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14.
Problems in a legal aid case explained
Following is a question by the Hon Cheung Hon-chung and a reply by the Attorney General, Mr Jeremy Mathews, in the Legislative Council today (Wednesday):
Question:
It is learnt that the Legal Aid Department (LAD) had delayed processing a case involving a claim for damages in respect of the accidental death of a crew member on board a vessel, and was also mistaken about the particulars of the defendant's fleet, resulting in the plaintiff not being able to file a successful claim for damages. In this connection, will the Government inform this Council of:
Reply:
(a)
(b)
(c)
Mr President,
the criteria adopted by the LAD in assigning cases to counsels;
the remedial measures taken to prevent the recurrence of similar incidents; and
the channels that are open to people in receipt of legal aid for filing complaints and claiming damages in respect of the losses they suffer due to mistakes on the part of the LAD?
The case referred to in this question relates to the accidental death of a stevedore who was handling cargo on board a ship in Hong Kong waters. Legal aid was granted to his widow, who brought two actions in respect of that accident: one was an action against the deceased's employers; and the other was against the ship and its sister ships. The writs in respect of both actions were issued within the statutory time limits. No problems have arisen in respect of the action against the employers. That claim is pending before the courts. Problems did, however, occur in respect of the action against the ship and because of them the action can no longer be pursued. I would, however, like to emphasize that it cannot be assumed that the widow's claim for compensation has suffered in any way. As I have said, her claim against the employers is still being pursued. The answers to the three specific questions are as follows.