TNAG-0684-FCO40-833-Representations-about-Mr-Christopher-Clements-facing-murder--1977 — Page 64

WEDNESDAY, MAY 25, 1977

INCREASE IN MEANS TEST LIMITS FOR LEGAL AID

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THE EXECUTIVE COUNCIL YESTERDAY (TUESDAY) APPROVED AMENDMENTS TO THE LEGAL AID (ASSESSMENT OF CONTRIBUTIONS) REGULATIONS, WHICH PRESCRIBE THE METHOD OF ASSESSING THE DISPOSABLE INCOME AND. CAPITAL OF APPLICANTS FOR AID AND THE CONTRIBUTIONS THAT THEY WILL BE LIABLE TO PAY TO THE LEGAL AID DEPARTMENT, DEPENDING ON THEIR FINANCIAL RESOURCES.

THIS FOLLOWS A RESOLUTION THAT WAS PASSED BY THE LEGISLATIVE COUNCIL RECENTLY INCREASING THE MEANS TEST LIMITS FOR APPLICANTS FOR LEGAL AID FOR CIVIL (NON-CRIMINAL) CASES.

THE NEW LIMITS AND THE AMENDMENTS TO THE ASSESSMENT OF CONTRIBUTIONS REGULATIONS WILL BOTH COME INTO EFFECT NEXT WEDNESDAY (JUNE 1).

PERSONS WITH A MAXIMUM DISPOSABLE INCOME OF $1,000 PER MONTH AND A DISPOSABLE CAPITAL NOT EXCEEDING $10,000 WILL BE FINANCIALLY ELIGIBLE FOR LEGAL AID UNDER THE NEW LIMITS. UNTIL NOW, THE LIMITS HAVE BEEN $700 MONTHLY DISPOSABLE INCOME AND $4,000 DISPOSAL CAPITAL.

A LEGAL AID DEPARTMENT SPOKESMAN EXPLAINED THIS MEANT MORE PEOPLE WOULD BE FINANCIALLY ELIGIBLE FOR LEGAL AID SO THAT ABOUT TWO-THIRDS OF THE POPULATION OF HONG KONG WOULD COME WITHIN THE SCOPE OF THE SCHEME.

HE ALSO EMPHASISED THAT IN ASSESSING THE DISPOSABLE INCOME AND CAPITAL OF APPLICANTS FOR AID VARIOUS ALLOWANCES WERE MADE IN ACCORDANCE WITH THE RELEVANT LEGAL AID LEGISLATION, SO THAT PEOPLE WITH REAL MONTHLY INCOMES MUCH IN EXCESS OF $1,000 OR WITH REAL CAPITAL ASSETS OF OVER $10,000 MIGHT BE FINANCIALLY ELIGIBLE FOR LEGAL AID.

FURTHERMORE, THE SPOKESMAN EXPLAINED THAT WITH THE AMENDMENTS TO THE ASSESSMENT OF CONTRIBUTIONS REGULATIONS MANY OF THE LESS WELL-OFF AIDED PERSONS WHO WOULD OTHERWISE HAVE BEEN REQUIRED TO PAY GRADUATED CONTRIBUTIONS TO THE LEGAL AID DEPARTMENT WILL PAY EITHER NO CONTRIBUTIONS AT ALL OR SMALLER CONTRIBUTIONS.

FOR EXAMPLE, AT PRESENT A LEGALLY-AIDED PERSON WITH A MONTHLY DISPOSABLE INCOME OF $500 AND A DISPOSABLE CAPITAL OF $3,000 HAVE TO PAY CONTRIBUTIONS TOTALLING $1,440 ($840 IN RESPECT OF INCOME AND $600 OUT OF HIS DISPOSABLE CAPITAL).

AFTER JUNE 1, HE WILL NOT HAVE TO PAY ANY CONTRIBUTION AT ALL.

THE SPOKESMAN SAID THAT IN ORDER TO AVOID FINANCIAL HARDSHIP TO THOSE LEALLY AIDED PERSONS WHO WERE REQUIRED TO PAY PRESCRIBED CONTRIBUTIONS, THE DEPARTMENT WOULD NORMALLY ALLOW THESE TO BE PAID BY INSTALMENTS SPREAD OVER A PERIOD OF TIME.

/HT ADDED