XN000022-1982-01-22 — Page 2

FRIDAY, JANUARY 22, 1982

PLAN FOR LEGAL AID TO COVER APPEALS TO PRIVY COUNCIL

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THE LEGAL AID SCHEMES WILL BE EXPANDED TO COVER APPEALS TO THE PRIVY COUNCIL UNDER AN AMENDMENT BILL PUBLISHED TODAY.

IF THIS LEGAL AID (AMENDMENT) BILL 1982 RECEIVES THE APPROVAL OF THE LEGISLATIVE COUNCIL, LITIGANTS IN CIVIL PROCEEDINGS MAY BE GIVEN LEGAL AID TO APPEAL, APPLY FOR LEAVE TO APPEAL, AND TO OPPOSE SUCH APPEALS OR APPLICATIONS.

ANOTHER LEGISLATIVE CHANGE WILL BE PROPOSED, IF THE BILL IS PASSED, TO EXTEND LEGAL AID TO SIMILAR APPEALS IN CRIMINAL CASES.

A LEGAL AID DEPARTMENT SPOKESMAN SAID TODAY THAT THE CHIEF JUSTICE, ATTORNEY GENERAL, HONG KONG BAR ASSOCIATION AND THE LAW SOCIETY OF HONG KONG HAD GIVEN THE IR STRONG SUPPORT TO THESE LATEST PROPOSALS TO IMPROVE THE LEGAL AID SCHEME.

THE SPOKESMAN EXPLAINED THAT UNDER THE PROPOSED NEW SCHEME AID WOULD BE GIVEN ONLY WHERE AN APPLICANT CAME WITHIN THE LEGAL AID MEANS TEST LIMITS. IN ADDITION THE DIRECTOR OF LEGAL AID WOULD NEED TO BE SATISFIED BEFORE GRANTING LEGAL AID THAT THERE EXISTED IN LAW REASONABLE GROUNDS FOR APPEALING OR FOR OPPOSING AN APPEAL OR APPLICATION FOR LEAVE TO APPEAL, AS THE CASE MIGHT BE.

HE ADDED THAT, IN LINE WITH PAST DECISIONS OF THE PRIVY COUNCIL ON APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS, IT WAS ONLY APPROPRIATE TO APPEAL TO THAT BODY IN EXCEPTIONAL CASES OF PUBLIC

IMPORTANCE OR GRAVITY WHERE SERIOUS INJUSTICE MIGHT OTHERWISE RESULT. LEGAL AID WOULD ONLY THEREFORE BE GIVEN FOR SUCH APPLICATIONS AND APPEALS MEETING THIS CRITERION.

A THREE-MEMBER COMMITTEE OF REVIEW CHAIRED BY THE REGISTRAR OF THE SUPREME COURT AND ASSISTED BY A SENIOR BARRISTER AND A SENIOR SOLICITOR WILL HEAR APPEALS FROM APPLICANTS OR AIDED PERSONS WHO WISH TO DISPUTE THE DECISIONS OF THE DIRECTOR IN RELATION TO THE REFUSAL OF LEGAL AID IN PRIVY COUNCIL MATTERS.

IF THE BILL IS ENACTED, REGULATIONS WILL BE INTRODUCED AT THE SAME TIME TO ENABLE THE DIRECTOR TO DETERMINE THE APPROPRIATE FEES TO BE PAID TO COUNSEL OR SOLICITORS FOR THEIR WRITTEN OPINIONS, CERTIFICATES OR REPORTS ON THE MERITS OF APPLICATIONS FOR LEGAL AID.