ENG-1996 — Page 61

THE LEGAL SYSTEM

the Court of Appeal in Hong Kong and also the Judicial Committee of the Privy Council in London. Such aid is available to any person in Hong Kong, resident or non-resident, who is able to satisfy the Director of Legal Aid as to financial eligibility (the means test) and the justification for legal action (the merits test). Legal assistance is provided either with or without payment of a contribution. Upon grant of legal aid, the cases are assigned either to a lawyer in private practice or in the department's Litigation Division.

Legal Aid in Civil Cases

In civil cases, apart from financial eligibility, an applicant must satisfy the Director of Legal Aid that he has reasonable grounds for pursuing or defending a legal action. Legal aid is available for a wide range of civil proceedings, including matrimonial cases, traffic accident claims, landlord and tenant disputes, claims in respect of industrial accidents, employees' compensation, immigration matters, breach of contract and professional negligence.

Admiralty, bankruptcy and companies winding-up proceedings are also undertaken by the Legal Aid Department. Most of these cases deal with employees' wages and severance pay.

An applicant who is refused legal aid may appeal to the Registrar of the Supreme Court; or in Privy Council cases, to a committee of review. The department's total expenditure for 1996 was $240 million in civil cases. During the year, 25 300 applications were received, and 9 200 were granted legal aid. Altogether, $620 million was recovered for the aided persons.

Supplementary Legal Aid Scheme

The Director of Legal Aid also operates the Supplementary Legal Aid Scheme, which provides legal assistance to persons whose resources exceed the financial limits under the standard legal aid scheme but are not sufficient to meet the high costs of conducting litigation on a private basis. The scheme is self-financing, funded by contributions from damages or compensation recovered. The scheme is available for civil claims in the High Court, the Court of Appeal and certain claims in the District Court for employees' compensation and for damages for death or personal injuries. Total expenditure on the scheme in 1996 was $4 million, 170 applications were received, and 100 were granted legal aid.

Legal Aid in Criminal Cases

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

If satisfied that it is in the interests of justice to do so, the director has discretion to grant legal aid to an applicant who is charged with a criminal offence even if he fails

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