Chapter 2
Legal Aid Services
Legal aid business is conducted in the following service areas:
- Receiving and processing of legal aid applications;
- Assignments and monitoring of legal aid cases;
- Litigation services; and
- Related supporting legal services.
Application and Processing Services
In 2011, a total of 20 368 applications for legal aid were received and 11 092 legal aid certificates were issued:
 |
Mr Thomas Edward Kwong
Deputy Director of Legal Aid
(Application and Processing)
|
Legal Aid in Civil Cases
Civil legal aid applications, apart from applications relating to wages claims which are processed by the Insolvency Unit of the Litigation Division, are handled by the Application and Processing Division.
Legal aid covers many different types of civil cases which are closely related to the public's daily lives. Types of cases covered included family disputes, personal injuries claims and other miscellaneous proceedings in the District Court, the Court of First Instance, the Court of Appeal and the Court of Final Appeal. It also covers applications to the Mental Health Review Tribunal and death inquests if it is in the interest of public justice to do so.
Distribution of Applications Received for Civil Legal Aid in 2010-2011
| |
民事法律援助申請數目
No. of Applications for Civil Legal Aid |
| |
二Ｏ一Ｏ年
2010 |
二Ｏ一一年
2011 |
增減的百分比
% Change |
人身傷害申索
Personal Injuries Claims |
5 098 |
5 868 |
15% |
婚姻訴訟個案
Matrimonial Cases |
8 366 |
7 856 |
-6% |
土地及租務糾紛
Land and Tenancy Disputes |
354 |
386 |
9% |
勞資糾紛
Employment Disputes |
89 |
87 |
-2% |
入境事務
Immigration Matters |
118 |
231 |
96% |
追討工資
Wages Claims |
171 |
106 |
-38% |
其他
Others |
1 928 |
1 946 |
1% |
總數
Total |
16 124 |
16 480 |
2% |
Distribution of Certificates Issued for Civil Legal Aid in 2010-2011
| |
批出的民事法律援助證書數目
No. of Certificates for Civil Legal Aid |
|
二Ｏ一Ｏ年
2010 |
二Ｏ一一年
2011 |
增減的百分比
% Change |
人身傷害申索
Personal Injuries Claims |
2 905 |
3 471 |
19% |
婚姻訴訟個案
Matrimonial Cases |
4 580 |
4 137 |
-10% |
土地及租務糾紛
Land and Tenancy Disputes |
83 |
82 |
-1% |
勞資糾紛
Employment Disputes |
39 |
24 |
-38% |
入境事務
Immigration Matters |
34 |
35 |
3% |
追討工資
Wages Claims |
159 |
98 |
-38% |
其他
Others |
463 |
450 |
-3% |
總數
Total |
8 263 |
8 297 |
0% |
 |
Mr Chris Chong Yan-tung
Assistant Director of Legal Aid
(Application and Processing)
|
To facilitate the public to apply for legal aid, the Application and Processing Division also provides an information and enquiry service through the Information and Application Services Unit. The Unit deals with enquiries from the public on matters such as the scope of legal aid, financial eligibility limits and application procedures. In 2011, the Unit received a total of 41 758 enquiries.
Eligibility
Successful applicants regardless of their nationality or residence and who pass both the means and merits tests will be granted legal aid. They are given the services of a solicitor and, if necessary, counsel to represent them in legal proceedings conducted in Hong Kong courts.
Take-up Rate for Civil Legal Aid in 2010-2011
 |
Mrs Christina Hadiwibawa Cheung Ying-man
Assistant Principal Legal Aid Counsel /
Application and Processing (1)
|
Refusal of Legal Aid
An applicant who is refused legal aid in civil matters on either means or merits may appeal to the Registrar of the High Court. In respect of the Court of Final Appeal cases, the applicants may appeal to a Review Committee comprising the Registrar of the High Court, a barrister and a solicitor appointed respectively by the Chairman of the Hong Kong Bar Association and the President of the Law Society of Hong Kong. The decision of the Registrar or the Review Committee is final.
Refusal Rate of Civil Legal Aid Applications in 2010-2011
Success Rate of Legal Aid Appeals in 2010-2011
*Note : The figures do not include appeals withdrawn.
