ENG-1994 — Page 79

THE LEGAL SYSTEM

of a defendant to the High Court), in appeals from the Magistrates' Courts, and appeals to the Court of Appeal and to the Privy Council.

For appeals against conviction for murder, subject to financial eligibility, 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.

Since July 1992, an amendment to the Legal Aid in Criminal Cases Rules has provided 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 1994 was $151 million. During the

year, 3 401 applicants were granted legal aid, out of 5 160 applications received.

Legal Aid Policy Review

A comprehensive review of the law, policy and practice governing the provision of legal aid services was completed in July 1994 by an interdepartmental working group. The review took into account the comments made on the proposals published in a consultative paper in April 1993.

The government accepted the working group's 25 recommendations which are aimed at improving the provision of legal aid services. Some of the recommendations meet the public demand for greater access to legal aid. These include an expansion of the scope of the Supplementary Legal Aid Scheme for the 'sandwich' class and an extension of the Director of Legal Aid's present discretionary power to waive the means test in criminal cases to meritorious civil Bill of Rights cases.

In response to increasing concerns over the status of the Legal Aid Department as a government department, the working group recommended the setting up of an independent Legal Aid Services Council to oversee the operation of the Legal Aid Department and the Duty Lawyer Service in providing legal aid services. This council will advise the government on legal aid policy and funding requirements. It will, therefore, explore the feasibility and desirability of other options of enhancing the independence of legal aid administration, including the establishment of a non-government authority for the day-to- day administration of legal aid services.

The implementation of most of the working group's recommendations will require legislative amendments. It is envisaged that the necessary legislation can be enacted in the 1994-95 Legislative Council session and that the various recommendation should be in effect by April 1995.

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 a legal disability in court proceedings in Hong Kong. Since its inauguration and up until July 1994, the Official Solicitor received 220 requests for representation, mostly in matters involving

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