ENG-1978 — Page 330

CONSTITUTION AND ADMINISTRATION

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In addition legal aid can be applied for in cases of: Appeals from the High Court to the Court of Appeal. Subject to the means test, legal aid is mandatory in appeals in capital cases; but in other cases is only granted if the Director of Legal Aid considers there are reasonable, valid grounds for appeal.

Appeals by accused persons convicted and sentenced in the District Court. Appeals by persons convicted and sentenced in the Magistrates' Courts. These appeals are heard by a High Court Judge sitting alone.

Administration of the Legal Aid Schemes

When the present civil legal aid scheme was introduced in 1967, it was thought that the Legal Aid Department would restrict its operations to administering the scheme, with particular reference to financial matters. It was decided that the processing of applica- tions for legal aid would be undertaken by lawyers in private practice and that sub- sequent litigation would be conducted by them. But it became evident that there was an insufficient number of lawyers in private practice to cope with the volume of work generated. In 1968, it was found necessary to create a processing section within the department and subsequently a litigation section in 1972. Both sections have grown considerably; the litigation section now handles more than 60 per cent of legal aid

cases.

The Legal Aid Department carries out the solicitor's side of the work in such cases, but briefs barristers in all cases where it would be normal to employ a member or members of the Bar. Professional officers of the department appear as advocates in those civil cases where solicitors normally have a right of audience. In essence, the Legal Aid Department approximates to a large firm of solicitors; it handles a signi- ficant criminal caseload and is the largest civil litigation unit in the Far East.

It is the policy of the department that the legal aid schemes should be operated on the basis of partnership with the legal profession. Over the years, legal practitioners have generously given their time to aided people at fees which are smaller than those earned in private cases.

In January, 1978, the department opened a branch office in Mong Kok for the convenience of applicants who live in Kowloon and the New Territories. This branch office has been particularly popular and successful. During its first seven months, it received 2,541 applications for aid.

The continuing expansion in jurisdiction and in sophisticated caseload has led to a considerable increase in every aspect of the department's operations. In January, 1967, the department comprised one professional officer and five junior staff, occupy- ing two small rooms in the old Supreme Court building. In 1978, it consisted of 32 professional officers, 48 law clerks, two executive officers and necessary supporting staff; in all 189 officers in offices of 2,866 square metres.

During the 1977–8 financial year, a sum of $20.3 million was obtained through legal aid for people involved in civil cases. Most of these cases, which brought justice to aided people, would never have seen the light of day if it had not been for the civil legal aid scheme. However these figures do not reveal fully what legal aid has achieved. Many people acquitted in criminal trials and successful appellants in criminal appeals owe their freedom to the availability in Hong Kong of legal aid and the quality of legal representation.

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