THE LEGAL SYSTEM
The merits test is applied mainly in relation to applications for legal aid for appeal. However, it does not apply to an appeal involving a charge of murder, treason or piracy with violence.
There is no provision for appeal against the Director of Legal Aid's refusal to grant legal aid in criminal cases (except for appeals to the Court of Final Appeal) on grounds of means or merits. Appeals against refusal of legal aid for criminal appeals to the Court of Final Appeal are heard by a Special Committee appointed by the Registrar of the High Court.
During the year, 4 212 applications for criminal legal aid were received and 2 548 were granted. Total expenditure on criminal cases was $94 million.
Duty Lawyer Service
The Duty Lawyer Service operates the Legal Advice Scheme, the Duty Lawyer Scheme and the Tel-Law Scheme. It is subvented by the Government of the HKSAR but independently administered by the legal profession of Hong Kong. The Hong Kong Bar Association and the Law Society of Hong Kong each nominate four members to sit on the council of the service, which manages and administers its operations. Three lay members have also been invited to sit on the council.
The Legal Advice Scheme provides free advice to members of the public without means testing, at seven advice centres located in the District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 120 referral agencies, which include all District Offices, Caritas Services Centres and the Social Welfare Department. Approximately 710 volunteer lawyers participate in the scheme. A total of 5 901 people were given legal advice during the year.
The Duty Lawyer Scheme provides legal representation to virtually all defendants who are charged in the magistracies. To be eligible for legal representation under the scheme, an applicant has to pass a means test: if his gross annual income does not exceed $127,330, he is eligible for assistance under the scheme. However, the Administrator of the Duty Lawyer Service has a discretion to grant legal representation to defendants whose gross annual income exceeds this limit, if she considers that it is in the interests of justice to do so. Applicants are also subject to a merits test. The prime consideration is whether the defendant is in jeopardy of losing his liberty or whether a substantial question of law is involved.
The scheme also assigns barristers and solicitors to advise defendants facing extradition, to monitor the one-way viewer identification parades conducted by the police, and to represent hawkers upon their appeals to the Municipal Services Appeals Board.
More than 1 100 barristers and solicitors were on the duty lawyer roster and 88 111 defendants were represented under the Duty Lawyer Scheme in 1999.
The Tel-Law Scheme offers taped legal information to the public in English, Cantonese and Putonghua. The tapes cover various aspects of law including matrimonial, landlord and tenant, criminal, financial, employment, environmental and administrative law. They are constantly updated and new tapes are added when new subjects are identified as being of interest to the public. During the year, 71 topics were available and 78 953 calls were received.
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