XN000022-1991-02-06 — Page 11

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WEDNESDAY, FEBRUARY 6, 1991

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IN SUCH CASES, SHE SAID, FEES AND CHARGES WERE SET AT DESIGNED TO PRODUCE A REASONABLE RETURN TO THE PUBLIC OVER AND ABOVE RECOVERY OF FULL OPERATING COSTS.

MRS CHAN POINTED OUT THAT AS THE FINANCIAL SECRETARY SAID IN HIS SPEECH AT THE CONCLUSION OF LAST YEAR'S BUDGET DEBATE, IN A LOW DIRECT TAX REGIME LIKE HONG KONG, THE GOVERNMENT SHOULD BE PREPARED TO USE FEES AND CHARGES FOR FISCAL PURPOSES WHERE THIS WAS APPROPRIATE.

"SUCH A POLICY HELPS TO SPREAD THE TAX LOAD AND REDUCE OUR DEPENDENCE ON REVENUE FROM DIRECT TAXATION.

**AT THE SAME TIME, THE GOVERNMENT IS CONSCIOUS OF THE NEED TO KEEP FEES AND CHARGES WITHIN THE REACH OF THE LESS WELL-OFF AND THIS IMPORTANT CAVEAT IS ALWAYS KEPT IN MIND WHEN WE REVIEW THE LEVEL OF SUCH FEES AND CHARGES, MRS CHAN SAID.

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OTHER GOVERNMENT SERVICES RAN ON SIMILAR COMMERCIAL LINES WERE AIRPORT, MARINE FERRY TERMINALS, GOVERNMENT TUNNELS AND WATER WORKS, SHE SAID..

SUFFICIENT RESOURCES AVAILABLE TO MEET NEEDS FOR LEGAL AID

SUFFICIENT RESOURCES ARE AVAILABLE TO MEET THE NEEDS OF ALL THOSE WHO MEET THE ELIGIBILITY CRITERIA FOR LEGAL AID, ΤΗΝ ACTING CHIEF SECRETARY, THE HON GRAHAM BARNES, INFORMED THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY),

IN A WRITTEN REPLY TO A QUESTION BY THE HON POON CHI-FAI, MR BARNES SAID THERE WAS NO QUESTION OF APPLICATIONS FROM LOCAL RESIDENTS BEING ADVERSELY AFFECTED BECAUSE OF APPLICATIONS FOR LEGAL AID BY NON- RESIDENTS.

HE SAID ANYONE INVOLVED IN PROCEEDINGS IN THE DISTRICT OR HIGH COURT WAS ELIGIBLE TO APPLY FOR LEGAL AID, REGARDLESS OF RESIDENCE OR NATIONALITY.

"THIS IS THE NORMAL PRACTICE ELSEWHERE IN THE WORLD AND IT IS NOT UNIQUE TO HONG KONG.

"ALL APPLICANTS ARE SUBJECT TO A MEANS TEST. IN CIVIL CASES THERE MUST ALSO BE REASONABLE GROUNDS FOR LITIGATING, AND IN CRIMINAL CASES IT MUST BE IN THE INTERESTS OF JUSTICE FOR LEGAL AID TO BE PROVIDED," HE SAID.

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MR BARNES SAID THE MAJORITY OF COUNTRIES WITH SOPHISTICATED SYSTEMS OF LEGAL AID PROVIDED ASSISTANCE ΤΟ FOREIGN RESIDENTS INVOLVED IN COURT PROCEEDINGS IN SUCH COUNTRIES.

"IN ANY EVENT, HONG KONG IS UNDER AN OBLIGATION UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS TO SEE THAT ALL PERSONS WITHIN HONG KONG WHO ARE CHARGED WITH A CRIMINAL OFFENCE PROVIDED WITH LEGAL AID WHERE THE INTERESTS OF JUSTICE SO REQUIRE, SAID.

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