34 | The Legal System
The Director of Legal Aid has discretion to grant legal aid in a criminal case even though the applicant's financial resources exceed the 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 passes the means test but is refused legal aid may apply to a judge for legal aid to be granted to him. Applicants charged with or convicted of murder, treason or piracy with violence, may apply to a judge for legal aid not only for the trial or 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, 3 816 applications for criminal legal aid were received and legal aid was granted to 2 800 applicants. Total expenditure on criminal cases was $103 million.
The Official Solicitor
The Director of Legal Aid was appointed the Official Solicitor under the Official Solicitor Ordinance which took effect on August 1, 1991.
The Official Solicitor's main duties are to act as 'guardian ad litem' or 'next friend' in legal proceedings for persons under a disability of age or who are mentally incapacitated, as representative of deceased persons' estates for the purpose of legal proceedings, as Official Trustee and Judicial Trustee and to act as committee of the estate of mentally incapacitated persons. In 2009, the Official Solicitor Office took up 229 new cases.
Director of Intellectual Property
This statutory office was established in 1990 under the Director of Intellectual Property (Establishment) Ordinance. The Intellectual Property Department operates the Trade Marks, Patents, Designs and Copyright Licensing Bodies Registries. It is also responsible for making recommendations on policy and legislation related to intellectual property protection, providing civil intellectual property legal advice to the Government and promoting public awareness of and respect for intellectual property rights.
Rights of the Individual
Legal protections
Chapter III of the Basic Law prescribes the fundamental rights and freedoms of people in Hong Kong. In particular, Article 39 (which forms part of Chapter III) provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force.
Additionally, the Hong Kong Bill of Rights Ordinance gives domestic effect to the provisions of the ICCPR as applied to Hong Kong.
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