THE LEGAL SYSTEM
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 assigns barristers and solicitors to advise defendants facing extradition and to represent persons who are at risk of criminal prosecution as a result of giving incriminating evidence in Coroner's inquests. They are also assigned to represent suspects attending one-way viewer identification parades conducted by the police, and to represent hawkers at the hearing of their appeals to the Municipal Services Appeals Board.
More than 1 267 barristers and solicitors were on the duty lawyer roster and 43 313 defendants were represented under the Duty Lawyer Scheme in 2001.
The Tel-Law Scheme offers taped legal information to the public in Cantonese, Putonghua and English. 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, 73 topics were available and 62 300 calls were received.
Legal Aid Services Council
The Legal Aid Services Council is an independent statutory body established to advise the Chief Executive of the HKSAR on legal aid policies. It also supervises the provision of legal aid services by the Legal Aid Department without interfering with its day-to-day operation. The council is chaired by a non-official who is not in the legal profession. Its members include lawyers, lay members and the Director of Legal Aid. During the year, it continued to conduct reviews and offer suggestions on various aspects of legal aid services provided by the Legal Aid Department.
The Official Solicitor
The Director of Legal Aid has been appointed as the Official Solicitor under the Official Solicitor Ordinance since August 1, 1991.
The Official Solicitor's main duties are to act as guardian ad litem or next friend in legal proceedings for persons under disability of age or mental capacity, as representative of deceased persons' estates for the purpose of legal proceedings, as Official Trustee and Judicial Trustee, to act as committee of the estate of mentally incapacitated persons, to represent any party in care or protection proceedings and to act on behalf of a person committed to prison for contempt who is unable or unwilling to apply on his own behalf for release.
The Official Solicitor's case-load for 2000-2001 was 218, an increase of 13 per cent over the previous financial year.
Director of Intellectual Property
The post of Director of Intellectual Property was established in 1990 as a statutory office by the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department operates the Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. The department is also responsible for making recommendations on the policy and legislation related to intellectual property
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