ENG-1981 — Page 337

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CONSTITUTION AND ADMINISTRATION

Appointments for applicants have been given about seven days in advance through some 80 government and private referral agencies spread throughout the territory. All bureaux have been fully utilised, with 90 people each week being seen and advised by the lawyers.

The Legal Assistance Scheme, now commonly referred to as the 'Duty Lawyer' Scheme, has provided legal representation at magistracies situated in Causeway Bay, South Kowloon, North Kowloon, San Po Kong, and Tsuen Wan, the latter being added to the scheme in April. The Government is committed to a steady expansion of this scheme to cover all eight magistracies, and plans are well advanced to include Western Magistracy in April 1982.

Some 144 lawyers - barristers and solicitors in private practise - retained on a roster basis, have represented defendants charged with being members of a triad society, loitering, unlawful possession, being equipped for stealing, resisting arrest, possession of dangerous drugs, possession of apparatus fit for using dangerous drugs, drug trafficking, and possession of offensive weapons. The latter three offences were included in the scheme from February, and resulted in a substantial increase in the number of cases undertaken. In contrast to 1980 when representation was provided in 4 979 cases, this year 6 441 cases have attracted representation and there has been a significant acquittal rate.

Both schemes reflect the willing partnership of the government and the legal profession to provide legal advice, and for certain criminal cases legal representation, to those who otherwise would have no access to a lawyer, and little understanding of the law or the English legal system. The Free Legal Advice Scheme is meeting a growing need to inform people of the state of the law, in addition to legal solutions and remedies in civil law matters; the 'Duty Lawyer' Scheme is valuable in that it provides without charge a lawyer to explain the nature of the crime allegedly committed, advise on plea, defend or mitigate in circumstances where, before the introduction of the scheme in 1979, defendants frequently pleaded guilty without offering mitigation, and with an improper understanding of the likely consequences.