XN000022-1995-07-26 — Page 22

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Legal Aid in Criminal Cases (Amendment) Rules

Following is the speech by the Chief Secretary, the Hon Anson Chan, in moving the Legal Aid in Criminal Cases (Amendment) (No.2) Rules 1995 in the Legislative Council today (Wednesday):

Mr President,

I move the motion standing in my name on the Order Paper.

On 11 January, the Administration issued to Members a LegCo Brief on the legal aid legislation. Members were informed that the Governor in Council had agreed that the Legal Aid in Criminal Cases (Amendment) (No.2) Rules 1995 should be made by the Chief Justice after the Legal Aid (Amendment) Bill 1995 had passed into law. Subsequently, the Bill was passed by this Council on 14 June and received the assent of the Governor on 15 June, and the Chief Justice made the Legal Aid in Criminal Cases (Amendment) (No.2) Rules 1995 on 10 July.

As explained in the LegCo Brief we issued to Members on 11 January, the Legal Aid in Criminal Cases (No.2) Rules 1995 apply to the provision of criminal legal aid by the Legal Aid Department at the District Court level and above. These provide that the Director of Legal Aid may charge the new contribution rates as recommended by the Working Group which conducted a comprehensive legal aid policy review between February 1992 and July 1994, and they also clarify the effect of the issue of a legal aid certificate. These Rules were put to the Bills Committee to study the Legal Aid (Amendment) Bill 1995 and have had the support of the Members of the Bills Committee.

In accordance with sections 9 and 9A of the Criminal Procedure Ordinance, the Chief Justice has made the Legal Aid in Criminal Cases (Amendment) (No.2) Rules 1995. These Rules now require the approval of this Council by resolution.

Mr President, I beg to move.

End/Wednesday, July 26, 1995