ENG-1999 — Page 64

THE LEGAL SYSTEM

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Applicants must pass means and merits tests to qualify for legal aid. For the means test, the applicant must show that his financial resources, i.e. annual disposable income and total capital assets after deduction of certain statutory allowances, do not exceed $169,700. The Director of Legal Aid may waive the upper financial eligibility limit in meritorious Bill of Rights cases. For the merits test, the applicant must satisfy the Director of Legal Aid that he has reasonable grounds for bringing or defending the civil proceedings. Depending on the financial resources of the aided person and whether property has been recovered or preserved on his behalf, the aided person may be required to contribute towards the costs of the proceedings.

Upon the granting of legal aid, the aided person's case is assigned either to a lawyer in private practice or to a lawyer of the Legal Aid Department. The Director of Legal Aid has the responsibility to monitor the progress and expenditure of the cases assigned out. An applicant who is refused legal aid may appeal to the Registrar of the High Court, or in Court of Final Appeal cases, to a Committee of Review. The decision in either event is final.

During the year, 31 213 applications for civil legal aid were received of which 9 807 were granted. The Legal Aid Department's expenditure on civil cases was $469 million and $1,163 million was recovered for the aided persons.

Supplementary Legal Aid Scheme

This scheme provides legal assistance to applicants whose financial resources exceed the ceiling stipulated in the Standard Legal Aid Scheme but do not exceed $471,600. Legal aid is available to cases of personal injury and death, and medical, dental and legal professional negligence involving claims for damages in the District Court where the claim exceeds $60,000, the Court of First Instance, the Court of Appeal and the Court of Final Appeal.

The scheme is self-financing and is funded by contributions from damages or compensation recovered. In the year, 365 applications were received, of which 268 were granted. Expenditure was $19 million and $66 million was recovered on behalf of the aided persons.

Legal aid in criminal cases

In criminal cases, legal aid is available for representation in proceedings in the Court of First Instance and the District Court, in committal proceedings in the Magistrates' Courts, in appeals from the Magistrates' Courts, and in appeals to the Court of Appeal and the Court of Final Appeal. The choice of lawyer in criminal cases rests. solely with the Director of Legal Aid, who may take an aided person's nomination into account in selecting a suitable lawyer to represent him.

The Director of Legal Aid has the discretion to grant legal aid in a criminal case even if the applicant's financial resources exceed the means test limit if he is satisfied that it is desirable in the interests of justice to do so. A judge may grant legal aid on his own initiative if the applicant satisfies the means test. Applicants in cases involving a charge of murder, treason or piracy with violence may apply to a judge for a grant of legal aid, with exemption from the means test and payment of contribution.