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THE LEGAL SYSTEM
Legal Advice and Duty Lawyer Schemes
The Legal Advice and Duty Lawyer Schemes comprise three programmes to provide free legal representation, legal advice and legal information. The government funds the entire operation of the schemes and the subvention in 1992-3 was about $57 million.
Until June 1991, the Duty Lawyer Scheme provided free legal representation to defendants charged with one of nine 'specified' offences in the Magistrates' Courts. Upon the enactment of the Bill of Rights Ordinance in June 1991, the scheme was expanded to offer free legal representation to virtually all defendants in the Magistrates' Courts who meet certain criteria (such as those in jeopardy of losing their liberty or where a substantial question of law is involved) and subject to a simple means test. The Administrator of the Duty Lawyer Scheme has a discretion to grant legal representation to defendants whose gross annual incomes exceed the specified financial limit (of gross annual income of $90,000). There are approximately 600 remunerated barristers and solicitors on the Duty Lawyer roster. In 1992, 32 632 defendants facing charges received advice and representation at trial.
The Legal Advice Scheme provides free advice without means testing at five advice centres located in District Offices. 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 others. There are approximately 408 lawyers in the scheme. Some 2 800 people are advised each year.
== The Tel-Law Scheme was introduced in March 1984. It provides taped legal information by telephone. Each taped message is available in both English and Chinese. 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 Legal Advice Scheme. The tapes cover aspects of matrimonial, landlord and tenant, criminal, financial, employment, environmental and administrative law. Tapes are added when a new subject is identified as being of interest to the public. During the year, Tel-Law handled over 53 184 calls.