SUNDAY, OCTOBER 29, 1978
2
LEGAL AID TO DEFENDANTS IN CRIMINAL CASES
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THE LEGAL AID DEPARTMENT PROVIDED AID TO DEFENDANTS IN 409 CASES TRIED AT DISTRICT COURTS IN THE FIRST SIX MONTHS OF THE CURRENT FINANCIAL YEAR SINCE LEGAL AID WAS EXTENDED TO COVER ALL CRIMINAL CASES IN DISTRICT COURTS ON APRIL 1 THIS YEAR.
A SPOKESMAN FOR THE DEPARTMENT SAID THIS REPRESENTED A 10 PER CENT INCREASE IN THE NUMBER OF CASES IN WHICH LEGAL AID WAS APPLIED FOR COMPARED WITH THE CORRESPONDING PERIOD LAST YEAR.
+WE HAVE ABSORBED THIS EXTRA WORKLOAD WITHOUT ANY INCREASE
IN THE NUMBER OF OUR STAFF, HE SAID.
UNDER THE EXISTING RULES, LEGAL AID IS AVAILABLE SUBJECT TO MEANS TESTED LIMITS OF A MONTHLY DISPOSABLE INCOME OF $1,500 AND A DISPOSABLE CAPITAL OF $10,000 TO DEFENDANTS IN ALL CRIMINAL TRIALS IN THE HIGH COURT AND THE DISTRICT COURTS.
PERSONS CONVICTED AND SENTENCED BY MAGISTRATES ARE ELIGIBLE FOR LEGAL AID IF THEY WISH TO APPEAL TO THE HIGH COURT.
APPEALS FROM THE HIGH COURT AND THE DISTRICT COURTS COME BEFORE THE COURT OF APPEAL AND SIMILARLY LEGAL AID IS AVAILABLE IF THERE ARE ANY VALID GROUNDS FOR APPEAL.
IN ADDITION, LEGAL AID IS AVAILABLE TO PERSONS INVOLVED IN CIVIL PROCEEDINGS IF HIS MONTHLY DISPOSABLE INCOME IS WITHIN THE LIMIT OF $1,000 OR HIS DISPOSABLE CAPITAL, $10,000.
THE SPOKESMAN POINTED OUT THAT PEOPLE WITH REAL INCOME OR CAPITAL OF MUCH MORE THAN THESE LIMITS OFTEN QUALIFY FOR LEGAL AID BECAUSE THESE LIMITS ARE ARRIVED AT AFTER ALL STATUTORY DEDUCTIONS FROM REAL INCOME AND REAL CAPITAL HAVE BEEN MADE.
THE SPOKESMAN ALSO NOTED THAT LACK OF LEGAL REPRESENTATION IN COURT PROCEEDINGS IS ALMOST NECESSARILY A HARDSHIP AND A HANDICAP.
+PARTICULARLY IN CIVIL CASE WHERE THERE IS A LOT OF PRE-TRIAL INTERLOCUTORY TECHNICAL PROCEDURES TO BE CARRIED OUT. THESE MATTERS INVOLVE PROFESSIONAL EXPERTISE WHICH FEW LAYMEN CAN HOPE TO DEAL WITH.
+IF THIS PRE-TRIAL WORK IS DONE PROPERLY YOU MAY WELL HAVE YOUR CASE MORE THAN HALF WON BEFORE THE TRIAL EVEN STARTS, THE SPOKESMAN SAID.
HE ALSO POINTED OUT THAT THE GOING RATES OF PRIVATE PRACTITIONERS IN HONG KONG ARE OUT OF THE REACH OF THE MIDDLE-INCOME PEOPLE WHO DO NOT QUALIFY FOR LEGAL AID.
/TO.....