Chapter 4
Improving the Way We Work
The Department is committed to be a provider of quality legal aid services and will continually find ways to better its performance through a customer-focused approach when delivering its services.Performance Pledges
Processing of Applications
In 2010, the Department's actual performance exceeded the various
targets for processing legal aid applications within the standard
processing time set in the performance pledges.| 申請類別 Types of Applications |
審查申請所需的標準時間 Standard Processing Time |
服務指標 Performance Targets |
二○一○年的實際表現 Actual Performance in 2010 |
| 民事法援案件 Civil Legal Aid |
由申請當日起計3個月內 Within 3 months from the date of application |
85% |
91% |
| 刑事法援上訴案件 Criminal Legal Aid Appeals - 上訴要求減刑 - Appeal against sentence - 上訴推翻原判 - Appeal against conviction |
由申請當日起計2個月內 Within 2 months from the date of application 由申請當日起計3個月內 Within 3 months from the date of application |
90% 90% |
97% 95% |
| 高等法院原訟法庭／區域法院案件 Court of First Instance of the High Court / District Court |
由申請當日起計10個工作天內 Within 10 working days from the date of application |
90% |
93% |
| 交付審判程序 Committal proceedings |
由申請當日起計8個工作天內 Within 8 working days from the date of application |
90% |
92% |
Payment to Aided Persons and
Service
Providers
In the 2010-11 financial year, the Department paid out $505 million in
legal costs and $803 million to legally aided persons. During the year,
the Department exceeded all performance pledges on payment:| 付款對象 Payment Targets |
付款所需的標準時間 Service Delivery Standard |
服務指標 Performance Targets |
二○一○年的實際表現 Actual Performance in 2010 |
| 受助人 Aided Persons |
中期付款 在收到受助人應收的款項及／或外委律師估計的訟費額通知後（以適用者為準）1個月內支付。 Interim Payment Within 1 month from receipt of monies due to the aided person and/or receipt of estimation of costs from the assigned solicitor, whichever is appropriate. 餘款 在全部訟費及代支費用獲有關方面同意後，以及收妥受助人和法援署署長應收的全部款項的日期起計6個星期內支付。 Final Payment Within 6 weeks from date of agreement of all costs and disbursements related to the case, and receipt of all monies due to the aided person and the Director of Legal Aid. |
95% 95% |
99% 99% |
| 律師／專家／其他人士 Lawyers / Experts / Other Parties |
預支款項 在收到帳單後6個星期內支付。 Advance Payment Within 6 weeks from receipt of bill. 餘款 所有訟費及代支費用獲有關方面同意後，或在收妥受助人和法援署署長應收的全部款項的日期（以較後者為準）起計6個星期內支付。 Balance Payment Within 6 weeks from date of agreement of all costs and disbursements related to the case, or receipts of all monies due to the aided person and the Director of Legal Aid, whichever is later. |
95% 95% |
99% 99% |
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Senior Legal Aid Counsel (Crime), Mr. Steve Wong, (middle with
glasses), and Legal Aid Counsel (Civil Litigation), Miss Doreen Chan,
(middle with short hair), briefed law firms interns on 13 July 2010 and
introduced to them the legal aid services and operation of the
Department.
