ENG-2015 — Page 59

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The Legal System

The scheme is self-financing, being 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 under the Ordinary Legal Aid Scheme 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 appeals to the Court of Appeal and the Court of Final Appeal. Applicants who pass the means test will receive legal aid for trial provided the director is satisfied it is in the interests of justice to grant legal aid. For appeals, it must be shown that there are reasonable grounds, except for appeals involving applicants charged with murder, treason or piracy with violence.

The director has the discretion to grant legal aid in a criminal case where the applicant's financial resources exceed the eligibility limit, if the director is satisfied it is desirable in the interests of justice to do so, subject to the 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. 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 the Review Committee.

This table sets out statistics for legal aid cases in 2015:

Civil Cases

Criminal Cases

Ordinary Scheme

Supplementary Scheme

Ordinary Scheme

Number of applications

14,954

211

3,630

Number of certificates granted

6,889

169

2,521

Amount of expenditure incurred

$454.4 million

$3.7 million

$123.8 million

Monies recovered

$1,242.2 million

$81.0 million

N/A

Official Solicitor

The Director of Legal Aid is also the Official Solicitor, appointed 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 proceedings, as Official Trustee and Judicial Trustee, and as committee of the estate of mentally incapacitated persons. In 2015, the Official Solicitor took up 273 new cases.

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