ENG-2005 — Page 61

The Legal System | 35

grounds of merit may apply to a judge for legal aid to be granted to him, provided that he passes the means test. Applicants charged with or convicted of murder, treason or piracy with violence, may apply to a judge not only for legal aid for the trial and appeal, but also for exemption from the means test or payment of a contribution.

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 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. During the year, 4 162 applications for criminal legal aid were received and legal aid was granted to 2 666 applicants. Total expenditure on criminal cases was $92.4 million.

Duty Lawyer Service

The Duty Lawyer Service operates the Legal Advice Scheme, the Duty Lawyer Scheme, the Legal Representation Scheme for Children/Juveniles Involved in Care or Protection Proceedings 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 also 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 29 referral agencies (with over 153 branches), which include all District Offices, Caritas Services Centres and the Social Welfare Department. A total of 6 407 people were given legal advice during the year by 926 volunteer lawyers participating in the scheme.

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's gross annual income must not exceed $116,880. 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 it is considered to be in the interests of justice to do so. Applicants are also subject to a merits test. The prime consideration is whether the defendant is in jeopardy of losing his liberty or whether a substantial question of law is involved.

The scheme assigns barristers and solicitors to advise defendants facing extradition and to represent persons who are at risk of criminal prosecution as a result of giving incriminating evidence in Coroner's inquests. They are also assigned to represent hawkers at the hearing of their appeals to the Municipal Services Appeals Board.

In 2005, 1472 barristers and solicitors were on the duty lawyer panel and 42 577 persons were represented under the Duty Lawyer Scheme.