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Legal Aid

CONSTITUTION AND ADMINISTRATION

The development of the legal aid system in Hong Kong indicates the importance the government places on the promotion of social justice.

A legal aid scheme for civil cases in its present form was introduced on January 12, 1967, with legal aid for criminal cases in its present form coming into operation on January 1, 1970.

Since that time, both schemes have expanded greatly in jurisdiction and caseload. During 1978 another step forward was taken when legal aid for District Court criminal cases was further extended to cover all offences tried in that court.

Legal aid is financed by the government out of general revenue and is subject to a means test. The means test for legal aid is a maximum disposable income of $1,000 per month for civil cases and $1,500 per month for criminal cases with a maximum disposable capital of $10,000 for both civil and criminal cases. In practice, however, applicants with real incomes of more than $3,000 per month and capital assets of as much as $70,000 can, and do, qualify for legal aid owing to the application of a system of 'allowances' which are deducted from their actual earnings and/or capital. Contributions towards costs by people who obtain legal aid are normally paid in instalments. Many people are eligible for free legal aid.

Civil Legal Aid Scheme

In order to qualify for legal aid in a civil case, an applicant must show that he has a prima-facie case based on tenable evidence or, if he is a defendant in the proceedings, that he has a reasonable defence.

Cases for which legal aid is available extend across most civil actions including traffic accident claims, landlord and tenant proceedings and every branch of family law ranging from divorce, separation, maintenance and custody to wardship. Claims in respect of industrial accidents and workmen's compensation as well as admiralty, bankruptcy and company winding-up proceedings are also covered. In practical terms, the only common type of proceedings excluded are actions for defamation (as in the United Kingdom). To ensure that civil legal aid cases are handled efficiently and expeditiously, a task force has been formed within the Legal Aid Department com- prising 10 professional officers, 19 law clerks and junior staff to handle all complex and time-consuming cases from start to finish.

Criminal Legal Aid Scheme

During 1978, legal aid was extended to cover all District Court criminal cases. Pre- viously, since 1973, legal aid for criminal cases in the District Court had covered most charges, benefiting about three-quarters of accused people.

Legal aid is also available to accused people tried in the High Court. The policy for High Court and District Court trials is that, subject to the means test, all accused people are granted aid owing to the seriousness of the charges and the potential gravity of the sentences. Legal aid is also granted to those who wish to plead guilty and only require pleas in mitigation of sentence.