XN000022-1994-07-21 — Page 10

THURSDAY, JULY 21, 1994

LEGAL AID POLICY REVIEW REPORT PUBLISHED

THE GOVERNOR-IN-COUNCIL HAS APPROVED ALL THE 25 RECOMMENDATIONS IN THE REPORT ON LEGAL AID POLICY REVIEW COMPILED BY AN INTERDEPARTMENTAL WORKING GROUP RECONVENED IN DECEMBER LAST YEAR, THE DEPUTY DIRECTOR OF ADMINISTRATION AND CHAIRMAN OF THE WORKING GROUP, MR ALAN LAI, TOLD A PRESS CONFERENCE THIS (THURSDAY) AFTERNOON.

ALSO PRESENT AT THE PRESS CONFERENCE WERE THE DIRECTOR OF LEGAL AID, LADY CHEUNG, AND THE ASSISTANT DIRECTOR OF ADMINISTRATION, MISS ANNIE TAM,

AN

MR. LAI ANNOUNCED THAT THE GOVERNMENT WOULD SET UP INDEPENDENT LEGAL AID SERVICES COUNCIL (LASC) BY STATUTE, WITH

THE LEGAL AID DEPARTMENT (LAD) AND DUTY LAWYER SERVICE (DLS) ACTING AS ITS EXECUTIVE AGENTS FOR THE PROVISION OF LEGAL AID SERVICES.

THE LASC WILL MONITOR THE GENERAL PERFORMANCE OF THE LAD AND THE DUS, AND ADVISE THE GOVERNMENT ON LEGAL AID POLICY AND FUNDING REQUIREMENTS.

THE LASC WILL BE CHAIRED BY A NON-OFFICIAL WHO IS INDEPENDENT OF BOTH THE GOVERNMENT AND THE LEGAL PROFESSION, AND COMPRISE FOUR LAWYERS AND FOUR DISTINGUISHED LAY MEMBERS, IN ADDITION ΤΟ THE DIRECTOR OF LEGAL AID (DLA) AND THE ADMINISTRATOR OF THE DLS, MR LAI SAID.

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THE PROPOSED LASC WILL GO A LONG WAY TOWARDS ENHANCING THE INDEPENDENCE OF LEGAL AID ADMINISTRATION. IT WILL PROVIDE GREATER OPPORTUNITY FOR PUBLIC PARTICIPATION IN THE ADMINISTRATION OF LEGAL AID AND POLICY FORMULATION AND IN THE MONITORING OF ITS COST- EFFECTIVENESS, AND WOULD THEREBY ENHANCE THE TRANSPARENCY AND ACCOUNTABILITY OF LEGAL AID ADMINISTRATION.

HAD

MR LAI SAID HE WAS AWARE THAT A CERTAIN SECTOR OF THE COMMUNITY URGED FOR GREATER INDEPENDENCE OF LEGAL AID ADMINISTRATION BY ESTABLISHING A NON-GOVERNMENT AUTHORITY FOR THE DAY-TO-DAY ADMINISTRATION OF PUBLICLY-FUNDED LEGAL AID SERVICES. THIS WOULD INVOLVE THE DIS-ESTABLISHMENT OF THE LAD.

HE DID NOT RULE OUT THIS POSSIBILITY. HOWEVER, BECAUSE OF ITS FAR-REACHING IMPLICATIONS, THE SUBJECT SHOULD BE EXAMINED IN GREATER

DETAIL.

HE SAID: "THE LASC WILL BE ASKED TO EXPLORE THE FEASIBILITY AND DESIRABILITY OF ESTABLISHING A NON-GOVERNMENT AUTHORITY FOR THE DAY- TO-DAY ADMINISTRATION OF ALL PUBLICLY-FUNDED LEGAL AID SERVICES ADMINISTERED BY THE LAD AND THE DLS.

**

IN RESPECT OF SUGGESTIONS TO IMPROVE THE ACCESSIBILITY OF LEGAL AID, INCLUDING IN BILL OF RIGHTS (BOR) CASES, A LEGISLATIVE AMENDMENT WILL BE MADE TO EXTEND THE DLA'S PRESENT DISCRETIONARY POWER TO WAIVE THE MEANS TEST IN CRIMINAL CASES TO MERITORIOUS BOR CASES.

"ALL BOR CASES ARE ALREADY COVERED BY THE EXISTING SCOPE OF LEGAL AID. THERE IS THEREFORE NO NEED TO SET UP ANY SPECIAL LEGAL AID SCHEME FOR BOR CASES, MR LAI SAID.

**

/THE RECONVENED

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