ENG-2009 — Page 77

The Legal System ❘ 33

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 being the aggregate of his annual disposable income and total disposable capital after deduction of certain statutory allowances, do not exceed $175,800. 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 is an 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 back all the expenses incurred in the proceedings that are not recovered from the opposite party out of property 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 chaired by the Registrar of the High Court and comprising a barrister and a solicitor.

During the year, 17 187 applications for legal aid were received, and legal aid was granted to 8910 applicants. The Legal Aid Department's expenditure on civil cases was $369.8 million, and $744.2 million was recovered for the aided persons.

Supplementary Legal Aid Scheme

This scheme provides legal assistance to applicants whose financial resources exceed the limit stipulated in the Ordinary Legal Aid Scheme but do not exceed $488,400. The scheme covers cases involving personal injury or death, medical, dental or legal professional negligence, where the claim for damages is likely to exceed $60,000, as well as 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 payment deducted from damages or compensation recovered on their behalf. In 2009, the scheme received a total of 170 applications, and legal aid was granted to 121 applicants. Expenditure was $5.6 million and $39.2 million was recovered on behalf of the aided persons.

Legal Aid in Criminal Cases

Legal aid is available for criminal trials in the Court of First Instance and the District Court, committal proceedings in the Magistrates' Courts, appeals from the Magistrates' Courts and for appeals to the Court of Appeal and the Court of Final Appeal.

Applicants who pass the means test will be granted legal aid for trial provided the Director of Legal Aid is satisfied that it is in the interests of justice for legal aid to be granted. For appeal, it must be shown that there are valid grounds for doing. so except for appeals involving applicants charged with murder, treason or piracy with violence.