THE LEGAL SYSTEM
The range of civil proceedings covered includes family and matrimonial disputes, personal injury claims, employment disputes, tenancy disputes, contractual disputes, immigration matters and professional negligence claims. Admiralty, bankruptcy and company winding-up proceedings for claims for arrears of wages and other employment related benefits are also undertaken.
Applicants must pass means and merits tests to qualify for legal aid. For the means test, the applicant must show that his financial resources, i.e. annual disposable income and total disposable 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 cases where a breach of the Hong Kong Bill of Rights or an inconsistency with the International Covenant on Civil and Political Rights as applied to Hong Kong is an issue. 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. A legally aided person is required to pay a legal aid contribution depending on his financial resources. He is also required to reimburse the Director of Legal Aid for the costs incurred or any shortfall in the event that property is recovered or preserved on behalf of the aided person in 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 Review Committee. The decision in either event is final.
During the year, 25 567 applications for civil legal aid were received and legal aid was granted to 9 853 applicants. The Legal Aid Department's expenditure on civil cases was $374 million and $961 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 Ordinary Legal Aid Scheme but do not exceed $471,600. Under this scheme, legal aid is available in respect of claims arising from personal injury and death as well as cases based on medical, dental and legal professional negligence, where the claim for damages is likely to exceed $60,000. The scheme also covers claims under the Employees' Compensation Ordinance irrespective of the amount of the claim.
The scheme is self-financing, and funded by legal aid contributions and damages or compensation recovered. In 2002, 162 applications for legal aid were received and legal aid was granted to 124 applicants. Expenditure was $23 million and $69 million was recovered on behalf of the aided persons.
Legal Aid in Criminal Cases
In criminal cases, legal aid is available for representation in proceedings in the Court of First Instance and the District Court, in committal proceedings in the Magistrates' Court, in appeals from the Magistrates' Courts, and in appeals to the Court of Appeal and the Court of Final Appeal.
The Director of Legal Aid has the discretion to grant legal aid in a criminal case even if the applicant's financial resources exceed the means test limit if he is satisfied that it is desirable in the interests of justice to do so. A judge may grant legal aid on
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