34 | The Legal System
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, the aggregate of his annual disposable income and total disposable capital after deduction of certain statutory allowances, do not exceed $155,800. The Director of Legal Aid may waive the upper financial 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 are at 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. An aided person may be required to pay a contribution depending on his financial resources and is required to pay costs if 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, a Review Committee. The decision of the Registrar or the Review Committee is final.
During the year, 16 806 applications for legal aid were received, and legal aid was granted to 8 656 applicants. The Legal Aid Department's expenditure on civil cases was $281 million, and $646 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 $432,900. Under this scheme, legal aid is available for cases involving personal injury or death as well as medical, dental or 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 contributions paid by aided persons and a percentage deducted from damages or compensation recovered on their behalf. In 2005, 158 applications for legal aid were received and legal aid was granted to 85 applicants. Expenditure was $9.7 million, and $51 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' Courts, in appeals from the Magistrates' Courts, and in appeals to the Court of Appeal and the Court of Final Appeal.
Legal aid is granted to applicants who pass the means test and if the Director of Legal Aid is satisfied that it is in the interests of justice for legal aid to be granted. 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 financial eligibility limit if he is satisfied that it is desirable in the interests of justice to do so, subject to payment of a contribution. There is no provision for appeal against the Director of Legal Aid's refusal to grant legal aid in criminal cases on the grounds of means or merit, except for appeals to the Court of Final Appeal. An applicant who is refused legal aid on the
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