ENG-1997 — Page 74

THE LEGAL SYSTEM

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If satisfied that it is in the interests of justice to do so, the director may exercise his discretion to grant legal aid to an applicant who is charged with a criminal offence even if he fails the means test. Applicants in cases involving murder, treason or piracy with violence may apply to a judge for granting of legal aid, exemption of the means test and of payment of contribution. Most people charged with criminal offences have therefore been granted legal aid.

Total expenditure on legal costs on criminal cases for 1997 was $98 million. During the

year,

4 503 applications were received, 3 133 applicants were granted legal aid.

Legal Aid Services Council

The Legal Aid Services Council was established on September 1, 1996. The council is charged with overseeing the administration of the services provided by the Legal Aid Department and to advise the Chief Executive 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 Chief Executive. A copy of the annual report will also be laid before the Legislative Council.

The Official Solicitor

The Director of Legal Aid was appointed the first Official Solicitor when the Official Solicitor Ordinance Cap. 416 came into force on August 1, 1991.

The Official Solicitor's Office was established to perform the duties of the Official Solicitor which mainly include acting as guardian ad litem or next friend for persons under disability of age or mental capacity in legal proceedings, as representative of deceased persons' estates for the purpose of legal proceedings, as Official Trustee and Judicial Trustee, representing patients in proceedings under the Mental Health Ordinance, representing children in matrimonial proceedings and in the Juvenile Court. At July 1997, the Official Solicitor had received 456 requests for his representation in such cases. 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 operates the Legal Advice Scheme, the Duty Lawyer Scheme and the Tel Law Scheme. It is subvented by the government of the HKSAR 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. Two lay members have also been invited to sit on the council.

The Legal Advice Scheme provides free advice to members of the public without means testing, at six advice centres located in the District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 120 referral agencies, which include all District Offices, Caritas Services Centres and the Social Welfare Department. Approximately 570 volunteer lawyers participate in the scheme. A total of 5 004 people were given legal advice during the year.

The Duty Lawyer Scheme provides legal representation to virtually all defendants who are charged in the magistracies. To be eligible for legal representation under the scheme, an applicant has to pass a means test: if his gross annual income does not