ENG-1996 — Page 62

THE LEGAL SYSTEM

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the means test. Most people charged with criminal offences have therefore been granted legal aid.

Total expenditure on legal costs on criminal cases for 1996 was $100 million. During the year, 4 600 applications were received, 2 900 applicants were granted legal aid.

Legal Aid Services Council

The Legal Aid Services Council was established on September 1, 1996. The council has been charged with overseeing the administration of the services provided by the Legal Aid Department and to advise the Governor on legal aid policy. The council consists of a chairman and four persons who are not connected in any way with the practice of law; two barristers and two solicitors; and the Director of Legal Aid. It is required to submit a report each year to the Governor. A copy of the annual report should also be laid before the Legislative Council.

The Official Solicitor

The Director of Legal Aid was appointed the first Official Solicitor after the Official Solicitor Ordinance Cap. 416 came into force in August 1991.

A separate office was established to provide legal representation to persons under legal disability, estate or trust in court proceedings in Hong Kong. Up until July 1996, the Official Solicitor had received 376 requests for representation in matters involving receivership, unclaimed estates, proceedings for or against mental patients, adoption, guardianship and application for care and protection order under the Protection of Children and Juveniles Ordinance. The Official Solicitor assigned less than 5 per cent of the cases to private lawyers and litigated the balance himself.

Duty Lawyer Service

The Duty Lawyer Service was established in November 1978. It was then known as the Law Society Legal Advice and Duty Lawyer Schemes. In August 1993, it was incorporated into a company limited by guarantee and renamed.

The Duty Lawyer Service is subvented by the Hong Kong Government but independently administered by the legal profession of Hong Kong. The Hong Kong Bar Association and the Law Society of Hong Kong each nominate four members to sit on the council of the service, which manages and administers its operations. A lay member has also been invited to sit on the council.

The service operates three schemes: the Duty Lawyer Scheme, the free Legal Advice Scheme and the Tel-law Scheme.

The Duty Lawyer Scheme provides legal representation to defendants who are charged and brought before a magistrate. When it commenced its service in January 1979, it covered only six offences and was available in three magistracies. It was extended gradually. In 1983 it was extended to all the magistracies in Hong Kong and covered nine offences. After the introduction of the Bill of Rights Ordinance in 1991, the scheme was extended to cover almost all of the criminal offences in magistracies. To be eligible for legal assistance, a defendant has to pass the means and merits tests. Each eligible defendant has to pay a handling charge of $300. In 1996, the financial eligibility limit was increased from $90,000 to $108,000 gross annual income. The Administrator of the service may exempt a defendant from payment of the