ENG-2006 — Page 62

34 The Legal System

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 6 422 people were given legal advice during the year by 949 volunteer lawyers participating in the scheme.

The Duty Lawyer Scheme provides legal representation to 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 $118,750. 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 2006, 1 529 barristers and solicitors were on the duty lawyer panel and 40 067 persons were represented under the Duty Lawyer Scheme.

Legal representation is also offered to children/juveniles in care or protection proceedings who are deprived or likely to be deprived of their liberty under the Protection of Children and Juveniles Ordinance. In 2006, 679 children/juveniles were represented under this scheme (including 565 new cases and 114 cases carried forward from 2005).

The Tel-Law Scheme offers taped legal information to the public in Cantonese, Putonghua and English. The tapes cover various aspects of law including matrimonial, landlord and tenant, criminal, financial, employment, environmental and administrative law. They are updated regularly and new tapes are added when new subjects are identified as being of interest to the public.

Legal Aid Services Council

The Legal Aid Services Council is an independent statutory body established to advise the Chief Executive of the HKSAR on legal aid policies. Chaired by a non- official who is not in the legal profession, members include barristers and solicitors, lay members and the Director of Legal Aid, to facilitate a balanced representation of views. To facilitate its work, the council has set up various working parties and interest groups. During the year, aside from the Administration's regular reviews on legal aid matters, such as annual review on financial eligibility limits of legal aid applicants, the council has deliberated and offered its views on various other issues, such as conditional fees arrangements for lawyers. The council also operates an assistance scheme under which a legal aid applicant seeking to appeal to the Court of Final Appeal may apply for a counsel's certificate for a review of the Director of Legal Aid's refusal to grant legal aid on the grounds of merit.