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WEDNESDAY, JULY 11, 1934
CHANGES IN LEGAL AID PROPOSED
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PROPOSED CHANGES IN THE LEGAL AID SYSTEM WERE A SIGNIFICANT FIRST STEP TOWARDS PLACING LEGAL SERVICES WITHIN THE GRASP OF THE SO-CALLED 'SANDWICH' CLASS, THE ATTORNEY-GENERAL, THE HON MICHAEL THOMAS, TOLD THE LEGISLATIVE COUNCIL TODAY.
MR THOMAS WAS MOVING THE SECOND READING OF THE LEGAL AID (AMENDMENT) BILL 1984.
HE SAID HONG KONG COULD BE JUSTLY PROUD OF THE EXTENT OF LEGAL AID AVAILABLE TO LITIGANTS, BUT THE FACILITIES REQUIRED CONSTANT REVIEW IF THEY WERE TO CONTINUE TO MEET THE PUBLIC NEED.
+MUCH HAS BEEN SAID OF LATE OF THE IMPORTANCE OF THE RULE OF LAW. EQUALLY AS IMPORTANT IS THE PRINCIPLE THAT ACCESS TO THE COURTS SHOULD BE AVAILABLE TO ALL, + MR THOMAS SAID.
+THIS BILL REPRESENTS AN IMPORTANT DEVELOPMENT IN THE PROVISION OF LEGAL SERVICES TO THOSE IN NEED AND AS SUCH I AM CONFIDENT THAT IT WILL BE WIDELY WELCOMED.+
MR THOMAS SAID THAT THE BILL WAS THE RESULT OF THE RECOMMENDATIONS OF A WORKING PARTY ESTABLISHED IN JUNE 1981 MADE UP OF PEOPLE CLOSELY INVOLVED WITH THE ADMINISTRATION OF LEGAL AID IN HONG KONG.
HE SAID THAT WHILE THE IMPOSITION OF A MEANS TEST ON APPLICANTS FOR LEGAL AID WAS CLEARLY JUSTIFIED, THE LIMITS INEVITABLY HAD TO BE ARBITRARY AND THERE WERE FEARS THAT SOME APPLICANTS WHO FAILED THE MEANS TEST MIGHT NEVERTHELESS BE HARD PRESSED TO PAY FOR THE SERVICES OF A PRIVATE LAWYER.
+ IT IS TO MEET, AT LEAST IN PART, THIS NEED, THAT THE INTRODUCTION OF THE SUPPLEMENTARY LEGAL AID SCHEME IS PROPOSED, MR THOMAS SAID.
+ IN ESSENCE, THE BENEFITS OF THE SCHEME ARE TO BE MADE AVAILABLE TO ALL APPLICANTS WHO SATISFY THE DIRECTOR OF LEGAL AID THAT THEY HAVE REASONABLE GROUNDS FOR TAKING PROCEEDINGS IN THE HIGH COURT FOR DAMAGES FOR PERSONAL INJURIES OR DEATH, ALTHOUGH AT THIS STAGE CLAIMS FOR MEDICAL NEGLIGENCE ARE EXCLUDED.
+FINANCIAL LIMITS WILL APPLY, HIGHER THAN THOSE FOR THE EXISTING LEGAL AID SCHEME. THEY ARE TO BE FIXED AT A GROSS MONTHLY INCOME NOT EXCEEDING $15 000 AND DISPOSABLE CAPITAL OF $100 000 OR LESS, + MR THOMAS SAID.
HE SAID THAT WHEN UNOFFICIAL MEMBER MISS MARIA TAM HAD CALLED LAST OCTOBER FOR SUCH A SCHEME TO BE INTRODUCED, HE HAD INDICATED THAT FINANCING OF THE SCHEME WAS BEING DISCUSSED.
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/+IT WAS