THE LEGAL SYSTEM
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 Coroners' inquests. They are also assigned to represent hawkers at the hearing of their appeals to the Municipal Services Appeals Board. With effect from October 1, the Duty Lawyer Scheme was expanded to cover Care or Protection Proceedings in the Juvenile Court. Legal representation is offered to those children/juveniles in Care or Protection Proceedings who are detained in a gazetted place of refuge and whose parents/guardians have consented to such representation. More than 1 384 barristers and solicitors were on the duty lawyer roster and 50 172 persons were assisted under the Duty Lawyer Scheme in 2003.
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 updated regularly and new tapes are added when new subjects are identified as being of interest to the public. During the year, 78 topics were available and 44 145 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. Chaired by a non-official who is not in the legal profession, the council's members include lawyers, lay members and the Director of Legal Aid. During the year, it continued to conduct reviews of legal aid issues and of the services provided by the Legal Aid Department. The council discussed with the Government the annual and biennial review of financial eligibility limits of legal aid applicants, the five-yearly review of the criteria for assessing financial eligibility of legal aid applicants, and the operation of the Legal Aid Services Council Ordinance.
The Legal Aid Services Council also operates a scheme under which a legal aid applicant seeking to appeal to the Court of Final Appeal may apply for a counsel's certificate for a review of the Director of Legal Aid's refusal to grant legal aid on merits grounds.
In 2003, aid was granted in respect of 94 applications, comprising 86 criminal cases and eight civil cases, with a total financial commitment of $2,544,000.
The council has drawn up its work plan covering the period from 2003 to 2008.
The Official Solicitor
The Director of Legal Aid was appointed the Official Solicitor under the Official Solicitor Ordinance which took effect on August 1, 1991.
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