ENG-2003 — Page 66

34

THE LEGAL SYSTEM

well as medical, dental or legal professional negligence, where the claim for damages is likely to exceed $60,000. The scheme also covers claims under the Employees' Compensation Ordinance irrespective of the amount of the claim.

The scheme is self-financing and is funded by legal aid contributions and damages or compensation recovered. In 2003, 106 applications for legal aid were received and legal aid was granted to 79 applicants. Expenditure was $23 million and $61 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.

Legal aid is granted to applicants who pass the means test and if the Director of Legal Aid is satisfied that legal aid is desirable in the interests of justice.

The Director of Legal Aid has the discretion to grant legal aid in a criminal case even where the applicant's financial resources exceed the financial eligibility limit if he is satisfied that it is desirable in the interests of justice to do so, subject to payment of a contribution.

There is no provision for appeal against the Director of Legal Aid's refusal to grant legal aid in criminal cases on grounds of means or merits (except for appeals to the Court of Final Appeal). Appeals against refusal of legal aid for appeals to the Court of Final Appeal are heard by a Review Committee chaired by the Registrar of the High Court and comprising of a barrister appointed by the Chairman of the Hong Kong Bar Association and a solicitor appointed by the President of the Law Society of Hong Kong.

An applicant may apply to a judge for legal aid to be granted to him provided he satisfies the means test. However, applicants charged with or convicted of murder, treason or piracy with violence may apply to a judge for legal aid for the trial or appeal and for exemption from the means test or payment of a contribution.

During the year, 4 411 applications for criminal legal aid were received and legal aid was granted to 2 803 applicants. Total expenditure on criminal cases was $89 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 nominate 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 nine advice centres located in the District Offices. Members of the public can make appointments to see volunteer lawyers through one of the 27 referral agencies (with over 100 branches), which include all District Offices, Caritas Services Centres and the Social Welfare Department; 940 volunteer lawyers participate in the scheme. A total of 6 036 people were given legal advice during the year.