XN000022-1991-03-13 — Page 12

WEDNESDAY, MARCH 13, 1991

10

MEANS TESTED

THE CRITERIA

AT PRESENT, AN APPLICANT IS CAPITAL AND INCOME, AND HAS TO SATISFY BEFORE HE IS ELIGIBLE.

THIS SYSTEM WORKS

ΤΟ THE DISADVANTAGE

ON HIS SEPARATELY

OF BOTH TESTS

A OF

PERSON WHOSE AND OR CAPITAL,

OF FINANCIAL

FINANCIAL RESOURCES CONSIST MAINLY OF EITHER INCOME

MAY HAVE THE SAME AMOUNT THOSE WHO OF IN FAVOUR RESOURCES BUT SPREAD BETWEEN BOTH INCOME AND CAPITAL.

MR TSAO POINTED

OUT THAT HIS

ANOMALY

WAS REMOVED

BY THE

PROVISIONS IN THE BILL.

HE SAID: "UNDER THE NEW SYSTEM, AN APPLICANT WILL ACCORDING TO HIS FINANCIAL RESOURCES, WHICH ARE DEFINED AS SUM OF HIS DISPOSABLE INCOME AND CAPITAL.

NOT DOES

FIGURE AGGREGATE "IF THE APPLICANT WILL BE ELIGIBLE ON MEANS GROUNDS CIVIL AND CRIMINAL CASES."

BE ASSESSED BEING THE

THE $120,000 EXCEED FOR LEGAL AID IN BOTH

NO

IS

MR TSAO SAID A NEW GRADUATED SCALE OF CONTRIBUTION WILL ALSO BE

UNDER THE NEW SCALE, INTRODUCED TO REPLACE THE EXISTING SCALE.

FINANCIAL CAPACITY CONTRIBUTION WILL BE REQUIRED FOR THOSE WHOSE $50,000 OR LESS.

REASONABLE

GROUNDS FOR

THE DIRECTOR INSTITUTING

HOWEVER, AN APPLICANT WILL STILL HAVE TO SATISFY

HE HAS THAT OF LEGAL AID PROCEEDINGS IN CIVIL CASES.

THE LAW WHEREBY POTENTIAL

IN LOOPHOLE THE BILL ALSO SEEKS TO CLOSE A SOME APPLICANTS DELIBERATELY FAIL TO MAXIMISE THEIR EARNING

MR ELIGIBILITY, SO AS TO BRING THEMSELVES WITHIN THE LIMITS OF SAID.

TSAO

AN WHILST

OUT

OF LEGAL DIRECTOR THE "THE PROPOSED AMENDMENT IS TO PROVIDE

FOR LEGAL AID FROM AID WITH AUTHORITY TO REFUSE AN APPLICATION

EMPLOYMENT OBTAIN GAINFUL APPLICANT WHO MAKES NO ATTEMPT TO AWAITING THE OUTCOME OF HIS LEGAL AID APPLICATION, OR WHO REMAINS

MONTHS AFTER SUBMITTING OF HONG KONG FOR A CONTINUOUS PERIOD OF SIX

IMPOSSIBLE TO ASSESS AN APPLICATION FOR LEGAL AID, 50 AS TO MAKE IT HIS ELIGIBILITY,

GUIDELINES TO ENSURE

"THE DIRECTOR OF LEGAL AID WILL DRAW UP THAT THE DISCRETION WILL BE EXERCISED FAIRLY AND EQUITABLY, NO GENUINE CASES WILL BE DISCRIMINATED AGAINST.

SUPREME COURT OF APPEAL TO THE

REGISTRAR,

REFUSAL WILL REMAIN AVAILABLE.

זי

AND THAT RIGHT DIRECTOR'S

THE STATUTORY

THE AGAINST

THERE

SUPPLEMENTARY

IS

A ALSO

CLAUSE SCHEME ALD LEGAL

PROPOS ING 'FO COVER

AN EXTENSION

EMPLOYEES'

то THE COMPENSATION

CLAIMS.

AT PRESENT AN

APPLICANT

THE SUPPLEMENTARY

SCHEME WHO IS SEEKING COMPENSATION FOR HIS CLAIM FOR EMPLOYEES' COMPENSATION, ALTHOUGH LEGAL AID FOR THE SUBSEQUENT COMMON LAW CLAIN.

UNDER

LEGAL AID

INJURIES CANNOT BE ASSISTED

HE IS

ELIGIBLE

IN FOR

"SINCE THE