 |
Miss Linda Ng Wing-ping
Assistant Principal Legal Aid Counsel /
Application and Processing (2)
|
Outcome of Cases Closed in 2011
案件類別
Case Type |
取得濟助
Relief Obtained |
未能取得濟助
Relief Not Obtained |
撤回訴訟
Withdrawn |
總數
Total |
婚姻訴訟
Matrimonial |
88%(88%) |
4%(5%) |
8%(7%) |
100% |
案件類別
Case Types |
勝訴
In Favour |
敗訴
Not In Favour |
在訴訟前取消/撤回證書
Discharged / Revoked prior to Proceedings |
在訴訟進行期間應受助人的要求取消證書
Discharged at AP's Request during Proceedings |
在訴訟進行期間取消/撤回證書
Discharged / Revoked during Proceedings |
總數Total |
人身傷害申索
Personal Injuries Claims |
91%(91%) |
1%(2%) |
2%(1%) |
2%(2%) |
4%(4%) |
100% |
| - |
僱員補償申索
Employees' Compensation Claims |
92%(92%) |
1%(1%) |
2%(2%) |
2%(2%) |
3%(3%) |
100% |
| - |
人身傷害
Personal Injuries |
90%(89%) |
2%(2%) |
2%(2%) |
2%(2%) |
4%(5%) |
100% |
| - |
交通意外
Running Down |
91%(90%) |
2%(2%) |
2%(2%) |
1%(2%) |
4%(4%) |
100% |
醫療/牙科/專業疏忽
Medical / Dental / Professional Negligence |
69%(82%) |
5%(1%) |
3%(1%) |
5%(7%) |
18%(9%) |
100% |
雜類
Miscellaneous |
64%(60%) |
15%(17%) |
10%(6%) |
5%(6%) |
6%(11%) |
100% |
總數
Overall |
87%(86%) |
3%(4%) |
3%(2%) |
3%(3%) |
4%(5%) |
100% |
案件類別
Case Type |
發出呈請前已和解
Settlement before Issuing Petition |
發出清盤令/破產令
Order for Winding-up/ Bankruptcy |
呈請遭駁回(和解)
Petition Dismissed (Settled) |
擱置呈請
Petition Stayed |
呈請遭駁回
Petition Dismissed |
轉介薪酬保障組處理
Referral to Wage Security Division |
其他
Others |
總數
Total |
追討工資
(清盤/破產)
Wages Claims
(Winding-up / Bankruptcy) |
1%
(1%) |
91%
(90%) |
2%
(1%) |
2%
(3%) |
0%
(0%) |
1%
(1%) |
3%
(4%) |
100% |
*2010 figures in bracket
 |
Ms Juliana Chan Miu-kuen
Assistant Principal Legal Aid Counsel
(Kowloon Branch Office)
|
Supplementary Legal Aid Scheme
Applicants whose financial resources exceed the statutory limit of the ordinary legal aid scheme of $175,800 but is below $488,400 ($260,001 and $1.3 million with effect from 18 May 2011) may apply under the Supplementary Legal Aid Scheme (SLAS). The scope of SLAS includes claims involving personal injuries or death, medical, dental or legal professional negligence where the amount of the claim is likely to exceed $60,000. The Scheme also covers employees' compensation claims irrespective of the amount of the claim.
SLAS is self-financing and is funded by contributions paid by the applicants upon acceptance of legal aid and from percentage contributions payable by aided persons out of monies recovered in the aided proceedings. The rate of percentage contribution is 10% of the monies recovered, 6% if the case is settled before counsel is briefed to attend trial.
In 2011, SLAS received 161 applications and issued 104 legal aid certificates. An operational surplus of $0.5 million was recorded as compared with an operational deficit of $0.7 million in 2010. As at 30 September 2011, the Supplementary Legal Aid Fund had a balance of $87.6 million. For details, please refer to
Appendix 1.
Legal Aid in Criminal Cases
Criminal legal aid applications are processed by the Crime Section.
Distribution of Applications Received for Criminal Legal Aid in 2010-2011
| |
刑事法律援助申請數目
No. of Applications for Criminal Legal Aid |
|
二Ｏ一Ｏ年
2010 |
二Ｏ一一年
2011 |
增減的百分比
% Change |
裁判法院審理的交付審判程序
Committal Proceedings at Magistrates' Court |
477 |
499 |
5% |
區域法院審訊
District Court Trials |
1 602 |
1 601 |
0% |
原訟法庭審訊
Court of First Instance Trials |
484 |
483 |
0% |
由原訟法庭審理的裁判法院上訴
Magistrate's Court Appeals to the Court of First Instance |
577 |
517 |
-10% |
由上訴法庭審理的區域法院上訴
District Court Appeals to the Court of Appeal |
441 |
444 |
1% |
由上訴法庭審理的原訟法庭上訴
Court of First Instance Appeals to the Court of Appeal |
159 |
217 |
36% |
終審法院上訴
Appeals in Court of Final Appeal |
108 |
98 |
-9% |
其他
Others |
59 |
29 |
-51% |
總數
Total |
3 907 |
3 888 |
0% |
Applicants whose means exceed the statutory limit may be granted legal aid if the Director of Legal Aid is satisfied that it is desirable in the interests of justice to grant legal aid.
