74 -
Legal Aid Criminal Cases Rules
Following is the speech by the Chief Secretary, the Hon Anson Chan, in moving the resolution on the Legal Aid in Criminal Cases (Amendment)(No 3) Rules 1995 in the Legislative Council today (Thursday):
Mr President.
I move the second motion standing in my name on the Order Paper.
The Legal Aid (Amendment) Bill was passed by this Council on 14 June and received the assent of the Governor on 15 June. Under sections 9 and 9A of the Criminal Procedure Ordinance, the Chief Justice made the Legal Aid in Criminal Cases (Amendment) (No. 2) Rules 1995 after the Bill has been passed into law. The Ordinance and its subsidiary legislation, including the Rules, came into effect on 28 July.
Rule 16 of the Legal Aid in Criminal Cases Rules provides that the Director of Legal Aid may require a person granted legal aid to pay a contribution towards the sums payable on his account by the Director. It has now been found that as a result of the earlier amendment, Rule 16 now covers only legal aid applications for proceedings in which a breach of the Hong Kong Bill of Rights Ordinance is an issue and has possibly omitted legal aid applications under ordinary circumstances. The present amendment to Rule 16, as amended in the Legal Aid in Criminal Cases (Amendment) (No. 2) Rules 1995, is required to ensure that the ordinary applications for legal aid in criminal matters are covered, as well as Bill of Rights cases.
In accordance with sections 9 and 9A of the Criminal Procedure Ordinance, the Chief Justice has made the Legal Aid in Criminal Cases (Amendment) (No. 3) Rules 1995 on 14 October. The Rules now require the approval of this Council by Resolution.
Mr President, I beg to move.
End/Thursday, November 2, 1995