ENG-1977 — Page 297

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Legal Representation

CONSTITUTION AND ADMINISTRATION

Legally-aided persons are represented by solicitors and barristers in private practice, or by departmental lawyers who brief barristers in private practice for advocacy work in civil cases wherever it is normal practice for barristers to appear. Barristers in private practice are briefed in all criminal cases.

The Cost of Legal Aid

Aided persons with an annual disposable income and disposable capital not exceed- ing $4,000 and $3,000 respectively receive legal representation free of charge. Those with higher disposable income and disposable capital pay graduated contributions towards their legal costs, usually by monthly instalments. In civil cases, these con- tributions are often refunded if the aided person wins and the department can recover costs from the losing side.

Fees of barristers and solicitors in private practice who act in legal aid cases are paid by the Legal Aid Department. The total approved expenditure for the financial year 1977-8 is $4.2 million for civil cases and $2.8 million for criminal cases.

The Benefits of Legal Aid

Civil legal aid is essential so that people who cannot afford the high cost of litigation in Hong Kong have access to the courts and can meet the opposing party there on equal terms.

It enables people to appreciate the advantages of using the established judicial system and it reduces the chances of people taking the law into their own hands.

In many instances, it ensures, for example, that women whose marriages have broken up receive from their husbands financial support for themselves and their children, and that accident victims are compensated.

In criminal cases involving the possibility of heavy sentences, it is clearly in the interests of justice that defendants and appellants are legally represented. It also is of considerable assistance to the court.

On June 1, 1977, the means test limits for civil legal aid were raised to their present levels. As a result, an increase in the number of applications for aid is expected. Additional professional posts have recently been approved to cope with this increase, to provide a task force to deal with the most urgent and complex cases of the Litiga- tion Section, and to act as a leave reserve. Law clerks and other supporting staff also will be recruited in the near future.

A branch office of the department will soon be opened in the Mong Kok district of Kowloon.

Following the expansion and improvement of legal aid services in 1977, about 67 per cent of the total population of more than 4.5 million now come within the scope of the legal aid schemes.