Distribution of Certificates Issued for Criminal Legal Aid in 2010-2011
| |
批出的刑事法律援助證書數目
No. of Certificates for Criminal Legal Aid |
|
二Ｏ一Ｏ年
2010 |
二Ｏ一一年
2011 |
增減的百分比
% Change |
裁判法院審理的交付審判程序
Committal Proceedings at Magistrates' Court |
474 |
480 |
1% |
區域法院審訊
District Court Trials |
1 534 |
1 540 |
0% |
原訟法庭審訊
Court of First Instance Trials |
481 |
487 |
1% |
由原訟法庭審理的裁判法院上訴
Magistrate's Court Appeals to the Court of First Instance |
96 |
103 |
7% |
由上訴法庭審理的區域法院上訴
District Court Appeals to the Court of Appeal |
70 |
96 |
37% |
由上訴法庭審理的原訟法庭上訴
Court of First Instance Appeals to the Court of Appeal |
58 |
68 |
17% |
終審法院上訴
Appeals in Court of Final Appeal |
16 |
16 |
0% |
其他
Others |
11 |
5 |
-55% |
總數
Total |
2 740 |
2 795 |
2% |
Take-up Rate for Criminal Legal Aid in 2010-2011
 |
Mrs Annie Williams Ka-ding
Deputy Director of Legal Aid
(Litigation)
|
Refusal of Legal Aid
If an applicant is refused criminal legal aid on merits, he can apply to the judge who may grant legal aid on his own initiative provided the applicant is eligible on means.
In 2011, there were 20 refusals on means which were also refused on merits. The Director exercised discretion and granted legal aid in 30 other cases even though the means of the applicants exceeded the limit. 13 applications were refused because the applicants concerned failed to supply the Director with the necessary information to conduct a means test.
 |
Mr Allan Chan Wing-cho
Assistant Director of Legal Aid
(Litigation)
|
For refusal in respect of an appeal to the Court of Final Appeal, the appellant may appeal to a Review Committee chaired by the Registrar of the High Court and comprising a barrister and a solicitor appointed by the Chairman of the Hong Kong Bar Association and by the President of the Law Society of Hong Kong respectively. The decision of the Committee is final. In 2011, no appeal was made to the Review Committee.
Refusal Rate of Criminal Legal Aid Applications in 2010-2011
 |
Ms Mo Yuk-wah
Assistant Principal Legal Aid Counsel
(Crime)
|
Legal Aid Electronic Services Portal
Person over the age of 18 can submit pre-application information online for non-urgent civil and criminal cases as a first step towards making an application for legal aid. To make use of this online submission procedure and to ensure confidentiality of information transmitted online, applicants must be holders of a digital certificate issued by the Hong Kong Post or Digi-Sign.
The Legal Aid Electronic Services Portal (LAESP) also has a means test calculator which allows members of the public to conduct a preliminary assessment of their eligibility on means if they apply for legal aid. Members of the public can visit the departmental website at
www.lad.gov.hk and access the means test calculator. In 2011, the means test calculator received 4 295 hits.
To facilitate and widen public access to the means test calculator, the Department has also developed a mobile means test calculator in July 2011 so that access to the calculator can be gained through mobile phones. Up to the end of 2011 the mobile version means test calculator received 451 hits.
Legal Aid Assignments and Monitoring
Assignments
Legal aid work is not distributed to counsel or solicitors on the Legal Aid Panel equally. Interest of the legally aided persons is the paramount consideration. Counsel or solicitors are selected having regard to their level of experience and expertise, the nature and complexity of the particular case, with reference to established guidelines and criteria, which include, amongst others, minimum experience requirements, past performance records and the limit on assignments of legal aid work.
Distribution of Civil and Criminal Assignments to Solicitors / Counsel in 2011
| |
大律師數目
No. of Counsel |
宗數
No. of Assignments |
*3年以下
*Below 3 Years |
*3-5年
*3-5 Years |
*6-10年
*6-10 Years |
*10年以上
*Over 10 Years |
| 1-4 |
6 |
21 |
43 |
138 |
| 5-15 |
1 |
11 |
15 |
188 |
| 16-30 |
0 |
0 |
3 |
27 |
| 31-50 |
0 |
0 |
0 |
0 |
50宗以上
Over 50 |
0 |
0 |
0 |
0 |
總數
Total |
7 |
32 |
61 |
353 |
*Years of post-call experience
| |
律師數目
No. of Solicitors |
宗數
No. of Assignments |
*3年以下
*Below 3 Years |
*3-5年
*3-5 Years |
*6-10年
*6-10 Years |
*10年以上
*Over 10 Years |
| 1-4 |
1 |
32 |
130 |
608 |
| 5-15 |
0 |
6 |
55 |
346 |
| 16-30 |
1 |
0 |
10 |
61 |
| 31-50 |
0 |
0 |
2 |
21 |
50宗以上
Over 50 |
0 |
1 |
2 |
17 |
總數
Total |
2 |
39 |
199 |
1 053 |
*Years of post-admission experience
The Department has set up the Departmental Committee on Monitoring Assignments to Counsel and Solicitors to ensure that cases are assigned in accordance with the established assignment criteria and guidelines. The Committee is chaired by the Director of Legal Aid and comprises directorate officers and a representative from the Independent Commission Against Corruption. It considers reports on the unsatisfactory performance/conduct of assigned lawyers.
