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SATURDAY, JULY 14, 1979
AT PRESENT. ABOUT 100 LAWYERS ARE PARTICIPATING IN THE SCHEME AND THE FREE SERVICE IS AVAILABLE AT THREE MAGISTRACIES SAN PO XONG, NORTH KOWLOON AND CAUSEWAY BAY,
UNDER THE SCHEME, BASIC LEGAL ADVICE AND FREE LEGAL REPRESENTATION BY A PRACTISING BARRISTER OR SOLICITOR ARE AVAILABLE TO PEOPLE BROUGHT BEFORE ONE OF THESE THREE MAGISTRACIES, FOR CERTAIN OFFENCES.
THE OFFENCES COVERED BY THE SCHEME INCLUDE MEMBERSHIP OF AND PROFESSING TO BE A MEMBER OF AN UNLAWFUL SOCIETY, LOITERING UNLAWFUL POSSESSION CONTRARY TO THE SUMMARY OFFENCES ORDINANCE, GOING EQUIPPED FOR STEALING, OBSTRUCTING A POLICE OFFICER AND RESISTING ARREST, AND SIMPLE POSSESSION OF DANGEROUS DRUGS,
LIAISON OFFICERS AT THE THREE MAGISTRACIES WILL SEE ALL PERSONS CHARGED WITH THESE OFFENCES, WHETHER IN CUSTODY OR ON BAIL, AND OFFER THEM THE SERVICES OF THE SCHEME. IF THEY ACCEPT, THEN THEIR INSTRUCTIONS ARE TAKEN AND PASSED TO THE DUTY LAWYER WHO WILL REPRESENT THEM.
ONE OF THE DUTY LAWYERS FOR THE DAY WILL THEN APPEAR IN COURT FOR THE DEFENDANT TO SEEK BAIL, OR TO MAKE A PLEA OF MITIGATION IN THE CASE OF ONE WHO WISHES TO PLEAD GUILTY. HE MAY ALSO CONDUCT THE DEFENCE FOR A DEFENDANT WHO PLEADS NOT GUILTY.
ALTHOUGH THE SCHEME HAS ONLY BEEN IN OPERATION FOR A SHORT TIME, IT HAS SUCCEEDED IN OBTAINING THE CONFIDENCE OF THE DEFENDANTS THAT IT REPRESENTS. FEW PEOPLE REFUSE THE SERVICES OFFERED, ALTHOUGH OCCASIONALLY A PERSON WILL EMPLOY HIS OWN LAWYER INDEPENDENTLY.
ACCORDING TO STATISTICS, SOME 300 PEOPLE, NEARLY 50 PER CENT OF THOSE WHO ENTERED A NOT GULITY PLEA UNDER THE SCHEME. WERE ACQUITTED THROUHG THE ASSISTANCE OF DUTY LAWYERS, IN THE FIRST FIVE MONTHS OF THIS YEAR.
DESPITE THE HIGH ACQUITTAL RATE, THE SPOKESMAN STRESSED THAT THE MAIN PURPOSE OF THE SCHEME WAS TO COVER AN IMPORTANT AREA OF PROVEN SOCIAL NEED.
+ IN THE PAST PEOPLE CHARGED WITH OFFENCES IN MAGISTRATE COURTS HAD NO ACCESS TO FREE LEGAL ADVICE OR REPRESENTATION. THEY FREQUENTLY KNEW NOTHING OF PROCEDURE OR THE DEFENCES AVAILABLE TO THEM, AND THEY PLEADED GUILTY WITHOUT OFFERING ANY MITIGATION TO THE MAGISTRATE CONSIDERING SENTENCE. THE SCHEME HAS RADICALLY CHANGED THIS SITUATION AND, IF PROPERLY DEVELOPED IT WILL PROVIDE A STRONG SAFEGUARD FOR THE PEOPLE OF HONG KONG IN THE FUTURE,+ HE ADDED.
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