34 The Legal System
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 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 6 429 people were given legal advice during the year by 918 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 $121,720. 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 2007, 1 549 barristers and solicitors were on the duty lawyer panel and 38 640 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 2007, 831 children/juveniles were represented under this scheme (including 682 new cases and 149 cases carried forward from 2006).
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,
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 attain a balanced representation of
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