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CONSTITUTION AND ADMINISTRATION

People wishing to apply for legal aid can make their applications at the department's headquarters in Des Voeux Road, Central District, or at the Kowloon Branch Office in Nathan Road, Mong Kok. Their cases are processed by full-time legal aid officers. When all the evidence has been gathered and the relevant law is applied, a decision is made about whether to grant or refuse legal aid. If aid is refused, the applicant has a right of appeal to the Registrar of the Supreme Court.

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, often for fees which are smaller than those earned in private cases.

Civil Legal Aid Scheme

Legal aid in civil cases is provided by the Legal Aid Department if an applicant can show he has a prima facie case based on tenable evidence or, if he is a defendant in the proceed- ings, that he has a valid defence. There is no fee required for making an application for legal aid.

When aid is granted, the aided person is required to make a small contribution towards the cost of his case, depending on his assets. In cases of hardship, contributions can be paid by 12 or more instalments. If aided people are successful in their litigation (about 93 per cent are) and costs are obtained from their opponents, then all contributions are repaid to them.

After legal aid is granted, the case may be sent to the department's Litigation Unit for conduct up to finalisation. In these cases, the department's professional officers essentially play the role of solicitors; the Bar is briefed in cases where it would be normal to brief a barrister in private practice. Cases of particular complexity, importance or urgency are referred to a specialist section of the Litigation Unit known as the 'task force'.

Other cases may be assigned to solicitors in private practice. These solicitors generally conduct cases tried in the District Court. In the High Court and in the Court of Appeal, they brief the Bar in the ordinary way. Appropriate fees are paid to them by the Legal Aid Department.

The types of cases for which legal aid is available extend across a wide range of civil actions. They include traffic accident claims, landlord and tenant cases, claims in respect of industrial accidents and workmen's compensation, and every branch of family law ranging from divorce, separation, maintenance and custody to wardship. Cases such as admiralty, bankruptcy and company winding-up proceedings are also covered; the majority of these cases are of social importance because they deal with employees' wages and severance pay.

Criminal Legal Aid Scheme

Jurisdiction for aid by the Legal Aid Department in criminal cases covers the District Court, the High Court and the Court of Appeal (including appeals heard from the Magistrates' Courts to the High Court).

While there is a means test for criminal legal aid, as in civil legal aid, only a small number of applications for aid have been refused. 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 granted even to accused people who wish to plead guilty and only require pleas in mitigation of

sentence.