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THE LEGAL SYSTEM
This system is administered by the Legal Aid Department and provides legal representation in both civil and criminal courts. The Law Society of Hong Kong, through an Executive Committee which includes representatives from the Bar Association, provides free legal advice and free legal representation to defendants in certain criminal cases in the Magistrates' Courts and Juvenile Courts, which are areas not covered by the Legal Aid Department. These two aspects of legal welfare are funded by the Hong Kong Government. Legal aid is available for legal representation to both residents and non-residents in Hong Kong. A person who wishes to receive legal aid as provided by the Legal Aid Department has to satisfy the Director of Legal Aid on financial eligibility and justification for legal action. The financial limits in both civil and criminal cases are the same. The maximum eligibility limits for legal aid is a disposable income of $2,200 per month and a disposable capital of $15,000. Disposable income and capital are arrived at after allowances have been deducted from actual earnings and capital of applicants. Legal aid is provided either free or on payment of a contribution, depending on the amount of the disposable income and capital. If a legally-aided person in civil litigation is successful and legal costs are recovered in the proceedings, then any contributions he may have paid may be refunded to him. In unsuccessful litigation the liability for costs of a legally-aided person is only limited to the amount of the contributions, if any, paid by him.
Legal Aid in Criminal Cases
Legal aid is available for criminal proceedings in the District Courts, High Court, Court of Appeal and the Judicial Committee of the Privy Council, and for representation at proceedings in the Magistrates' Courts where the prosecution is seeking committal of a defendant to the High Court for trial. Legal aid is also available for assistance in preparing petitions for clemency 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 serious nature of the charge and the gravity of sentence. Legal aid is also given for appeals against conviction for murder irrespective of whether there are grounds of appeal as the granting of legal aid is mandatory so as to ensure that all relevant matters are placed before the court by the appellant's lawyers. For all other criminal appeals, including appeals from the decision of the magistrates, legal aid will be given 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 in London, by a Committee of Review.
The total estimated expenditure for 1988-9 is $35 million in criminal cases. During 1988, 4 600 applications were received for legal aid in these cases and 2 527 were granted legal aid.
Civil Legal Aid
In addition to financial eligibility, the applicant must satisfy the Director of Legal Aid in civil cases that he has a reasonable chance of succeeding in the litigation for which he seeks legal representation and in recovering the judgment debt thereafter. Legal aid is available for a wide range of civil proceedings in the District Courts, High Court, Court of Appeal and appeals through the Judicial Committee of the Privy Council in London. Examples of civil proceedings are: traffic accident claims, claims in respect of industrial accidents and employees' compensation, immigration matters and every branch of family law ranging from divorce, separation, maintenance and custody to wardship. Other cases such as bankruptcy