Major types of cases covered, include family disputes, personal injury claims, employment disputes, disputes related to landed properties, contractual disputes, immigration matters and professional negligence claims.
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 a statutory allowance and certain deductible items, do not exceed the financial eligibility limit.
The Ordinary Scheme's financial eligibility limit was increased substantially from $175,800 to $260,000 in May 2011.
For applicant, aged 60 or above, an amount equal to the Ordinary Scheme's financial eligibility limit will be disregarded when calculating the amount of disposable capital.
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.
Supplementary Legal Aid Scheme
This scheme provides legal assistance to applicants whose financial resources exceed the limit stipulated in the Ordinary Scheme. Its upper financial eligibility limit. was increased substantially from $488,400 to $1.3 million in May 2011. 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 from aided persons and a percentage payment deducted from damages or compensation recovered on their behalf.
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
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