TNAG-1364-FCO40-1810-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1986 — Page 117

Supplementary to question No. 11

the LegCo Meeting on 4.12.85

!

Mr. Tai Chin-wah : Sir, Could the Attonery General inform this Council whether to

provide direct financial assistance in divorce proceedings would amount to a breach

of public policy in view of the fact that legal aid is not available for divorce

UK?

proceedings in the UK.

both for

Attonery General: Sir, I think I must differ with my friend on the question of

whether legal aid is available for divorce proceedings in the UK. I understand that

it is available for all contested cases both divorce and for disputes on anxiliary

matters and it also available for uncontested cases although in that event it probably

covers no more than the proprietary advice since many uncontested divorces

are no

longer heard orally in court. So I would say in answer to the first part of the

question, yes, it is right that legal aid should be available in divorce, Important

at rights are stake. There should not be an access to the court for those who are rich

but not for those who are poor Justice requires that all families when there is a

marital breakdown, have their various rights and obligations fairly dealt with.

AL

Mr. Peter C. Wong: Sir, may I ask the attonery General whether the Government is

prepared to set up counselling services for people with extra-marital problems?

Attonery General : Sir, I would find it difficult to say that public policy so

required. (laughter)