36 The Legal System
During the year, 4 477 applications for criminal legal aid were received and legal aid was granted to 3 033 applicants. Total expenditure on criminal cases was $94.7 million.
Duty Lawyer Service
The Duty Lawyer Service operates the Legal Advice Scheme, the Duty Lawyer Scheme, the Legal Representation Scheme for Children/Juveniles Involved in Care or Protection Proceedings and the Tel-Law Scheme. It is subvented by the Government but independently administered by the legal profession of Hong Kong. The Hong Kong Bar Association and the Law Society of Hong Kong each nominates 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 District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 27 referral agencies (with over 160 branches), which include all District Offices, Caritas Services Centres and the Social Welfare Department. A total of 6 089 people were given legal advice during the year by 922 volunteer lawyers participating in the scheme.
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's gross annual income must not exceed $116,880. 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 it is considered to be 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 hawkers at the hearing of their appeals to the Municipal Services Appeals Board.
More than 1 400 barristers and solicitors were on the duty lawyer panel and 50 760 persons were represented under the Duty Lawyer Scheme in 2004.
With effect from October 2003, the Duty Lawyer Service was commissioned to launch the Legal Representation Scheme for Children/Juveniles Involved in Care or Protection Proceedings to cover care or protection proceedings in juvenile courts. Legal representation is now offered to children/juveniles in care or protection proceedings who are detained in a gazetted place of refuge under the Protection of Children and Juveniles Ordinance. In 2004, 487 children/juveniles were represented under this scheme (including 423 new cases and 64 cases carried forward from 2003).