XN000022-1983-10-27 — Page 11

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THURSDAY, OCTOBER 27, 1983

MARIA TAM SUGGESTS FUND TO HELP LITIGANTS

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A FUND SHOULD BE SET UP TO HELP THOSE WHO HAVE A REASONABLE CHANCE TO SUCCEED BUT CANNOT AFFORD THE COSTS OF LITIGATION TO PURSUE THEIR CLAIMS IN COURT REPRESENTED BY LAWYERS.

THIS SUGGESTION WAS MADE BY THE HON MARIA TAM IN THE LEGISLATIVE COUNCIL TODAY.

+AFTER THE CASE IS HEARD THE AIDED CLIENT WILL REPAY THIS FUND * SUM OUT OF THE DAMAGES HE RECOVERS SO THAT THE FUND WOULD SELF-SUFFICIENT IN FINANCING OTHER LITIGANTS, SHE EXPLAINED.

SHE FELT THAT SUCH A FUND WAS NEEDED BECAUSE HAVING THE RULE OF LAW IN OUR LEGAL SYSTEM IS ONE THING, MAKING ITS PROTECTION AVAILABLE TO THE MEN IN THE STREET IS ANOTHER.

SHE NOTED THAT AT PRESENT, THE LEGAL AID SCHEME IN CIVIL CASES COVERED AN ESTIMATED TWO-THIRDS OF HONG KONG'S POPULATION, LEAVING OVER 1.4 MILLION PEOPLE UNPROTECTED.

SHE CITED THE RESULTS OF A STUDY TO SHOW THAT THERE WERE PEOPLE WHO WERE UNABLE TO AFFORD A LAWYER PRIVATELY, BUT WHO THEN FAILED THE MEANS TEST OF THE LEGAL AID SCHEME ALTHOUGH THE IR CASES HAD MERITS.

MISS TAM SAID THAT THE ADVANTAGES OF SUCH A FUND. WHICH COULD BE SET UP WITH A LOAN FROM THE CENTRAL GOVERNMENT, WERE THAT:

* LITIGANTS COULD RECOVER SOME DAMAGES (MINUS A PERCENTAGE

OF REPAYMENT TO THE FUND) INSTEAD OF RECOVERING NOTHING AT ALL,

*

*

*

SUITORS OF THIS CATEGORY COULD ASSIST EACH OTHER IN OVERCOMING A DIFFICULT SITUATION,

CASES WITH MERITS WOULD BE GIVEN A JUST AND FAIR TRIAL, AND

+

THESE LITIGANTS WOULD NOT HAVE TO EXHAUST THE IR SAVINGS IN THE FIRST PLACE BY ENGAGING A LAWYER'S SERVICE ON A PRIVATE BRIEF AND THEN REVERT TO LEGAL AID.

+USUALLY FOR A PERSONAL INJURY CASE ONE CAN EASILY ESTIMATE THE DAMAGES RECOVERABLE BY THE PLAINTIFF, AND CASES ONCE STARTED CAN BE QUICKLY SETTLED.

+WHERE THERE IS A BREACH OF CONTRACT OR NEGLIGENCE CASE IT MAY TAKE UP TO TWO YEARS TO COMPLETE.

+HENCE THE REPAYMENT OF THE INITIAL LOAN CAN BE MADE WITHIN A MATTER OF, SAY, THREE YEARS AND THE FUND WOULD BECOME SELF-FINANCING, SHE ADDED.

/MISS TAM

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