THE LEGAL SYSTEM
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to the Governor in Council. The majority of accused persons in proceedings in these courts are legally-aided.
For High Court criminal trials, legal aid is invariably given, subject to financial eligibility, because of the costs involved, the severity of the charge coupled with the possible gravity of sentence. Legal aid can also be given to conduct pleas in mitigation of sentence. For appeals against conviction for murder irrespective of whether there are grounds of appeal the granting of legal aid is mandatory so as to ensure that all relevant matters are placed before the court by the appellant's legal representative. For all other criminal appeals, including appeals from the decisions of magistrates, legal aid will be given again subject to financial eligibility if the Director of Legal Aid is satisfied that there are arguable grounds of appeal. A person who is refused legal aid in a criminal matter may nevertheless be granted legal aid subject to financial eligibility by a trial judge or by the Court of Appeal or in relation to appeal to the Judicial Committee of the Privy Council by a committee of review.
The total estimated expenditure in 1987-8 was $43.2 million in criminal cases. During 1987, 3 414 applications were received for legal aid in criminal cases and 2066 were granted.
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The year saw the further expansion of the department's services to the public. An amendment to the Legal Aid Ordinance now provides for legal aid to be available in relation to the Deportation, Immigration and Registration of Persons tribunals. In addition, Hong Kong's spiralling divorce rate has prompted the department and the Hong Kong Catholic Marriage Advisory Council to introduce an independent counselling agency whereby applicants for legal aid in matrimonial cases may have counselling with a view to reconciliation or conciliation. This scheme, funded by the Royal Hong Kong Jockey Club, is in operation in the department's Kowloon office in Mong Kok. If the project proves successful, a similar counselling service may be made available in the Hong Kong office.
If a person is granted legal aid, the Director of Legal Aid will assign the matter either to a private solicitor and a barrister where necessary, or to one of his professional officers. The department maintains its own litigation units specialising in personal injuries litigation, family law and workers wage claims.
The department has its headquarters at Queensway Government Offices, with a branch office in Mong Kok, Kowloon. The establishment comprises 355 persons, of whom 44 are professional lawyers and 104 are law clerks. Training for the law clerks, whose grade comprises 29 per cent of the total establishment, is provided by the professional officers. From time to time officers at all levels attended service training courses provided by the Civil Service Training Centre. In addition, the department is providing articles of clerkship to trainee solicitors and also participates in the training programme for articled clerks and barristers' pupils whose articles are with members of the other legal service departments.
Legal Advice and Duty Lawyer Schemes
Since November 1978, the Law Society of Hong Kong with the support of the Hong Kong Bar Association has administered three schemes to provide free legal representation, legal advice, and legal information for people in Hong Kong. The government funds these schemes by subvention, which amounted to $20,825,275 in the 1987-8 financial year.
The Duty Lawyer Scheme operates in the eight magistracies and four juvenile courts, and utilises the services of 514 lawyers (barristers and solicitors) through roster and assignment, to provide free legal representation to defendants charged with certain offences in criminal