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Criminal Procedure Ordinance
Following is the speech by the Chief Secretary, the Hon Mrs Anson Chan, in moving the resolution regarding legal aid in Criminal Cases (Amendment) Rules 1995 in the Legislative Council today (Wednesday):
Mr President,
I move the resolution standing in my name on the Order Paper.
A scale of maximum fees payable to lawyers in private practice who are engaged by the Director of Legal Aid in criminal cases is set out in Rule 21(1) of the Legal Aid in Criminal Cases Rules under the Criminal Procedure Ordinance. Under section 9A of that Ordinance, these Rules are made by the Chief Justice and approved by this Council.
At the Finance Committee meeting on 16 October 1992, Members approved a two-phase increase, to take place on 1 November 1992 and 1 April 1994, in the fees prescribed in Rule 21(1) of the Legal Aid in Criminal Cases Rules. Members also agreed that the fees prescribed in the Rule 21(1) should be reviewed biennially in future and that the Secretary for the Treasury should be delegated the authority to approve future revisions of the fees provided that the increases were no greater than inflation as measured by Hang Seng Consumer Price Index.
Accordingly, the Administration conducted a review of the fees in 1994. We concluded that the fees should be increased by 20.34% to reflect the level of inflation since the present fees were last reviewed in April 1992. The increased fees were approved by the Secretary for the Treasury under the authority delegated to him by the Finance Committee, for implementation on 1 April this year.
The Chief Justice has made the Legal Aid in Criminal Cases (Amendment) Rules 1995, in order to bring the increased fees into operation on 1 April. In accordance with section 9A of the Criminal Procedure Ordinance, the Rules now require the approval of this Council by Resolution.
Mr President, I beg to move.
End/Wednesday, March 29, 1995
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