ENG-2006 — Page 60

32 The Legal System

redevelopment, and compensation assessments when land is resumed by the Government or reduced in value by development. The Labour Tribunal handles claims. arising from contracts of employment. The Small Claims Tribunal handles civil claims. of up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by authors and publishers. The Coroner's Court conducts inquests and inquires into the causes of and circumstances connected with a death.

In accordance with the Basic Law and the Official Languages Ordinance, the courts can use both official languages in any proceedings.

Legal Aid

Eligible applicants receive legal aid through the provision of the services of a solicitor and, if necessary, a barrister in court proceedings to ensure that a person who has reasonable grounds for pursuing or defending a legal action is not prevented from doing so by lack of means. Publicly funded legal aid services are provided through the Legal Aid Department and the Duty Lawyer Service.

Legal Aid Department

The Legal Aid Department provides legal aid services to any person in Hong Kong, resident or non-resident, who satisfies the criteria for legal aid, namely the means test and merits test.

Ordinary Legal Aid Scheme for Civil Cases

The Ordinary Legal Aid Scheme is available for representation in civil proceedings in the District Court, Court of First Instance, Court of Appeal and Court of Final Appeal covering proceedings relating to major areas of the livelihood of the community at large, including family and matrimonial disputes, personal injury claims, employment disputes, disputes related to landed properties, contractual disputes, immigration matters and professional negligence claims.

An applicant must pass the means and merits tests to qualify for legal aid. For the means test, the applicant must show that his financial resources, the aggregate of his annual disposable income and total disposable capital after deduction of certain statutory allowances, do not exceed $158,300. The Director of Legal Aid may waive the upper financial eligibility limit in meritorious cases where a breach of the Hong Kong Bill of Rights Ordinance or an inconsistency with the International Covenant on Civil and Political Rights as applied to Hong Kong are at issue. 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. An aided person may be required to pay a contribution depending on his financial resources and is required to pay costs if property is recovered or preserved on his behalf in the proceedings.

An applicant who is refused civil legal aid may appeal to the Registrar of the High Court, or in Court of Final Appeal cases, to a Review Committee.

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