ENG-1993 — Page 62

THE LEGAL SYSTEM

court action, and that it is reasonable to grant aid in the circumstances of the case. Legal aid is available for a wide range of civil proceedings, including traffic and industrial accident claims, employees' compensation, immigration matters, professional negligence, employment and family law disputes, and landlord and tenant matters. An applicant who is refused legal aid, either because he fails the means or merits test, may appeal against such refusal to the Registrar of the Supreme Court or, in Privy Council cases, to a committee of review. The department's total expenditure for 1993 was $88 million in civil cases. During the year, 19 653 applications were received, out of which 6 627 were granted legal aid and $269 million was recovered for the aided persons.

The Director of Legal Aid also operates a Supplementary Legal Aid Scheme for people whose resources exceed the financial limits under the ordinary legal aid scheme, but are not sufficient to meet the high costs of conducting litigation on a private basis. The scheme is available for claims in the High Court, the Court of Appeal, and certain claims in the District Court for damages and compensation for personal injuries. An applicant with financial resources exceeding $120,000, but not exceeding $280,000, is eligible. The scheme is self-financing, funded by contributions from damages or compensation recovered. A successful litigant is required to pay back to the scheme 10-12.5 per cent of the damages he recovers. The total expenditure of the scheme in 1993 was $5 million. A total of 78 applications were received, out of which 52 were granted legal aid.

An independent counselling agency, the Hong Kong Catholic Marriage Advisory Council, funded by the Royal Hong Kong Jockey Club, provides counselling services to legal aid applicants in family problems in the department's Kowloon branch office.

Legal Aid in Criminal Cases

In criminal cases, legal aid is available for representation in proceedings in the Supreme Court and District Court, in the Magistrates' Courts (where the prosecution is seeking committal of a defendant to the High Court for trial), in appeals from the Magistrates' Courts, and appeals to the Court of Appeal and to the Privy Council.

For appeals against conviction for murder, the grant of legal aid is mandatory to ensure that all relevant matters are placed before the court by the appellant's legal representative. For all other criminal appeals, legal aid will be given, subject to financial eligibility, if the Director of Legal Aid is satisfied that there are arguable grounds of appeal.

With effect from July 1992, an amendment to the Legal Aid in Criminal Cases Rules was introduced, to provide the Director with discretion to grant legal aid to an applicant charged with a criminal offence even if his disposable financial resources exceed the limit of $120,000, if the Director is satisfied that it is in the interests of justice to do so. The great majority of persons charged with criminal offences have therefore become eligible for the grant of legal aid.

The total expenditure on legal costs on criminal cases for 1993 was $108 million. During the year, 2 925 applicants were granted legal aid out of 4 656 applications received.

The Official Solicitor

Following the entry into force of the Official Solicitor Ordinance in August 1991, the Director of Legal Aid was appointed the first Official Solicitor, and a separate office, with a senior lawyer and support staff, was established to represent persons under legal disability in court proceedings in Hong Kong. Since its inauguration and up to July 1993, the Official

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