ENG-1983 — Page 350

CONSTITUTION AND ADMINISTRATION

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Throughout 1983, 242 unpaid volunteer lawyers drawn from the Bar, practising solicitors, and Commonwealth lawyers in government service - manned the Free Legal Advice Scheme. Up to 25 are deployed weekly at six evening bureaux in Eastern, Mong Kok, Wong Tai Sin, Wan Chai, Tsuen Wan, and Sha Tin District Offices. Plans advanced during the year to open two further centres, at Yau Ma Tei and Kwun Tong, in April 1984. Some 110 referral agencies - both voluntary and government – interview the prospective applicants for free legal advice, and forward details of the legal problem to the advising lawyer so that research may be undertaken before the appointment between applicant and lawyer. No applicant waits longer than 10 days before being seen despite the fact that all bureaux are running at capacity levels. A measure of filtering has been introduced to ensure that lawyers advise only those who are unable to afford to employ solicitors.

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During the latter part of 1983, the Free Legal Advice Scheme introduced "Tel-Law' by which legal information on two-and-a-half minute tapes, for each of the 20 topics covered, is available on five telephone lines. The object is to inform and educate rather than answer specific legal problems; but it is hoped that people will be able to identify any legal problems they might have, and then seek legal advice through the evening bureaux.

The Duty Lawyer Scheme, which comprises 281 lawyers - solicitors and barristers - provided free legal representation for 14 400 defendants in 1983 at the eight Magistracies and Juvenile Courts. The final two Magistracies, at Fanling and Kwun Tong, together with the Juvenile Courts, were absorbed into the scheme in April. The scheme covers nine scheduled offences in the Magistracies: membership 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; it also covers all serious offences in Juvenile Courts. Free legal representation - with no means test - was extended to defendants in extradition proceed- ings during the year.

While a high acquittal rate remains a feature of the scheme, the principal purpose is still the proper protection of each defendant's interest in both guilty and not guilty plea cases. This is particularly important where the language of the courts is not the mother tongue of the defendant; and where English law and criminal procedure is either unknown or only improperly understood. The work of the 21 court liaison officers, who have to obtain rapidly, the confidence of each defendant, is an essential part of the process.

In May, the Attorney General invested the scheme with the function of providing free legal representation to appellants to the Administrative Appeals Rules Committee of the Executive Council. In an appeal by 22 hawkers against the refusal by the Urban Services Department to issue licences, 18 accepted legal representation by the scheme and 17 of them succeeded in their appeals.

Foreign Relations

Hong Kong's status as a dependent territory means that the British Government has constitutional responsibility for its external relations. But over the years Hong Kong has been given an increasing degree of practical autonomy in the conduct of its external affairs, especially commercial affairs.

In the political field, there is a small office in the Secretariat, that of the Political Adviser, staffed by three members of the British Diplomatic Service on loan to the Hong Kong Government. They deal with a range of foreign affairs problems, offering advice to departments of the Hong Kong Government dealing with subjects which have an external