ENG-1989 — Page 64

THE LEGAL SYSTEM

for legal aid in matrimonial cases may have counselling with a view to reconciliation or conciliation. This scheme, funded by the Royal Hong Kong Jockey Club, is in operation in the Legal Aid Department's Kowloon branch office.

In October 1984, the Supplementary Legal Aid Scheme was established to provide legal assistance to those persons whose resources exceeded the financial limits under the existing civil aid scheme, but were not sufficient to meet the high costs of conducting litigation on a private basis. This scheme is available for claims in the High Court and for certain claims in the District Court for damages for death and personal injuries.

In place of the limit of financial eligibility under the existing civil aid criteria, the supplementary scheme enables an applicant with a gross monthly income not exceeding $15,000 and disposable assets not exceeding $100,000 to apply. A successful litigant under the supplementary scheme pays back a proportion of the damages he recovers into the scheme's fund to assist litigants in future litigation. This scheme was initially funded with an interest-bearing loan from the Government Lotteries Fund and is administered by the Director of Legal Aid. The percentage deducted from damages ranges from 10 per cent to 12.5 per cent depending on the amount recovered and on whether the case is settled prior to the trial of the action.

The total estimated expenditure in 1989–90 was $2 million. During 1989, 131 applica- tions were received of which 64 were granted.

Legal Aid in Criminal Cases

Legal aid as provided by the Legal Aid Department is also available for criminal proceedings in the District Courts, High Court, Court of Appeal and the Judicial Committee of the Privy Council, for representation at proceedings in the Magistrates' Courts where the prosecution is seeking committal of a defendant to the High Court for trial and for assistance in preparing petitions for clemency to the Governor in Council. The majority of accused persons in proceedings in these courts are legally-aided.

For High Court criminal trials, legal aid is invariably given, subject to financial eligibility, because of the costs involved, the severity of the charge and the gravity of possible sentence. Legal aid can also be given to conduct pleas in mitigation of sentence. For appeals against conviction for murder, irrespective of whether there are grounds of appeal, the granting of legal aid is mandatory so as to ensure that all relevant matters are placed before the court by the appellant's legal representative. For all other criminal appeals, including appeals from the decisions of the magistrates, legal aid will be given subject to financial eligibility if the Director of Legal Aid is satisfied that there are arguable grounds of appeal. A person who is refused legal aid in a criminal matter may nevertheless be granted legal aid subject to financial eligibility by a trial judge or 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 for 1989-90 was $37 million in criminal cases. During 1989, 4 785 applications were received for legal aid in criminal cases and a total of 2 926 were granted.

If a person is granted legal aid in a civil case, the Director of Legal Aid will assign the case either to a private solicitor and a barrister, where necessary, or to one of his own professional officers. The department maintains its own litigation units undertaking personal injury litigation, family law and workers' wage claims. The department also has various sections specialising in enforcement of judgements for damages and legal costs, application for the grant of letters of administration in fatal cases and preparation of

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