The Legal System 1 33
During the year, 17 286 applications for legal aid were received, and legal aid was granted to 9 229 applicants. The Legal Aid Department's expenditure on civil cases was $303.1 million, and $663.6 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 Ordinary Legal Aid Scheme but do not exceed $439,800. Under this scheme, legal aid is available for cases involving personal injury or death as 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 funded by contributions paid by aided persons and a percentage deducted from damages or compensation recovered on their behalf. In 2006, 137 applications for legal aid were received and legal aid was granted to 127 applicants. Expenditure was $4 million, and $28.1 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.
Legal aid is granted to applicants who pass the means test and if the Director of Legal Aid is satisfied that it is in the interests of justice for legal aid to be granted. 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 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. An applicant who is refused legal aid on the ground of merits 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 and a solicitor. During the year, 3 779 applications for criminal legal aid were received and legal aid was granted to 2 357 applicants. Total expenditure on criminal cases was $113.8 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 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
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