THE LEGAL SYSTEM
injection of $27 million was made into the Supplementary Legal Aid Fund for this purpose.
Legal Aid in Criminal Cases
In criminal cases, legal aid is available for representation in proceedings in the High Court and District Court, in the Magistrates' Courts (where the prosecution is seeking the committal of a defendant to the High Court), in appeals from the Magistrates' Courts, and in appeals to the Court of Appeal and to the Privy Council.
For appeals against conviction for murder, subject to financial eligibility, 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 appeal.
The director has discretion to grant legal aid to an applicant charged with a criminal offence even if he fails the means test, if satisfied that it is in the interests of justice to do so. Most people charged with criminal offences have therefore become eligible for the grant of legal aid.
Total expenditure on legal costs on criminal cases for 1995 was $119 million. During the year, 4 700 applications were received, and 3 050 applicants granted legal aid.
Legal Aid Policy Review
A review of the whole range of legal aid services in Hong Kong was completed in July 1994 by an interdepartmental working group. Most of the working group's recommendations to expand the scope and improve the operation of legal aid services have been implemented with the enactment of the Legal Aid (Amendment) Ordinance in June 1995.
In response to growing concerns over the status of the Legal Aid Department as a government department, the working group also recommended the setting up of an independent statutory Legal Aid Services Council to reinforce the independence of legal aid services and to advise the government on legal aid policy and funding requirements. A Bill was introduced into the Legislative Council in February 1995, then reintroduced in October 1995. The government intends to establish the council after the legislation is enacted, probably in early 1996.
The Official Solicitor
Following the enforcement of the Official Solicitor Ordinance in August 1991, the Director of Legal Aid was appointed the first Official Solicitor and a separate office was established to represent persons under legal disability in court proceedings in Hong Kong. Up until July 1995, the Official Solicitor had received 295 requests for representation, mostly in matters involving receivership, unclaimed estates, adoption, guardianship, and application for care and protection order under Cap. 213. The Official Solicitor assigned less than five per cent of the cases to private lawyers and litigated the balance herself.
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