THE LEGAL SYSTEM
Legal Aid in Criminal Cases
Legal aid as provided by the Legal Aid Department is also available for criminal proceedings in the District Courts, High Court, Court of Appeal and the Judicial Committee of the Privy Council, for representation at proceedings in the Magistrates' Courts where the prosecution is seeking committal of a defendant to the High Court for trial and 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 costs involved, the severity of the charge and the gravity of possible sentence. It can also be given to conduct pleas in mitigation of sentence. For appeals against conviction for murder, whether or not 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 decisions of the magistrates, legal aid will be given subject to financial eligibility only if the Director of Legal Aid is satisfied there are arguable grounds of appeal. A person 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 for 1990-91 was $77 million in criminal cases. During 1990, 5 234 applications were received and a total of 2 748 were granted.
The department has its headquarters at Queensway Government Offices on Hong Kong Island and a branch office in Kowloon. The establishment comprises 388 persons of whom 59 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, members of which are representatives nominated by the Law Society and the Bar Asso- ciation. The committee meets once a month. The government funds the entire operation of the schemes and the subvention in 1990-91 was over $25 million.
The Duty Lawyer Scheme provides free legal representation to those who are 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 587 remunerated lawyers (barristers and solicitors) on the Duty Lawyer Panel. In 1990, 13 104 defendants facing 19 203 charges received preliminary advice and representation at trial.
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