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The Legal System

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, 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 Court of Final Appeal. Applicants who pass the means test 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 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 at higher rates calculated according to the applicant's financial resources.

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.

Legal aid cases in 2016

Civil Cases

Ordinary Scheme

Supplementary Scheme

Criminal Cases Ordinary Scheme

Number of applications

14,733

225

3,567

Number of certificates granted

6,878

164

2,641

Amount of expenditure incurred

$546.2 million

$6.6 million

$130.2 million

Monies recovered

$1,314 million

$81.1 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 2016, the Official Solicitor took up 258 new cases.

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