In 2011, on the advice of the Committee, 2 solicitors were removed from the Legal Aid Panel and 6 solicitors/counsel were put on the Record of Unsatisfactory Performance/Conduct.
Mediation in legal aid cases
Legal aid covers mediators' fees and related expenses incurred by legally aided persons undergoing mediation in the course of the aided proceedings. In 2011, funding for mediation was approved in 646 assigned out cases, out of which 90 were matrimonial cases.
Litigation Services
In-house Civil Litigation
The Civil Litigation Section (CLS) of the Litigation Division undertakes civil litigation for aided persons whose cases have been assigned in-house.
Personal Injury Litigation
In 2011, Civil Litigation (1) of CLS took up 200 personal injuries cases including employees' compensation claims, traffic accident claims and negligence claims. Over $1 million damages were recovered for aided persons in 7 cases. Over $2 million were recovered in 2 other cases. The total amount of damages recovered was about $41.5 million.
Legal costs recovered for the professional litigation work done by our in-house officers were about $7.4 million.
 |
Ms Tse Sze-fong
Assistant Principal Legal Aid Counsel
(Civil Litigation 1)
|
Family Litigation
In 2011, the Family Unit of the Civil Litigation (2) of CLS took up a total of 1 161 family cases including divorce, maintenance, custody and property disputes. It also handled enforcement proceedings for the recovery of outstanding maintenance and costs in family cases litigated in-house.
 |
Ms Doris Lui Wai-lan
Assistant Principal Legal Aid Counsel
(Civil Litigation 2)
|
Wages Claims
The Insolvency Unit of the Civil Litigation (2) of CLS assists employees referred by the Labour Relations Office of the Labour Department to recover arrears of wages and other employment-related benefits.
It also handles the ensuing winding up or bankruptcy proceedings.
Where there is sufficient evidence to support the presentation of a petition for winding-up or bankruptcy but it is uneconomical or unreasonable in the particular circumstances to institute court proceedings, the Unit will refer the case to the Protection of Wages on Insolvency Fund Board for consideration of ex-gratia payments to the employees.
In 2011, the Insolvency Unit took out 75 winding-up and 19 bankruptcy petitions. A total of 365 cases were referred to the Protection of Wages on Insolvency Fund Board for ex-gratia payments.
In-house Criminal Litigation
In addition to processing legal aid applications for criminal cases, the Crime Section of the Litigation Division also represents legally aided persons at committal proceedings in the Magistrate's Court, plea day hearing in the District Court, listing hearings in the Court of First Instance as well as bail applications at all levels of court. It also acts as instructing solicitors in cases in the Court of First Instance, the Court of Appeal and the Court of Final Appeal.
In 2011, 81% of all criminal cases in the District Court in Hong Kong were legally aided, as were 89% of criminal cases in the Court of First Instance.
In 2011, the Crime Section handled 2 112 cases in-house:
Related Legal Support Services
Costing
The Department's Costing Unit assesses all bills of costs submitted by assigned solicitors and attends taxation hearings.
Cases handled by the Costing Unit in 2010-2011
Enforcement
The Department's Enforcement Unit (EU) handles enforcement proceedings for the recovery of judgment debts and costs in legally aided cases. In 2011, a total of 455 cases were assigned to the EU. Some cases were settled without enforcement proceedings when the judgment debtors undertook, through negotiation and production of supporting documents, to pay the outstanding amount by instalments. In 363 cases enforcement proceedings were instituted.
Of the cases where enforcement proceedings were taken by the EU, about 63.4% of them were instituted within 1 month from the date the cases were assigned to the professional officers for handling. The table below shows the length of time taken for enforcement proceedings to be commenced from the date of assignment:
In 2011:
1個月內
Within 1 month |
2個月內
Within 2 months |
3個月內
Within 3 months |
超過3個月
More than 3 months |
總數
Total cases |
| 230(287) |
105(114) |
19(25) |
9(7) |
363(433) |
| 63.4(66.3%) |
28.9(26.3%) |
5.2(5.8%) |
2.5(1.6%) |
100%(100%) |
*2010 figures in bracket
The costs and damages recovery ratio for cases with enforcement action handled by the Department and finalised in 2011 is as shown in the chart below:
