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The Legal System

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 Ordinary Scheme's limit, with an upper financial eligibility limit of $1,348,100. The scheme covers the following cases, where the claim is likely to exceed $60,000 - personal injury claims; medical, dental or legal professional negligence claims, as well as professional negligence claims against certified public accountants (practising), registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorised land surveyors, registered landscape architects and estate agents; negligence claims against insurers or their intermediaries in respect of the taking out of personal insurance products; and monetary claims. against the vendors in the sale of first-hand residential properties.

It also covers employees' compensation claims and representation for employees in appeals against awards made by the Labour Tribunal regardless of the amount in dispute.

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 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 appeals, it must be shown that there are valid grounds, 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.

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