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The Legal System
negligence claims against insurers or their intermediaries in respect of the taking out of personal insurance products, and monetary claims against the vendors in the sale of first-hand residential properties, where the claim for damages is likely to exceed $60,000. It also covers representation for employees in appeals against awards made by the Labour Tribunal regardless of the amount in dispute.
The scheme is self-financing and funded by contributions from aided persons and a percentage payment deducted from damages or compensation recovered on their behalf.
Legal Aid in Criminal Cases
Legal aid is available for criminal trials in the Court of First Instance and the District Court, committal proceedings in the Magistrates' Courts, appeals from the Magistrates' Courts and for appeals to the Court of Appeal and the Court of Final Appeal. Applicants who pass the means test will be granted legal aid for trial provided the Director of Legal Aid is satisfied that it is in the interests of justice for legal aid to be granted. For appeals, it must be shown that there are valid grounds, except for appeals involving applicants charged with murder, treason or piracy with
violence.
The Director of Legal Aid has discretion to grant legal aid in a criminal case even though the applicant's financial resources exceed the eligibility limit if he is satisfied that it is desirable in the interests of justice to do so, subject to payment of a contribution.
An applicant who passes the means test but is refused legal aid may apply to a judge for legal aid to be granted to him. Applicants charged with or convicted of murder, treason or piracy with violence may apply to a judge for legal aid not only for the trial or appeal, but also for exemption from the means test or payment of a contribution. Appeals against refusal of legal aid for appeals to the Court of Final Appeal are heard by a Review Committee chaired by the Registrar of the High Court and comprising a barrister and a solicitor.
The following table sets out statistics for legal aid cases in 2012:
Civil Cases
Criminal
Ordinary
Supplementary
Cases
Scheme
Scheme
Number of applications
16,332
201
3,684
Number of certificates granted
8,028
143
2,521
Amount of expenditure incurred
$404.8 million
$6.4 million
$95.4 million
Monies recovered
$809.5 million
$33.3 million
N/A
The Official Solicitor
The Director of Legal Aid is also the Official Solicitor, appointed under the Official Solicitor Ordinance. The Official Solicitor's main duties are to act as 'guardian ad litem' or 'next friend' in
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