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The Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 1995 (the Regulation) adjusted the contributions payable by persons granted legal aid under ordinary circumstances and provided for a variation of the resources limits for persons granted legal aid for meritorious Bill of Rights cases to the Director of Legal Aid. The Regulation was gazetted on 28 July. It commenced operation on the same date as part of the subsidiary legislation of the Legal Aid (Amendment) Ordinance 1995, which was passed by this Council on 14 June. The Regulation was laid on the table in the Council on 11 October.
I am grateful to the Legal Service Division of the Legislative Council Secretariat for raising a number of drafting issues concerning the Regulation. The Administration accepts the points made and is now proposing a number of technical amendments.
First, a necessary consequential amendment to the Legal Aid (Assessment of Resources and Contributions) Regulations (the principal Regulations) resulting from the Legal Aid (Amendment) Ordinance 1995 has been inadvertently omitted. The Regulation at present amends Schedule 3 to the principal Regulations to provide for a variation of the resources limits for meritorious Bill of Rights cases. Cases relating to any inconsistency with the International Covenant on Civil and Political Rights have been left out. The new section 2(c) of the Regulation provides that meritorious International Covenant on Civil and Political Rights cases are also included.
Secondly, Part IV of Schedule 3 has at present no direct reference to a regulation in the text of the Legal Aid (Assessment of Resources and Contributions) Regulations. The new section 1 of the Regulation repeals Part IV of Schedule 3 and transposes it as the new regulation 15 of the principal Regulations.
Mr President, I beg to move.
End/Thursday, November 2, 1995