ENG-1979 — Page 315

CONSTITUTION AND ADMINISTRATION

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Subject to the means test, legal aid is mandatory in appeals in capital cases. But in other appeal cases, aid is granted only if the department's director considers that there are valid grounds for appeal. This policy, however, is operated with compassion.

Administration of the Legal Aid Schemes

The government is committed to an adequate legal aid system within its programme of social justice. In January, 1967, the Legal Aid Department comprised one professional officer assisted by five junior staff members. It occupied two small rooms in the old Supreme Court Building. Today, the establishment consists of 34 professional officers, 48 law clerks, two executive officers and the necessary supporting staff; in all, more than 200 people in offices of 2,865 square metres. Plans are proceeding to expand the legal aid schemes in the years ahead.

Over the years, tens of millions of dollars have been obtained through legal aid for people involved in civil cases. Most of these cases, which brought justice to aided people, would not have seen the light of day if it had not been for legal aid. Financial figures do not show, however, what legal aid has achieved in criminal cases. Many people acquitted in criminal trials and successful appellants in criminal appeals owe their freedom to its ready availa- bility.

Legal Assistance and Advice Schemes

Two new schemes offering free legal assistance and advice have been organised under the auspices of the Law Society of Hong Kong. Financed by government subvention at an estimated cost of more than $3 million a year, the schemes reflect the continued importance attached by the government to the availability of professional legal advice and representa- tion. The two schemes are managed on behalf of the Law Society by an executive com- mittee drawn from the legal profession and representing both the Law Society and the Bar Association.

The scheme which provides free legal assistance in the Magistrates' Courts began operat- ing in three magistracies at North Kowloon, San Po Kong and Causeway Bay in January, 1979. Legal representation is available for people charged with the offences of membership of a triad society, loitering, unlawful possession, going equipped for stealing, resisting arrest and possession of dangerous drugs.

In the first four months of the scheme, 1,450 defendants used the free legal representation service. Of the 473 'not guilty' pleas heard in the period, 231 or 48 per cent were acquitted. The scheme is in an experimental stage and it will be reviewed in 1980.

The free Legal Advice Scheme commenced at two City District Offices -751 Nathan Road, Mong Kok, and 884 King's Road, North Point -- in November, 1978. A panel of volunteer lawyers was drawn up and a total of eight lawyers now attend the two centres for one evening each week to offer free legal advice. The centres are catering to more than 100 clients a month and it is clear that there is an established and growing demand for this service. A third legal advice centre in the Wong Tai Sin City District Office began operating in November, 1979.

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