Department, which administers civil and criminal legal aid schemes, plans to extend both schemes to the Privy Council in England from the Court of Appeal in Hong Kong in early 1982.
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Legislative enactments during the year which gave a boost to the legal aid schemes. included allowances employed in calculating the disposable income of legal aid applicants being increased by 25 per cent under the Legal Aid (Assessment of Contributions) (Amendment) Regulations 1981; and the Director of Legal Aid under the Legal Aid (Amendment) Ordinance 1981 being empowered to waive his statutory first charge on damages or property recovered for an aided person up to $10,000 in case of serious hardship. This ordinance also exempts the periodical maintenances payments to a spouse from the director's statutory charge to the extent of $1,500 per month.
People in Hong Kong of all nationalities, whether resident or non-resident, are entitled to apply for legal aid free of charge, and legal aid must be granted to them if they come within the financial limits and their applications justify legal action. An applicant may get free legal aid or he may be required to make a relatively small contribution towards the costs of his case depending on his income and assets. If an aided person is successful in his litigation and legal costs are recovered from his opponent then any contribution he may have paid will be refunded to him. If an aided person loses his case, he is only liable to pay the maximum contribution (if any). Successful applications are either assigned to legal practitioners in private practice or to the Litigation Divisions of the Legal Aid Department.
Civil Legal Aid
Legal aid is available for almost any type of civil proceedings in the District Court and High Court and appeals in the Court of Appeal. They include claims for damages in traffic and industrial accidents, breach of contract, employees' compensation, landlord and tenant disputes and every branch of family law ranging from divorce, custody of children, property adjustments to wardship. Industrial disputes are also covered and legal aid is often granted within a day or two for the institution of bankruptcy, company winding-up and admiralty proceedings to claim arrears of wages and other benefits for large groups of workers.
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Applications for civil legal aid are processed by full time lawyers in the department. Legal aid will be granted if an applicant passes two tests a merit test and a means test. The 'merit test' means an applicant has to show he has a reasonable claim based on tenable evidence or a valid defence. The 'means test' means an applicant has to prove that his total income and capital, after deduction of certain allowances, fall within the scope of legal aid. If legal aid is refused the applicant has a right of appeal to the Registrar of the Supreme