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Legal Advice and Duty Lawyer Schemes
CONSTITUTION AND ADMINISTRATION
In 1978, the Law Society, through an Executive Committee including Bar Association nominees, accepted responsibility for the administration of two schemes for the legal welfare of Hong Kong people. The Free Legal Advice Scheme provides free legal advice in civil law matters and makes available authoritative pre-recorded legal information on a variety of topics through a simple telephone call; and the Duty Lawyer Scheme offers free legal representation for certain criminal cases heard in Magistrates' Courts and for serious charges in the Juvenile Courts. The schemes received a government subvention of $14.83 million in 1984, but in both schemes a healthy degree of subsidy is made by individuals from the Law Society and the Bar, emphasising both the schemes' independence of the government and the profession's commitment to assisting those in immediate need.
The Free Legal Advice Scheme comprises 285 unpaid volunteer lawyers - drawn from the Bar, practising solicitors, and Commonwealth lawyers in government service who man eight evening bureaux in Eastern, Mong Kok, Wong Tai Sin, Wan Chai, Tsuen Wan, Sha Tin, Kwun Tong and Yau Ma Tei. The latter two were opened in April after consultation with district boards, and more are planned, in particular for Sham Shui Po in April 1985. Approximately 120 referral agencies - both voluntary and government - interview the prospective applicants for free legal advice, and forward details of the legal problem to the advising lawyer in order that essential research can be undertaken before lawyer and applicant meet, at the location chosen by the applicant, within a few days. Bureaux are running at capacity levels with 30 lawyers attending weekly.
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'Tel-Law', by which authoritative legal information in both English and Cantonese on two-and-a-half minute tapes is made available to the public on 10 telephone lines manned by experienced legal executives, was introduced experimentally in 1983 and became a full part of the schemes when it was officially opened by the Attorney General and the President of the Law Society in March 1984. The original 26 topics have been expanded to cover 50 subjects, with a further 25 planned. Virtually every core area of law is covered and the public demand, despite limited operational hours, is considerable - some 35 000 calls in the first four months. Scripts are prepared by specialists using layman's terms and regularly updated. Because of demand from school children, which threatened to overwhelm the 10 lines, scripts are now issued free to schools and educational establishments. It is hoped in 1985 to introduce all subjects by way of cassettes, available to schools and members of the public. The aim is to educate, inform, and to encourage the seeking of professional legal advice, perhaps through the Free Legal Advice Scheme, in order to solve legal problems. The Duty Lawyer Scheme, which comprises 383 lawyers - solicitors and barristers provided free legal representation for 17 571 defendants in 1984 at the eight magistracies and four juvenile courts. The scheme covers nine scheduled offences in the magistracies: membership of a triad society, loitering, unlawful possession, going equipped for stealing, resisting arrest, possession of dangerous drugs, possession of apparatus fit for using dangerous drugs, possession of dangerous drugs for unlawful trafficking, and possession of offensive weapons, together with a large number of other offences that defendants may face at the same time. Extradition proceedings are also undertaken. In juvenile courts, the scheme is involved with all but minor offences. There is no means test.
Law Reform Commission
The Law Reform Commission was appointed by the Governor in Council to consider and report on such topics as may be referred to it by the Attorney General or Chief Justice. Its membership includes Legislative Councillors, academic and practising lawyers, and