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THE LEGAL SYSTEM
itemised Bills of Costs, all of which provide a support service for cases assigned to private practitioners and in-house lawyers.
The department has its headquarters at Queensway Government Offices on Hong Kong Island and a branch office in Kowloon. The establishment comprises 380 persons of whom 54 are professional lawyers and 119 are law clerks who are para-legal personnel. Training for law clerks is provided by the professional officers. From time to time, officers at all levels attend job-related training courses provided by the Civil Service Training Division. The department also participates in the training programme for articled clerks whose articles are with members of the other legal service departments.
Legal Advice and Duty Lawyer Schemes
The Law Society Legal Advice and Duty Lawyer Schemes administered by the Law Society with the full support of the Bar Association comprise three schemes providing free legal representation, legal advice and legal information for people in Hong Kong. The day to day operation of the schemes is overseen by a management and administration committee, the members of which are representatives nominated by both the Law Society and the Bar Association. The committee meets once a month. The government funds the entire operation of the schemes and the subvention in 1989–90 was over $22 million.
The Duty Lawyer Scheme provides free legal representation to those charged with one of nine specified offences and are brought before the magistrates' courts. The nine specified offences are 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. In addition, the Duty Lawyer service is available to all juvenile offenders, whether they are appearing before a Juvenile or Magistrates' Court, except those charged with extremely minor offences. There are 526 remunerated lawyers (barristers and solicitors) on the Duty Lawyer Panel. In 1989, 15 570 defendants facing 19 616 charges received preliminary advice and representation at trial.
The Legal Advice Scheme provides free advice to people who cannot afford to consult private lawyers. The scheme operates eight advice centres at Sha Tin, Tsuen Wan, Wan Chai, Eastern, Yau Ma Tei, Kwun Tong, Mong Kok and Wong Tai Sin District Offices. Each centre opens once a week in the evening. Members of the public can make appointments to see the volunteer lawyers through one of the 120 referral agencies which include all District Offices, Caritas Services Centres and many other volunteer agencies. Generally, clients can see a lawyer within 14 days. However, in genuinely urgent cases, early appointments can be arranged. There are 343 lawyers (barristers and solicitors) on the Advice Lawyer Panel. Some 3 500 people are advised each year.
The Tel-law Scheme was introduced in March 1984. It provides taped legal information by telephone. Each taped message lasts 2.5 minutes and is available in both English and Chinese. There are over 65 tapes available. The main purpose of the service is to provide basic information on the legal aspects of everyday problems, and to encourage people who have such problems to use the Free Legal Advice Scheme. The tapes are updated as necessary, and cover matrimonial, landlord and tenant, criminal, financial, employment and some administrative law. Tapes are added when a new subject is identified as being of interest to the public. During the year, Tel-law handled 48 269 calls.