XN000022-1992-07-01 — Page 7

SCA ON LEGAL AID SERVICES

WEDNESDAY, JULY 1, 1992

THE FOLLOWING IS THE FULL TEXT OF THE SPEECH BY THE SECRETARY FOR CONSTITUTIONAL AFFAIRS, MR MICHAEL SZE. WHEN WINDING UP THE MOTION DEBATE ON LEGAL AID SERVICES IN THE LEGISLATIVE COUNCIL THIS [WEDNESDAY) EVENING:

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MR DEPUTY PRESIDENT,

I WOULD FIRST LIKE TO THANK MR ZACHARY WONG AND OTHER MEMBERS WHO HAVE SPOKEN IN THIS DEBATE FOR THE MANY INTERESTING IDEAS THEY HAVE PUT FORWARD REGARDING THE PROVISION OF LEGAL AID SERVICES IN HONG KONG. THEIR VIEWS WILL BE CAREFULLY CONSIDERED BY THE ADMINISTRATION IN REVIEWING THE FUTURE DIRECTION OF THE LEGAL AID SERVICES.

I HAVE LISTENED [TH CARE TO THE CONCERN EXPRESSED BY MR WONG AND OTHER MEMBERS ABOUT THE ADEQUACY OF THE LEGAL AID SERVICES PROVIDED BY THE GOVERNMENT. WHILE I CAN FULLY UNDERSTAND THEIR CONCERN, GIVEN THE HIGH COSTS OF PRIVATE LITIGATION, AND THEIR WISH TO SEE MORE FAMILIES BECOME FLIGIBLE FOR PUBLICLY FUNDED LEGAL AID, 1 MUST STRESS THAT IMPORTANT STRIDES HAVE BEEN MADE IN THE PAST YEAR IN EXPANDING THE PROVISION OF LEGAL AID SERVICES IN HONG KONG.

LAST OCTOBER, FOLLOWING THE COMMENCEMENT OF THE BILL OF RIGHTS, THE DUTY LAWYER SCHENE ADMINISTERED JOINTLY BY THE BAR ASSOCIATION AND THE LAW SOCIETY WAS EXPANDED TO PROVIDE FREE LEGAL REPRESENTATION TO NEEDY PERSONS CHARGED WITH CRIMINAL OFFENCES IN MAGISTRATES COURTS. THE EXPANSION OF THE DUTY LAWYER SCHENE HAS PROVED TO BE AN EFFICIENT AND COST-EFFECTIVE WAY OF MEETING OUR OBLIGATIONS UNDER THE BILL OF RIGHTS TO PROVIDE FREE LEGAL REPRESENTATION TO THOSE IN NEED IN MAGISTRATES COURTS. THE GOVERNMENT IS GRATEFUL TO THE LEGAL PROFESSION AND THE STAFF OF THE DUTY LAWYER SCHEME FOR THE MAGNIFICENT WAY IN WHICH THEY HAVE COPED WITH THIS COMMITMENT.

ANOTHER IMPORTANT DEVELOPMENT IS THE INPLEMENTATION, WITH EFFECT FROM TODAY, OF A NEW APPROACH TOWARDS TESTING THE MEANS OF APPLICANTS FOR LEGAL AID. UNDER THIS NEW APPROACH, THE UPPER LIMIT RELATING ΤΟ THE MEANS OF PERSONS APPLYING FOR LEGAL AID HAS BEEN INCREASED TO TOTAL DISPOSABLE FINANCIAL RESOURCES OF $120,000. THIS REPRESENTS A SUBSTANTIAL IMPROVEMENT OVER THE PREVIOUS REQUIREMENT THAT ΤΟ QUALIFY FOR THE PROVISION OF LEGAL AID, AN APPLICANT'S DISPOSABLE MONTHLY INCOME MUST NOT EXCEED $2,200 AND HIS DISPOSABLE CAPITAL MUST NOT EXCEED $15,000.

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