ENG-2011 — Page 77

The Legal System | 41

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.

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.

The following table sets out the number of applications, certificates granted and amount of expenditures incurred and monies recovered for legal aid cases in 2011:

Civil Cases

Ordinary Scheme

Supplementary Scheme

Criminal Cases

Number of applications

16 319

161

3 888

Number of certificates granted

8 193

104

2 795

Amount of expenditure incurred

$354.4 million

$4.1 million

$99.1 million

Monies recovered

$839.5 million

$34.1 million

N/A

The Official Solicitor

On August 1, 1991, the Director of Legal Aid was appointed the Official Solicitor under the Official Solicitor Ordinance.

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