ENG-1980 — Page 333

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CONSTITUTION AND ADMINISTRATION

Since July, 1980, the department has been operating a mobile unit to provide residents in the New Territories with on-the-spot advice and assistance in processing their legal aid applications. Travelling in a specially-equipped van, teams of lawyers and law clerks from the department go out each working day to a variety of locations, which they visit accord- ing to a regular schedule. The new service has been particularly welcomed by elderly applicants and accident victims, who would otherwise find the journey to the department's offices difficult and tiring. It also benefits workers, who no longer need to take a day off work and travel long distances to seek aid.

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 what legal aid has achieved in criminal cases, however, many people acquitted in criminal trials and successful appellants in criminal appeals owe their freedom to its ready availability.

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Legal Advice and Assistance Schemes

Two schemes are now in their second year of operation. Organised under the auspices of the Law Society, and financed by government subvention, they are administered by an executive committee drawn from the legal profession and representing both the Law Society and the Bar Association.

The Legal Assistance Scheme provides free legal representation in the Magistrates' Courts for people charged with any of the following offences: membership of a triad society, loitering, unlawful possession, going equipped for stealing, resisting arrest and possession of dangerous drugs. It began operation in 1979 on an experimental basis at three of the eight magistracies, and was extended to a fourth in 1980. The four magistracies are North Kowloon, San Po Kong, Causeway Bay and South Kowloon. Last year, legal representation was provided under the scheme in 4,398 cases and this year the figure rose to 4,979.

The government is committed to a steady expansion of the scheme, and has agreed in principle to its extension to all eight magistracies.

The free Legal Advice Scheme commenced at two city district offices Eastern and Mong Kok - in November, 1978, and was extended to Wong Tai Sin one year later. In its first 12 months of operation, 1,660 people applied for legal advice through some eight referral agencies. In May, 1980, two further centres were established at Wan Chai and Tsuen Wan.

The scheme is presently manned by 150 volunteer lawyers - drawn from the Bar, local practising solicitors and government service of whom 17 are available for consultation. each week at the five centres. They handle an average of 250 cases each month.