ENG-1986 — Page 60

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CONSTITUTION AND ADMINISTRATION

by the Court of Appeal or, in relation to appeal to the Judicial Committee of the Privy Council, by a committee of review.

The total estimated expenditure in 1986–7 is $24 million in criminal cases. In all, 3 720 applications were received for legal aid in criminal cases, and 2 040 were granted.

If a person is granted legal aid, the Director of Legal Aid will assign the matter either to a private solicitor, and a barrister where necessary, or to one of his own professional officers. To this end, the department maintains its own litigation section specialising in personal injuries litigation, workers wage claims and family law.

In August 1986, the Headquarters of the Legal Aid Department moved to new premises at Queensway Government Offices. The new building is adjacent to the Supreme Court building, and is much more conveniently located so far as access to the courts and to the registries is concerned.

Supplementary Legal Aid Scheme

The Supplementary Legal Aid Scheme provides legal assistance to those persons in the 'sandwich' class whose means place them outside the financial limits for legal aid but are not sufficient to meet the high cost of conducting litigation on a private basis. This scheme, introduced in October 1984, is limited to claims in the High Court for damages for personal injuries or death. The scheme is administered by the Director of Legal Aid.

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Under this scheme, applicants may be granted legal aid if their gross income does not exceed $15,000 per month and their total assets, excluding the value of an owner-occupied residence and other allowances, do not exceed $100,000. The scheme is financed by a fund established by a loan from the Government Lotteries Fund, and it is a condition of being granted legal aid under this scheme that applicants agree to make a contribution of a percentage of any damages recovered for them, such percentage depending on the amount recovered and whether or not the case is settled prior to the trial of the action. This percentage ranges from 10 per cent to 12.5 per cent.

The total estimated expenditure in 1986-7 was $200,000. During that period 86 applications were received of which 36 were granted.

Legal Advice and Duty Lawyer Schemes

In conjunction with the Bar Association which provides a number of representatives for the executive committee, the Law Society has administered, since 1978, three schemes to provide free legal representation, legal advice, and legal information for people in Hong Kong. Government funds these schemes by subvention which amounted to $17,184,000 in the 1986–7 financial year.

The Duty Lawyer Scheme operates in the eight magistracies and four juvenile courts, and utilises the services of 500 lawyers (barristers and solicitors) through roster and assignment, to provide free legal representation to defendants in criminal cases charged with certain offences. In the Magistrates' Courts these are: membership of a triad society, loitering, unlawful possession, being equipped for stealing, resisting arrest, possession of dangerous drugs for unlawful trafficking, possession of dangerous drugs, possession of apparatus fit for using dangerous drugs and possession of offensive weapons. Additionally, free legal representation is available for extradition proceedings, and in discretionary circumstances, although such cases are necessarily limited in number in view of the overall resources. All but the least serious offences attract free legal representation in Juvenile Courts. There is no means test. During the year, a total of 15 332 adults and juveniles, who faced some 24 779 charges, received advice, and representation at trial.

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