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WEDNESDAY, FEBRUARY 22, 1989
LEGAL AID APPLICANTS MUST SATISFY MEANS TEST
LEGAL AID IS GRANTED IF THE APPLICANT SATISFIES THE MEANS TEST AND CAN SHOW THAT HE HAS REASONABLE GROUNDS FOR BRINGING, CONTINUING OR DEFENDING PROCEEDINGS.
THE ACTING SECRETARY FOR ADMINISTRATIVE SERVICES AND INFORMATION, THE HON ELAINE CHUNG, SAID THIS IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) IN REPLY TO A QUESTION FROM THE HON SELINA CHOW.
ADOPTED
MRS CHOW HAD ASKED WHETHER THE CRITERIA AND GUIDELINES IN THE GRANTING OF LEGAL AID WOULD BE REVIEWED IN THE LIGHT OF THE COMMENTS MADE BY A JUDGE IN A RECENT CASE IN THE HIGH COURT.
MISS CHUNG SAID THE CRITERIA FOR GRANTING LEGAL AID WERE CONTAINED IN THE LEGAL AID ORDINANCE.
"IN THE CASE TO WHICH MRS CHOW HAS REFERRED, THE APPLICANT MADE A STATUTORY DECLARATION THAT HE HAD BEEN DISMISSED FROM #IS EMPLOYMENT AS A BANK CLERK AND WAS, AT THE TIME OF
THE MAKING APPLICATION, UNEMPLOYED," MI99 CHUNG SAID.
"ON THE INFORMATION AVAILABLE AS TO HIS ACTUAL AND ANTICIPATED INCOME AND COMMITMENTS HE SATISFIED THE MEANS TEST, SHE ADDED.
*
MISS CHUNG SAID AS REGARDS THE MERITS OF THE CASE, THE DECISION BY A LEGAL AID OFFICER TO DETERMINE IF THERE WERE REASONABLE GROUNDS WAS A MATTER OF PROFESSIONAL JUDGEMENT SUBJECT TO APPEAL IN THE EVENT OF REFUSAL.
THAT JUDGEMENT WAS OFTEN SUPPORTED BY AN OPINION OF COUNSEL
IN
PRIVATE PRACTICE.
OPINION
OF
SHE NOTED THAT IN THE PRESENT CASE, IT WAS THE COUNSEL THAT THE APPLICANT HAD A DEFENCE TO THE PROCEEDINGS BROUGHT AGAINST HIM. AND THE FACT THAT HE HAD SUSTAINED A LOSS IN THE FUTURES MARKET WAS NOT A GROUND FOR REFUSAL OF LEGAL AID IN THE LIGHT OF THE PROPOSED DEFENCE.
**
"THE ADMINISTRATION DOES NOT CONSIDER THAT THERE IS A NEED REVIEW THE CRITERIA FOR THE GRANT OF LEGAL AID IN THE LIGHT OF THIS PARTICULAR CASE,' MISS CHUNG SAID,
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