ENG-2001 — Page 76

THE LEGAL SYSTEM

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The scheme is self-financing and is funded by legal aid contributions and damages or compensation recovered. In 2001, 220 applications were received and 159 of them were granted. Expenditure was $27 million and $128 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' Court, in appeals from the Magistrates' Courts, and in appeals to the Court of Appeal and the Court of Final Appeal.

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 or payment of legal aid contributions.

The merits test applies mainly in relation to applications for legal aid for appeal. However, it does not apply to an appeal involving a charge of murder, treason or piracy with violence.

There is no provision for appeal against the Director of Legal Aid's refusal to grant legal aid in criminal cases (except for appeals to the Court of Final Appeal) on grounds of means or merits. Appeals against refusal of legal aid for criminal appeals to the Court of Final Appeal are heard by a Review Committee appointed by the Registrar of the High Court.

During the year, 4 423 applications for criminal legal aid were received and 2 748 of them were granted. Total expenditure on criminal cases was $90 million.

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 but independently administered by the legal profession of Hong Kong. The Hong Kong Bar Association and the Law Society of Hong Kong each nominates four members to sit on the council of the service, which manages and administers its operations. Three 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 eight advice centres located in the District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 113 referral agencies, which include all District Offices, Caritas Services Centres and the Social Welfare Department. Approximately 797 volunteer lawyers participate in the scheme. A total of 5 692 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 exceed $127,330, he is eligible for assistance under the scheme. However, the Administrator of the Duty Lawyer Service has a discretion to grant legal representation to defendants whose gross annual income exceeds this limit, if she