XN000022-1978-07-05 — Page 5

WEDNESDAY, JULY 5, 1978

FREE LEGAL ASSISTANCE IN MAGISTRATE COURTS

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THE FINANCE COMMITTEE OF THE LEGISLATIVE COUNCIL HAS APPROVED THE FUNDS FOR INTRODUCING A DUTY-LAWYER SCHEME TO PROVIDE FREE LEGAL ASSISTANCE TO PEOPLE FACING CERTAIN CHARGES IN MAGISTRATE COURTS.

THIS WAS ANNOUNCED IN THE LEGISLATIVE COUNCIL TODAY BY THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY WHO ALSO REVEALED THAT NEW ARRANGEMENTS HAVE BEEN EMBODIED IN THE MAGISTRATES (AMENDMENT) BILL 1978 WHICH WILL ENABLE THE CHIEF JUSTICE TO APPOINT CANTONESE SPEAKING MEMBERS OF THE PUBLIC TO SIT WITH MAGISTRATES IN AN ADVISORY CAPACITY.

MR. HOBLEY SAID THE DUTY-LAWYER SCHEME WAS RECOMMENDED BY A WORKING COMMITTEE UNDER HIS CHAIRMANSHIP AND WOULD BE ALONG THE LINES OF THOSE OPERATED BY LOCAL LAW SOCIETIES IN ENGLAND.

HE SAID THE CONCEPT OF A DUTY-LAWYER SCHEME IS THAT THERE SHOULD BE AVAILABLE AT A MAGISTRACY, EACH DAY WHEN THE COURTS ARE SITTING, A LAWYER TO WHOM ACCUSED PEOPLE CAN TURN FOR BASIC LEGAL ADVICE WHEN THEY FIRST COME TO COURT.

+THE DUTY-LAWYER FOR THE DAY WOULD APPEAR IN COURT FOR EXAMPLE, TO SEEK BAIL, OR TO MAKE A PLEA OF MITIGATION IN THE CASE OF A DEFENDANT WHO WISHES TO PLEAD GUILTY. HE COULD ALSO CONDUCT

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THE DEFENCE FOR A DEFENDANT WHO PLEADS NOT GUILTY.

MR. HOBLEY CONTINUED: +THE WORKING PARTY NEXT CONSIDERED THE CRIMINAL OFFENCES TO WHICH THE SCHEME SHOULD APPLY AND CONCLUDED THAT IN THE INITIAL EXPERIMENTAL STAGE SOME RESTRICTION IS NECESSARY ON THE RANGE OF OFFENCES TO WHICH THE SCHEME MIGHT IDEALLY APPLY TAKING INTO ACCOUNT ALSO THE LIKELY AVAILABLE RESOURCES OF THE LEGAL PROFESSION.

+ IN THE LIGHT OF THIS, THE WORKING PARTY RECOMMENDED THAT INITIALLY THE OFFENCES TO WHICH THE DUTY-LAWYER SCHEME SHOULD APPLY SHOULD BE MEMBERSHIP OF AND PROFESSING TO BE A MEMBER OF AN UNLAWFUL SOCIETY, LOITERING, LOITERING WITH INTENT, UNLAWFUL POSSESSION CONTRARY TO THE SUMMARY OFFENCES ORDINANCE, GOING EQUIPPED FOR STEALING AND OBSTRUCTING A POLICE OFFICER AND RESISTING ARREST,+ MR. HOELEY SAID.

+THE SCHEME WILL ALSO EXTEND TO SIMPLE POSSESSION OF DANGEROUS DRUGS,+ HE ADDED.

MR. HOBLEY ALSO SAID THAT IT WAS THE VIEW OF THE WORKING PARTY THAT THE SCHEME SHOULD NOT OPERATE AT THE OUTSET AT MORE THAN THREE MAGISTRACIES.

+1 AM HOPEFUL THOUGH THAT IT WILL BE POSSIBLE TO EXTEND THE SCHEME TO A GREATER NUMBER OF MAGISTRACIES AS SOON AS WE HAVE EXPERIENCE OF ITS OPERATION,+ MR. HOBLEY SAID.

/ON THE .............