ENG-1976 — Page 312

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CONSTITUTION AND ADMINISTRATION

Legal aid consists of professional legal representation either free of charge to the applicant or on payment to the Legal Aid Department of a relatively small contribu- tion towards legal costs. The representation is by professional lawyers employed in the litigation unit of the Legal Aid Department, or by solicitors and barristers in private practice whose legal fees are paid by the department. In the event of a legally aided person losing a civil case, the Legal Aid Department will normally pay not only the costs of the aided person but also the legal costs that the aided person might otherwise have to pay the successful party.

In criminal cases, although the Legal Aid Department's professional officers frequently act as instructing solicitor for an accused person or appellant, the advocacy work in court is done by legal practitioners in private practice. For civil cases, barris- ters are instructed and briefed wherever and whenever it is the normal legal practice to do so.

The proper functioning of the legal aid schemes depends on the closest co- operation between the Legal Aid Department, the Bar Association and the Law Society of Hong Kong. A large number of solicitors in private practice have now joined the various legal aid panels and virtually all members of the Hong Kong Bar (including Queen's Counsel) are prepared to take on both civil and criminal legal aid

cases.

In 1976 the department reviewed the legal aid system with a view to extending legal aid to all criminal cases tried in the District Court and to raising the means test in order to make the legal aid scheme embrace a larger proportion of the community. In addition, the department made plans to open a branch office in Kowloon.

Urban Council

The Urban Council is a body corporate with its own ordinance. It is responsible for managing its own finances and is the only body participating in the business of government in Hong Kong to consist solely of members of the public. There are 24 members on the council-12 appointed by the Governor and 12 elected. The term of office of both appointed and elected members is four years, but a member may be re-appointed or re-elected for further terms. The chairman is elected by the council and can be an elected member, an appointed member, or any person who is not a member but has agreed to accept election to such office. The vice-chairman is elected from among the 24 members of the council.

The Urban Council's responsibilities are restricted to Hong Kong Island, Kowloon, and New Kowloon, which together have a population of about 3.4 million. The council's main duties are: public sanitation and cleansing; the licensing and hygienic control of all food premises, offensive trades, bathhouses, and laundries; and the management and control of markets, abattoirs, hawkers, cemeteries, crema- toria and funeral parlours. Other duties include: control and management of the City Hall, museums, and football stadia; provision and management of public libraries and places of public recreation such as bathing beaches, swimming pools, tennis