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WEDNESDAY, JULY 1, 1992
WE MUST CHANGING
MR DEPUTY PRESIDENT, WE LIVE IN A CHANGING WORLD AND ENSURE THAT WE ARE DELIVERING THE SERVICES WHICH MEFT THE DEMANDS OF OUR COMMUNITY. IN ORDER TO ENSURE THAT WE HAVE IN PLACE THE RIGHT POLICY, PROCEDURE, LEGISLATION AND ORGANISATIONAL FRAMEWORK FOR THE PROVISION OF LEGAL AID AND RELATED SERVICES, AN INTERDEPARTMENTAL WORKING GROUP HAS BEEN SET UP EARLIER THIS YEAR TO UNDERTAKE A COMPREHENSIVE REVIEW OF THE LAW, POLICY AND PRACTICE GOVERNING THE PROVISION OF LEGAL AID, ADVICE AND RELATED SERVICES IN HONG KONG, AND THE FUTURE DIRECTIONS IN THE LIGHT OF THE PROVISIONS OF THE BILL OF RIGHTS. THIS WORKING GROUP WILL LOOK IN PARTICULAR AT
THE THE
THE AREAS OF UNMET NEEDS, THE NEED FOR FURTHER RELAXATION OF THE EXISTING FINANCIAL LIMIT, AND THE APPROPRIATE ORGANISATIONAL STRUCTURE FOR SERVICE DELIVERY. THE WORKING GROUP WILL TAKE INTO ACCOUNT VIEWS EXPRESSED BY MEMBERS BEFORE FINALISING ITS RECOMMENDATIONS, GOVERNMENT INTENDS TO CONSULT THE PUBLIC INCLUDING OF COURSE THE LEGAL PROFESSION, ON THE RECOMMENDATIONS OF THE WORKING GROUP AFTER THEY HAVE FINALISED THEIR DELIBERATIONS. THE WORKING GROUP IS EXPECTED TO COMPLETE THE REVIEW BY THE END OF THE YEAP.
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THAT AN THE POLICY,
મમ REGARDS THE SUGGESTION FROM THE LEGAL PROFESSION INDEPENDENT LEGAL ATD AUTHORITY RESPONSIBLE FOR SUPERVISION AND MANAGEMENT OF ALL PUBLICLY FUNDED LEGAL AID SERVICES IN HONG KONG SHOULD BE SET UP, THIS SUGGESTION IS OF COURSE NOT A NEW ONE AND THE GOVERNMENT HAD GIVEN IT VERY CAREFUL CONSIDERATION IN THE PAST. WE HAVE TAKEN THE VIEW THAT THE NEED FOR AN INDEPENDENT AUTHORITY FOR THE ADMINISTRATION OF LEGAL AID ΤΟ GUARD AGAINST POSSIBLE INTERFERENCE BY THE EXECUTIVE WITH DECISIONS RELATING TO THE GRANT OF LEGAL AID IS MORE IMAGINED THAN REAL. THE DIRECTOR OF LEGAL AID IS EMPOWERED UNDER THE LEGAL AID ORDINAN E TO CONSIDER APPLICATIONS BEFORE HIM IN ACCORDANCE WITH THE STATUTORY CRITERIA. THUS THE DIRECTOR OF LEGAL AID ALREADY OPERATES INDEPENDENTLY. ADDITIONAL SAFEGUARD HAS BEEN BUILT INTO THE SYSTEM WHEREBY APPEALS FROM DECISIONS MADE BY THE DIRECTOR IN CIVIL CASES CAN BE MADE TO THE REGISTRAR, SUPREME COURT. WE ARE CONSIDERING INTRODUCING A SIMILAR AVENUE OF APPEAL IN RESPECT OF LEGAL AID IN CRIMINAL CASES.
AN
IF THE CONCERN IS WITH THE NEED TO PROVIDE GREATER SECURITY OF TENURE TO STAFF OF THE LEGAL AID DEPARTMENT, I HAVE NO DOUBT THAT TURNING THE LEGAL AID DEPARTMENT INTO AN INDEPENDENT BODY WILL BE THE WRONG SOLUTION, AS IT IS UNLIKELY THAT STAFF OF ORGANISATIONS OUTSIDE THE CIVIL SERVICE, WHO ARE NORMALLY EMPLOYED ON CONTRACT TERMS, WILL ENJOY GREATER SECURITY OF TENURE THAN GOVERNMENT EMPLOYEES WHO ARE ENGAGED ON PERMANENT AND PENSIONABLE TERMS. GIVEN THE SECURITY TENURE WHICH ALREADY EXISTS, I SFF NO POINT IN ESTABLISHING INDEPENDENT BODY TO ADMINISTER LEGAL AID, WITH ALL THE SUBSTANTIAL COSTS INVOLVED IN DISESTABLISHING THE LEGAL AID DEPARTMENT.
OF AN
WE SHALL, NONETHELESS, IN THE CURRENT REVIEW, EXAMINE WHETHER THERE HAVE BEEN ANY CHANGES IN CIRCUMSTANCES WHICH JUSTIFY THE ESTABLISHMENT OF AN INDEPENDENT LEGAL AID AUTHORITY FOR THE PROVISION OF LEGAL AID SERVICES IN HONG KONG.
/I HAVE