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The Legal System

Legal Aid in Criminal Cases

Legal aid is available under the Ordinary Legal Aid Scheme for committal proceedings in the Magistrates' Courts, criminal trials in the District Court and the Court of First Instance and appeals from the Magistrates' Courts and appeals to the Court of Appeal and the Court of Final Appeal. Applicants who pass the means test receive legal aid for trial, provided the director is satisfied it is desirable in the interests of justice to grant legal aid. For appeals, it must be shown there are reasonable grounds to appeal, except where the applicant has been convicted of 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 not only for legal aid for the trial or appeal, but also for exemption from the means test or payment of a contribution. The Review Committee hears. appeals against the refusal of legal aid for appeals to the Court of Final Appeal.

Legal Aid Cases in 2020

Civil Cases

Ordinary

Scheme

Number of applications

11,107

Supplementary Scheme

179

Criminal Cases Ordinary Scheme

3,537

Number of certificates granted

4,644

110

2,751

Amount of expenditure incurred

$712.5 million

$5.0 million*

$236.2 million

Monies recovered

$1,131.3 million

$98.3 million*

N/A

*

The figures are unaudited

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 2020, the Official Solicitor took up 256 new cases.

Legal Advice Scheme for Unrepresented Litigants on Civil Procedures

The Legal Advice Scheme for Unrepresented Litigants on Civil Procedures under the Administration Wing, Chief Secretary for Administration's Office, provides free legal advice on civil procedural matters for unrepresented litigants. Applicants whose income does not exceed $50,000 per month or $600,000 per year and have not engaged lawyers, nor been granted legal

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