THE LEGAL SYSTEM
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his own initiative if the applicant satisfies the means test. Applicants in cases involving a charge of murder, treason or piracy with violence may apply to a judge for a grant of legal aid, with exemption from the means test or payment of legal aid contributions.
The merits test applies mainly in relation to applications for legal aid for appeal. However, it does not apply to appeal cases 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 Review Committee appointed by the Registrar of the High Court.
During the year, 4 673 applications for criminal legal aid were received and legal aid was granted to 2 891 applicants. Total expenditure on criminal cases was $102 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 but independently administered by the legal profession. 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 nine advice centres located in the District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 27 referral agencies (165 branches), which include all District Offices, Caritas Services Centres and the Social Welfare Department. In 2002, 840 volunteer lawyers participated in the scheme, and a total of 6 084 people were given legal advice.
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 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 Court 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 1 320 barristers and solicitors were on the duty lawyer roster and 45 162 defendants were represented under the Duty Lawyer Scheme in 2002.
The Tel-Law Scheme offers taped legal information to the public in Cantonese, Putonghua and English. The tapes cover various aspects of law including