ENG-1985 — Page 54

CONSTITUTION AND ADMINISTRATION

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heard in the Magistrates' Courts; and more recently, the Tel-Law Scheme in which taped messages containing legal information on a large number of topics are made available to the public by phone. The administration of the schemes is through a management committee in which the Bar Association is represented by a number of nominees and the work is funded by the government which provided a subvention of $15.757 million in the 1985-6 financial year.

The Duty Lawyer Scheme makes available 461 remunerated lawyers (barristers and solicitors) by roster and assignment in the eight magistracies and four Juvenile Courts. Offences covered in Magistrates' Courts are: 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, possession of dangerous drugs for unlawful trafficking, and possession of offensive weapons. In the juvenile courts all except minor offences attract free legal representation. There is no means test. During the year, some 18 334 defendants facing 29 335 charges received preliminary legal advice, and representation at trial, with a significant acquittal rate.

The Free Legal Advice Scheme operates in the evening, at centres in Sha Tin, Tsuen Wan, Wan Chai, Eastern, Mong Kok, Wong Tai Sin, Kwun Tong and Yau Ma Tei District Offices through 322 volunteer lawyers, 24 of whom are deployed weekly. Some 3 500 people are advised annually, having been referred through 120 agencies. Once the problem is identified appointments are given within seven days, and, because details of the problems are written down by the staff of the agencies during their interviews with clients, the lawyers are able to give authoritative advice based on the necessary research done before the meeting. People are assisted on matrimonial and employment matters, landlord and tenant queries, and a host of other subjects.

The Tel-Law Project was launched in March 1984 with 26 tapes of 24 minutes duration available through 10 manned telephone lines in working hours and evenings. The original tapes give information in four core areas - matrimonial, landlord and tenant, criminal, and financial law. Later, a further 24 tapes were added on other topics - such as gambling, wills, noise, and conveyancing. The project, despite limited running hours, has proved to be extremely popular; more than 50 000 calls were taken in the first nine months, and answered calls in 1985 averaged more than 4 500 monthly, with a high proportion of repeat users.

Law Reform Commission

The Law Reform Commission was appointed by the Governor in Council to consider and report on such topics as may be referred to it by the Attorney General or Chief Justice. Its membership includes Legislative Councillors, academic and practising lawyers, and prominent members of the community. The commission's proposals on commercial arbitration, bills of exchange, community service orders and contribution between wrong- doers have been enacted. The report on damages for personal injuries and death is in the course of implementation. Reports on aspects of insurance law and the admissibility of confession statements have been published and will shortly be followed by a report on contempt of court. The commission is considering hearsay evidence in civil proceedings, the legal effects of age, breach of confidence actions, unfair contract terms, coroners, wills and intestate succession, the law relating to bail, and the law of international arbitration.