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Accounting
In 2010, the Accounts Unit had taken the following measures to improve operational efficiency and effectiveness:| (a) | review accounting procedures to comply with the newly implemented Government Financial Management Information System (GFMIS) modules to simplify and streamline payment procedures; |
| (b) | arrange for staff to attend refresher courses on functions of the GFMIS; and |
| (c) | enhance the case accounting system to facilitate checking of accounts and answering enquiries regarding receipts and payments. |
Analysis of Legal Aid Costs by Nature of Expenditure
| 開支性質 Nature of Expenditure |
二○○九至一○年度(百萬元) 2009-10($M) |
二○一○至一一年度(百萬元) 2010-11($M) |
| 律師費用 Solicitors Costs |
255.1 |
279.8 |
| 大律師費用 Counsel Fees |
140.1 | 155.4 |
| 醫生費用 Doctors Fees |
7.8 |
8.3 |
| 對訟人訟費 Opposite Party Costs |
38.0 |
18.2 |
| 其他(註) Others (Note) |
44.7 |
43.6 |
| 總計 Total |
485.7 |
505.3 |
Training on Customer Service
To reinforce the customer-focused culture in the Department, various in-house and external programmes on customer service related topics were arranged for staff of different ranks in 2010. Major programmes held during the year were:
In-house course on
Answering Hotline Enquiries Replies to
Enquiries/Complaints Say it Right & Well
for Front-line Staff Workshop on Customer
Service Skills for EO Workshop on Preventing
and Resolving Customer Complaints Managing Public
Complaints Customer Service through
Better Communication
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Senior Legal Aid Counsel
(Application and Processing), Ms. Dorothy Chu
(seventh from right in front row) briefed a group of newly arrived
women from Sham Shui Po Caritas Residents Mutual Help Centre on 24
November 2010 on the legal aid services provided by the Department,
helping them know more about local social resources and adapt to life
in Hong Kong.
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Customer Feedback
With a view to enhancing our provision of services to public, the Department conducted surveys on customer feedback on different aspects of the legal aid services in order to obtain comprehensive and regular feedbacks from customers. The surveys covered the application and processing procedures for legal aid and the Department's in-house litigation services. Different methodologies such as on the spot collection and mail surveys were used depending on the points of contact and on the stages and types of services rendered to the customers. During the year, the overall customer satisfaction level remained high. The charts at Appendix 2 illustrate the major findings of the survey on customer feedback.Sample Completed Application
Forms
In response to customer feedbacks received in 2009, the Department has
prepared sample completed application forms to serve as a guide to
helping applicants to complete the application forms. The sample forms
were available at the reception counters of the Department's offices
and uploaded at the Department's website.Phone Payment System
As a measure to enhance customer service, the Department launched the Phone Payment System (PPS) on 1 June 2010 for aided persons and judgment debtors with installment payments in addition to the current methods of payment by cash or cheque. There has been a steady growth in number of collections of payment via PPS since its implementation. The Department will conduct another feasibility study on expanding the use of PPS for one-off payment of contributions by aided persons in 2011. |
Complaints and Representations
As part of our customer feedback system, the Department places great importance on following up with the handling of complaints and representations. Customer's concerns and suggestions are viewed by the Department as a means of improving its service and ensuring the fulfilment of its statutory functions. Supervisors and professional officers are kept abreast of the latest concepts and strategies in handling and managing different types of complaints in a positive manner through initiatives and training programmes.The Application and Processing Division is responsible for conducting review into representations against grant of legal aid on merits. Representations against grant of legal aid on means are handled by the Special Duties and Research Unit. The Department will proceed with the investigation and come to a decision as quickly as possible since it is in the best interest of all concerned that there should be an early determination of the aided person's continued eligibility for legal aid. Normally we aim to complete an investigation within 12 weeks. However, it can take longer in some cases for a thorough investigation to be carried out as we often rely on third parties such as assigned lawyers, the Land Registry or a bank to provide us with information to ensure legal aid would not be abused and those qualified to have legal aid not to be deprived of this right. Once investigation is completed, a determination will be made as to whether legal aid may be continued, discharged or revoked. When circumstances warrant it, the Department may refer suitable cases to the police for investigation for misrepresentations by the applicants or legally aided persons in contravention of section 23 of the Legal Aid Ordinance.
In 2010, the Unit received 58 representations against grant of legal aid on means and completed investigation in 44 cases. Two cases were not pursued as there were no concrete and specific evidence for the Department to conduct meaningful investigation. The Department referred 8 cases to the police for investigation as to whether any offence was committed under section 23 of the Legal Aid Ordinance, Cap. 91 and also under section 18A of the Theft Ordinance, Cap. 210 in one of these cases. As at 31 December 2010, the police successfully prosecuted one aided person upon the Department's referral. The aided person was given a 100 hours community service order.
To address public expectation on how the Department deals with dissatisfaction with the grant of legal aid and the time it would take to deal with such representations, the Department published a leaflet to address frequently asked questions concerning representation.
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Means representations received
and investigation outcome in 2009-2010 :
