THE LEGAL SYSTEM
The Official Solicitor
Following the entry into force of the Official Solicitor Ordinance on August 1, 1991, the Director of Legal Aid was appointed the first Official Solicitor and a separate office with a senior lawyer and support staff was established to represent persons under legal disability in court proceedings in Hong Kong. Since inauguration and up to July 1992, the Official Solicitor received a total of 76 such requests in receivership, unclaimed estates, adoption, guardianship, and other issues. The Official Solicitor assigned less than 10 per cent of the cases to private legal practitioners for litigation and litigated the balance himself.
Civil Legal Aid
In civil cases, apart from financial eligibility an applicant must satisfy the Director of Legal Aid that he has reasonable grounds for taking or defending an action. Legal aid is available for a wide range of civil proceedings, such as traffic and industrial accident claims, employees' compensation, immigration matters, professional negligence, family law, and Admiralty proceedings for seamen's wages. An applicant who is refused legal aid may appeal to the Registrar of the Supreme Court or in Privy Council cases to a committee of review. The total estimated expenditure for 1992 was $86 million in civil cases. During the year, 5 378 applications out of 17 294 applications were granted legal aid and $254 million was recovered for the aided persons.
An independent counselling agency, the Hong Kong Catholic Marriage Advisory Council, funded by the Royal Hong Kong Jockey Club, provides counselling service to legal aid applicants in matrimonial cases in the department's Kowloon Branch Office.
Since October 1984, the Director of Legal Aid has operated a Supplementary Legal Aid Scheme for people whose resources exceed the financial limits under the ordinary legal aid scheme but are not sufficient to meet the high costs of conducting litigation on a private basis. It is available for claims in the High Court and certain claims in the District Court for damages for death, personal injuries and employees' compensations. Since July 1, 1992, an applicant with financial resources exceeding $120,000 but not exceeding $280,000 is eligible to apply. A successful litigant under the supplementary scheme pays back 10 per cent to 12.5 per cent of the damages he recovers to the scheme to assist other litigants in future litigation. The total estimated expenditure of the scheme in 1992 was $5 million. During the year, 71 applications out of 86 applications were granted legal aid.
Legal Aid in Criminal Cases
In criminal cases, legal aid is available for representation in proceedings in the Supreme and District Courts, and in the Magistrates' Court where the prosecution is seeking committal of a defendant to the High Court for trial. The department also provides assistance in preparing petitions for clemency to the Governor in Council and in con- ducting pleas in mitigation of sentence.
For appeals against conviction for murder, the grant of legal aid is mandatory to ensure that all relevant matters are placed before the court by the appellant's legal representative. For all other criminal appeals, legal aid will be given subject to financial eligibility if the Director of Legal Aid is satisfied that there are arguable grounds of appeals.
The total estimated expenditure for 1992 was $72 million in criminal cases. During the year, 2 708 applications were granted legal aid out of 4 225 applications received.
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