WEDNESDAY, JUNE 28, 1989
27
IMPROVEMENTS TO LEGAL AID SCHEME SOUGHT
AMENDMENTS
TO
THE LEGAL AID ORDINANCE ARE BEING SOUGHT TO IMPROVE THE WORKING OF THE LEGAL AID SCHEME, THE CHIEF SECRETARY, THE HON SIR DAVID FORD, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE LEGAL AID (AMENDMENT} BILL 1989, SIR DAVID SAID TWO OF THE AMENDMENTS SOUGHT TO UPDATE CERTAIN FINANCIAL LIMITS.
"THE ORDINANCE EMPOWERS THE DIRECTOR OF LEGAL AID TO IMPOSE A FIRST
AN FROM CHARGE, FOR THE PURPOSE OF RECOVERING CONTRIBUTIONS AIDED PERSON, ON ANY PROPERTY RECOVERED OR PRESERVED FOR HIM, EXCLUDING MAINTENANCE PAYMENTS EXCEEDING $1,500 PER MONTH.
"ONE AMENDMENT INCREASES THIS LIMIT TO $2.500 PER MONTH. ANOTHER AMENDMENT INCREASES THE AMOUNT OF THE FIRST CHARGE THAT THE DIRECTOR MAY WAIVE IN CASES OF SERIOUS HARDSHIP FROM $10,000 $30,000," HE SAID.
TO
SIR DAVID SAID THE BILL ALSO SOUGHT TO EXTEND THE SUPPLEMENTARY LEGAL AID SCHEME TO THE DISTRICT COURTS.
"THE LEGAL AID ORDINANCE PROVIDES FOR THE AWARD OF SUPPLEMENTARY LEGAL AID IN CASE OF CIVIL PROCEEDINGS IN THE HIGH COURT OR COURT OF APPEAL ONLY, WHICH ARE BROUGHT BY THE AIDED PERSON IN A CLAIM ARISING FROM PERSONAL INJURIES TO, OR THE DEATH
ANY
PERSON.
OF,
"UNTIL
RECENTLY CLAIMS IN EXCESS OF $60,000 WERE LITIGATED IN
THE HIGH COURT.
"THE RECENT INCREASE OF THE DISTRICT COURT CIVIL JURISDICTION FROM $60,000 TO $120,000 HAS MEANT THAT THOSE PERSONS WITH A CLAIM BETWEEN $60,000 AND $120,000 ARE NO LONGER ELIGIBLE FOR SUPPLEMENTARY LEGAL AID SINCE THEIR CLAIMS MUST NOW BE LITIGATED IN
DISTRICT COURT, AND NOT THE HIGH COURT, THE CHIEF SECRETARY SAID.
||
"THE BILL RESTORES THEIR ELIGIBILITY," HE ADDED.
THE
"THE
BILL MAKES IT CLEAR THAT THE DIRECTOR IS LIABLE TO PAY NON-AIDED PARTY'S COSTS INCURRED IN SUCCESSFULLY OPPOSING
OR CROSS-APPEAL BROUGHT BY A LEGALLY COUNTER-CLAIM, CROSS-PETITION AIDED DEFENDANT OR RESPONDENT," SIR DAVID SAID.
A
A
HE SAID
THE REMAINING AMENDMENTS MADE BY THE BILL WERE OF
A
MINOR NATURE.
DEBATE ON THE BILL WAS ADJOURNED.
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