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FRIDAY, AUGUST 26, 1988

MISCELLANEOUS CHANGES TO LEGAL AID REGULATIONS

CERTAIN MISCELLANEOUS AMENDMENTS TO THE LEGAL AID REGULATIONS WERE PUBLISHED IN THE GAZETTE TODAY (FRIDAY).

THE LEGAL AID (AMENDMENT) REGULATIONS 1988 WERE MADE UNDER THE LEGAL AID ORDINANCE.

INITIAL

ONE AMENDMENT INCREASES FROM $300 TO $600 THE APPLICATION FEE FOR LEGAL AID UNDER THE SUPPLEMENTARY LEGAL AID SCHEME WHICH WAS ESTABLISHED IN 1984.

THE INCREASE IS NECESSARY IN VIEW OF RISING COSTS INVOLVED IN THE PROCESSING OF INITIAL APPLICATIONS, A SPOKESMAN FOR THE LEGAL AID DEPARTMENT SAID.

ANOTHER AMENDMENT IS INTENDED TO PREVENT ABUSE OF THE SCHEME BY THE LODGING OF REPEATED APPLICATIONS BY VEXATIOUS APPLICANTS.

VEXATIOUS

THE SPOKESMAN EXPLAINED THAT THOUGH SUCH APPLICATIONS WERE SMALL IN NUMBER THEY DID RESULT IN AN ABUSE OF SERVICE AND A WASTE OF PROFESSIONAL TIME AND MANPOWER.

THE

UNDER THE ORIGINAL REGULATIONS SUCH VEXATIOUS APPLICANTS VARIED THEIR STATED REASONS FOR SEEKING LEGAL REPRESENTATION AND THE DIRECTOR OF LEGAL AID WAS UNABLE TO MAKE A CLEAR ORDER PREVENTING FURTHER VEXATIOUS APPLICATIONS EVEN THOUGH HE WAS SATISFIED THE CONDUCT OF SUCH APPLICANTS HAD AMOUNTED TO AN ABUSE OF THE SERVICES OF THE LEGAL AID SCHEME.

THE AMENDED REGULATIONS CLARIFY AND STRENGTHEN THE POWER OF THE DIRECTOR TO MAKE AN ORDER THAT WOULD PREVENT REPEATED VEXATIOUS APPLICATIONS BEING MADE. HOWEVER, THE ORDER WOULD BE SUBJECT ΤΟ APPEAL TO THE REGISTRAR OF THE SUPREME COURT,

ANOTHER AMENDMENT WILL

ENSURE

THAT

COUNTER-CLAIMS, CROSS-PETITIONS AND CROSS-APPEALS ARE BROUGHT ONLY IN THOSE LEGAL AID CASES IN WHICH PRIOR APPROVAL HAS BEEN GIVEN BY THE DIRECTOR OF LEGAL AID.

AT THE SAME TIME, THE OPPORTUNITY HAS BEEN TAKEN TO REVISE THE STATUTORY FORMS REQUIRED IN MAKING APPLICATIONS FOR LEGAL AID. THIS WILL MAKE THE FORMS MORE EASILY UNDERSTOOD BY PEOPLE USING THEM WHEN SEEKING LEGAL AID, THE SPOKESMAN ADDED.

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