XN000022-1982-05-24 — Page 4

MONDAY, MAY 24, 1982

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THESE ALLOWANCES ARE MADE IN RESPECT OF BOTH APPLICANTS AND THE IR DEPENDANTS AND ARE PEGGED TO THE BASIC SCALES OF PUBLIC ASSISTANCE. THE SIZE OF THE INCREASE ON THIS LAST OCCASION WAS WELL ABOVE THE RATE OF INFLATION DURING THE PRECEDING 12 MONTHS. THIS MEANT THAT MORE PEOPLE HAD BECOME ELIGIBLE FOR LEGAL AID AS A RESULT OF THE INCREASE IN THE ALLOWANCES.

IN ADDITION, THE LEGAL AID IN CRIMINAL CASES RULES WERE AMENDED IN JANUARY THIS YEAR, TO ENABLE THE DIRECTOR OF LEGAL AID TO PAY SUBSTANTIALLY HIGHER AND MORE REALISTIC LEVELS OF FEES TO LEGAL PRACTITIONERS APPEARING AS ADVOCATES IN CRIMINAL CASES ON BEHALF OF LEGALLY AIDED PERSONS.

MR CLANCY SAID, THESE HIGHER MAXIMUM LEVELS OF FEES

ARE ESSENTIAL TO ENSURE THAT THE DIRECTOR CONTINUES TO BE ABLE TO ENGAGE SUITABLY EXPERIENCED ADVOCATES FOR ALL TYPES OF CRIMINAL CASES UNDER OUR LEGAL AID PROGRAMME.

AMENDMENTS TO THE LEGAL AID ORDINANCE WERE ALSO EFFECTED LAST JULY WITH REGARD TO THE STATUTORY CHARGE THAT THE DIRECTOR OF LEGAL AID HAS, IN RESPECT OF HIS EXPENSES INCURRED ON BEHALF OF A LEGALLY AIDED PERSON, OVER ANY MONEY OR PROPERTY RECOVERED FOR AN AIDED PERSON AS A RESULT OF HIM BENEFITING FROM LEGAL AID.

THE AMENDMENTS NOW ENABLE THE DIRECTOR TO WAIVE HIS STATUTORY CHARGE UP TO A MAXIMUM OF $10 000 IN RESPECT OF ANY ONE CASE WHERE TO ENFORCE IT WOULD CAUSE SERIOUS HARDSHIP AND WHERE IT IS CONSIDERED JUST AND EQUITABLE THAT THE STATUTORY CHARGE SHOULD BE WAIVED.

IN ADDITION, THE FIRST. $1 500 PER MONTH OF MAINTENANCE PAYMENTS RECOVERED FOR A LEGALLY AIDED SPOUSE ARE EXEMPTED FROM THE STATUTORY CHARGE WHILE MAINTENANCE PAYMENTS RECOVERED ON BEHALF OF CHILDREN OF A MARRIAGE ARE TOTALLY EXEMPT,

IN MOST CIVIL CASES, HOWEVER, IF A LEGALLY AIDED PARTY SUCCEEDS AND IS AWARDED COSTS AGAINST A NON-LEGALLY-AIDED PARTY TO THE PROCEEDINGS AND THOSE COSTS ARE RECOVERED, THEN EITHER_NO STATUTORY CHARGE IS LEVIED AT ALL, OR ONLY A MINIMAL AMOUNT IS DEDUCTED FROM THE PROPERTY OR DAMAGES RECOVERED TO MEET THE EXPENSES OF THE LEGAL AID DEPARTMENT.

PUBLIC CONFIDENCE IN THE WORK OF THE LEGAL AID DEPARTMENT IS DEMONSTRATED BY THE FACT THAT OVER THE PAST THREE YEARS, APPLICATIONS FOR LEGAL AID HAVE INCREASED AT AN AVERAGE OF 24 PER CENT EACH YEAR. NOTWITHSTANDING, THE AVERAGE INCREASE IN LEGAL AID STAFF OVER THE SAME PERIOD HAS BEEN ONLY AT AROUND 12 PER CENT PER ANNUM.

THE DEPARTMENT ATTRIBUTED THIS TO IMPROVED EFFICIENCY THROUGH REORGANISATION AND STREAMLINING OF PROCEDURES.

APPLICATIONS FOR LEGAL AID CAN BE MADE THROUGH THE DEPARTMENT'S HEADQUARTERS AT 5TH FLOOR, SINCERE BUILDING, 173 DES VOEUX ROAD CENTRAL (TEL, 5-457036), ITS KOWLOON BRANCH OFFICE AT 8TH FLOOR RITZ BUILDING, 625 NATHAN ROAD (3-302241-9) OR ITS MOBILE OFFICE IN THE NEW TERRITORIES.