THE LEGAL SYSTEM
claims arising from contracts of employment. The Small Claims Tribunal handles civil claims up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by people, such as authors and publishers. The Coroner's Court conducts inquests and inquires into the causes of and circumstances connected with a death.
In accordance with the Basic Law and the Official Languages Ordinance, the courts can use either or both of the official languages in any proceedings.
Legal Aid
Eligible applicants receive legal aid through the provision of the services of a solicitor and, if necessary, a barrister in court proceedings to ensure that a person who has reasonable grounds for pursuing or defending a legal action is not prevented from doing so by lack of means. Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service.
Legal Aid Department
The Legal Aid Department provides legal aid services to any person in Hong Kong, resident or non-resident, who satisfies the criteria for legal aid.
Ordinary Legal Aid Scheme for Civil Cases
The Ordinary Legal Aid Scheme is available for representation in civil proceedings in the Court of Final Appeal, Court of Appeal, Court of First Instance and District Court covering proceedings relating to major areas of the livelihood of the community at large, including family and matrimonial disputes, personal injury claims, employment disputes, tenancy disputes, contractual disputes, immigration matters and professional negligence claims.
An applicant must pass the 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 Ordinance 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 contribution depending on his financial resources and in the event that property is recovered or preserved on his behalf in the proceedings.
An applicant who is refused civil legal aid may appeal to the Registrar of the High Court, or in Court of Final Appeal cases, to a Review Committee. The decision of the Registrar or the Review Committee is final.
During the year, 21 643 applications for legal aid were received, and legal aid was granted to 10 694 applicants. The Legal Aid Department's expenditure on civil cases was $343 million and $769 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 for cases involving personal injury or death as
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