CONSTITUTION AND ADMINISTRATION
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The District Court has jurisdiction over civil disputes in which the value of the subject matter is under $40,000 or $30,000 in the case of land. It also tries criminal cases transferred to it by the magistrates. Trial of both civil and criminal proceedings in the District Court is by a judge sitting alone. He may not award more than seven years' imprisonment.
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 and hears appeals from the Labour Tribunal and the Small Claims Tribunal. 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 1981-3 is at Appendix 35.
Legal Aid
Hong Kong has a sophisticated and comprehensive system of legal aid. Most civil and criminal cases lie within the scope and jurisdiction of the Legal Aid Department, while the Law Society, through an Executive Committee which includes representatives from the Bar Association, provides free legal advice in civil law matters and free legal representation to defendants in certain criminal cases heard in eight Magistrates' Courts and four Juvenile Courts.
Legal Aid Department
1983 has been a year of further expansion and development of the department's services to the public, emphasising the government's continuing desire and effort to promote social justice. Any litigant in Hong Kong, resident or non-resident, may apply for legal aid and such aid will be granted if the Director of Legal Aid is satisfied on financial eligibility and justification for legal action.
The government finances the legal aid system, but financial means test limits are imposed on applicants. An amendment to the Legal Aid Ordinance during the year provided for a 50 per cent increase in the means test limits to help counteract the ever-increasing cost of obtaining legal representation on a private fee paying basis. A person having a disposable income of not more than $1,500 per month and disposable capital of not more than $15,000 is now financially eligible. Disposable income and disposable capital are arrived at after 'allowances' have been deducted from actual earnings and capital of applicants, including an allowance against capital of up to $300,000 in respect of an owner- occupied dwelling.
A person may qualify for legal aid free-of-charge or may be required to pay a contribution towards legal costs, depending on the disposable income and capital. Such contribution will, however, be refunded in the event of successful civil litigation where the legal aid costs are recovered in the proceedings. In the event of unsuccessful civil litigation, the liability of an aided person is limited to the amount of the con- tribution, if any.
In addition to financial eligibility, the Director of Legal Aid must be satisfied that an applicant has a reasonable chance of succeeding in his case to qualify for legal aid in civil proceedings. Legal aid is available for a wide range of civil proceedings in the District Courts, High Court and Court of Appeal, and also covers certain tenancy matters in the Lands Tribunal and appeals to the Judicial Committee of the Privy Council in London. Traffic accident claims, claims in respect of industrial accidents and employees' compensa- tion, immigration matters and every branch of family law ranging from divorce, separation, maintenance and custody to wardship, all lie within the scope and jurisdiction of the