3
SUNDAY, APRIL 22, 1979
THE SPOKESMAN SAID HE HIGHLIGHTED THIS PARTICULAR WOMAN'S PLIGHT BECAUSE LIKE MANY OTHERS, SHE MAY HAVE THOUGHT SHE WAS NOT ENTITLED TO LEGAL AID BECAUSE OF HER MONTHLY MAINTENANCE.
+THIS IS INDEED A MISCONCEPTION, THE SPOKESMAN SAID, ADDING: +THE FACT IS THAT MORE THAN THREE MILLION PEOPLE IN HONG KONG ARE ELIGIBLE FOR LEGAL AID.+
+ IN OTHER WORDS, MANY OF THESE PEOPLE, INCLUDING SOME OF THE MORE WEALTHY WIVES, LOCAL AND EXPATRIATES OF ALL NATIONALITIES CAN APPROACH THE LEGAL AID DEPARTMENT FOR EITHER A FREE SERVICE OR FOR ONE COSTING NOT MORE THAN $2,000 INSTEAD OF PAYING HIGH FEES FOR PRIVATE SERVICES.
+MANY OF THEM, HE ADDED +ARE PERHAPS MISLED BY OUR MEANS TEST OF NOT HAVING MORE THAN $1,000 INCOME A MONTH AND $10,000 IN DISPOSABLE CAPITAL.+
+WHAT THEY PROBABLY DO NOT REALISE IS THAT FOR NON-WORKING WIVES MAINTENANCE DOES NOT COME WITHIN THE MEANING OF INCOME UNDER THE LEGAL AID ORDINANCE, THE SPOKESMAN EMPHASISED.
+THERE IS NO DEFINITION OF INCOME IN THE LEGAL AID ORDINANCE. ACCORDINGLY, WE GIVE INCOME ITS NORMAL NATURAL MEANING, NAMELY, PROCEEDS FROM A PROFESSION, TRADE OR BUSINESS.+
+AND ON THE QUESTION OF DISPOSABLE CAPITAL, + THE SPOKESMAN SAID, +WE DON'T COUNT THE OCCASIONAL DIAMOND RING OR PEARL NECKLACE BECAUSE THESE ARE PERSONAL EFFECTS' WITHIN THE MEANING OF THE LEGAL AID SUBSIDIARY LEGISLATION. WE ONLY COUNT JEWELLERY WHERE IT HAS BEEN PURCHASED AS AN INVESTMENT. IN ARRIVING AT DISPOSABLE CAPITAL, APPLICANTS GET VERY SUBSTANTIAL ALLOWANCES IN RESPECT OF DEPENDANTS. IF THEY OWN A FLAT, WE DEDUCT $40,000 AS AN ALLOWANCE.+
WHAT ABOUT WIVES, WHO IN ADDITION TO RECEIVING MAINTENANCE, WORK IN ORDER TO GET A BETTER LIVELIHOOD?
+IN SUCH CASES, THE SPOKESMAN SAID, THE MAINTENANCE IS DISREGARDED BUT THEIR SALARIES ARE ASSESSED. DEDUCTIONS ARE MADE IN RESPECT OF RENT AND DEPENDANTS AND SO ON.+
+IF A BROKEN MARRIAGE CANNOT BE RECONCILED, THERE IS NO REASON WHY A WOMAN SHOULD NOT BE ABLE TO AFFORD A DIVORCE THROUGH FREE OR CONTRIBUTORY LEGAL AID, HE SAID.
+ INDEED, FAR FROM INCITING WIVES TO DIVORCE THEIR HUSBANDS IF THE WOMAN KNEW SHE HAS THIS INDEPENDENCE, IT MAY WELL PROLONG MARRIAGE INSTEAD OF DESTROYING IT, HE ADDED.
ALTHOUGH MOST OF THOSE WHO APPLY FOR DIVORCE ARE WOMEN, THE SAME PRIVILEGES ARE EXTENDED TO MEN.
THOSE WHO SUFFER MOST WHEN A MARRIAGE BREAKS DOWN ARE THE CHILDREN AND WE WANT TO ENSURE THAT THEY WILL BE WELL TAKEN CARE OF,+ THE SPOKESMAN POINTED OUT.
+SO ANYONE WHO NEEDS HELP, BE IT A CIVIL OR CRIMINAL CASE, SHOULD NOT HESITATE TO APPROACH THE LEGAL AID DEPARTMENT. AFTER ALL, IT DOESN'T COST A CENT TO MAKE AN APPLICATION. +
THE LEGAL