THE LEGAL SYSTEM
Legal Aid Department
The Legal Aid Department provides legal aid services to any person in Hong Kong, whether resident or non-resident, who satisfies the criteria for legal aid. It is funded by the government. The provision for legal costs is not cash limited i.e. supplementary provision may be sought if necessary. This ensures that the grant of legal aid is not prejudiced by financial constraint.
Standard Legal Aid Scheme for civil cases
Standard legal aid is available for representation in civil proceedings in the Court of Final Appeal, Court of Appeal, Court of First Instance, District Court, Lands Tribunal for tenancy matters under Part II of the Landlord and Tenant (Consolidation) Ordinance and applications to the Mental Health Review Tribunal.
The range of civil proceedings covered includes matrimonial disputes, personal injury claims, employment disputes, tenancy disputes, contractual disputes, immigration matters and professional negligence claims. In addition, Admiralty, bankruptcy and company winding-up proceedings are also undertaken. Most of these cases relate to employees' wages and severance pay.
To qualify for legal aid, an applicant must pass the means test and merits test. For the means test, the applicant must show that his financial resources, i.e. annual disposable income and total capital assets after deduction of certain statutory allowances, do not exceed $169,700. The Director of Legal Aid may waive the upper financial eligibility limit in meritorious Bill of Rights cases. For the merits test, the applicant must satisfy the Director of Legal Aid that he has reasonable grounds for bringing or defending the civil proceedings. Depending on the financial resources of the aided person and whether property has been recovered or preserved on his behalf, the aided person may be required to contribute towards the costs of the proceedings. Upon the granting of legal aid, the aided person's case is assigned either to a lawyer in private practice or to a lawyer of the Legal Aid Department. The Director of Legal Aid has the responsibility to monitor the progress and expenditure of the cases assigned out. An applicant who is refused legal aid may appeal to the Registrar of the High Court, or in Court of Final Appeal cases, to a Committee of Review. The decision in either event is final.
During the year, 25 365 applications for civil legal aid were received of which 9 693 were granted. The Legal Aid Department's expenditure on civil cases was $404 million and $975 million was recovered for the aided persons.
Supplementary Legal Aid Scheme
This scheme provides legal assistance to applicants whose financial resources exceed the ceiling stipulated in the Standard Legal Aid Scheme but do not exceed $471,600. Legal aid is available to cases of personal injury and death, and medical, dental and legal professional negligence involving claims for damages in the District Court where the claim exceeds $60,000, the Court of First Instance, the Court of Appeal and the Court of Final Appeal.
The scheme is self-financing and is funded by contributions from damages or compensation recovered. In the year, 252 applications were received of which 157 were granted. Expenditure was $12 million and $52 million was recovered on behalf of the aided persons.
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