Scope of Services

• (1)Processing of Legal Aid Applications

  Aim

  The aim is to ensure that legal aid service is provided only to eligible applicants.

  Brief Description

  • The Application and Processing Division assesses the applicant's eligibility for civil legal aid on means and on merits. The Division also assesses the amount of contribution payable by the applicant. Criminal legal aid applications are assessed by the Crime Section.
    
    
  • The current limit of an applicant's financial resources for both civil and criminal legal aid is $440,800. A self-financing Supplementary Legal Aid Scheme provides civil legal aid to those whose financial resources exceed the current ceiling but are not over $2,204,030. Under the Supplementary Legal Aid Scheme, legal aid is available to claims involving the following types of cases where the claim is likely to exceed $75,000:
    
    (i) personal injuries or death;
    
    (ii) medical, dental or legal professional negligence claims;
    
    (iii) professional negligence claims against certified public accountants (practising), registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorized land surveyors, registered landscape architects and estate agents;
    
    (iv) negligence claims against insurers or their intermediaries in respect of the taking out of the personal insurance products; and
    
    (v) monetary claims against vendors in the sale of completed or uncompleted first-hand residential properties.
    
    This scheme also covers claims brought by employees under Employees’ Compensation Ordinance and representation for employees in appeals against awards made by the Labour Tribunal, irrespective of the amount in dispute.
    
    With effect from 1 April 2020, the Supplementary Legal Aid Scheme has been expanded to cover the following new types of cases where the claim is likely to exceed $75,000:
    
    (i) Professional negligence claims against financial intermediaries licensed or registered for Type 1 (dealing in securities), Type 2 (dealing in futures contracts) or Type 8 (securities margin financing) regulated activities within the meaning of the Securities and Futures Ordinance (Cap.571); and
    
    (ii) Monetary claims in respect of derivatives of securities, currency futures or other futures contracts on the basis that the person was induced to deal in those derivatives, futures or contracts by fraud, deception or misrepresentation.
    
    
  • The Director may waive the eligibility limit in meritorious cases in which a breach of the Hong Kong Bill of Rights Ordinance or an inconsistency with the International Covenant on Civil and Political Rights is an issue but the applicant is required to pay a contribution.
    
    
  • Under Rule 15(2) of the Legal Aid in Criminal Cases Rules, the Director may grant legal aid in criminal cases even if an applicant's financial resources exceed the eligibility limit if the Director is satisfied that it is desirable in the interests of justice to do so.
    
    
  • A merits test will be carried out to ensure that an applicant has reasonable grounds for litigation or defending in civil cases. For criminal cases in the District Court and the Court of First Instance, legal aid will be granted if it is in the interests of justice to do so. For criminal appeal cases, legal aid will be granted if there are reasonable grounds for appeal and it is in the interests of justice to do so.
    
    
  • There are provisions for appeal against the Director's refusal to grant legal aid in civil cases, on means or on merits.
    
    
  • If legal aid application in criminal case is refused on merits, the judge hearing the case may grant legal aid provided the applicant is eligible on means. If legal aid is refused on means in cases involving an offence endangering national security the maximum penalty for which is life imprisonment, murder, or an offence under section 19 of the Crimes Ordinance (piracy with violence), the judge hearing the case may grant legal aid to the applicant and exempt him from the means test and payment of contribution. If the application, be it civil or criminal, is for appeal to the Court of Final Appeal and is refused, the applicant may apply to a Review Committee made up of the Registrar of the High Court and a representative each of the Hong Kong Bar Association and the Law Society of Hong Kong for a review.

• (2)Litigation Services

  Aim

  The aim is to discharge statutory duties relating to legal proceedings with high professional standards.

  Brief Description

  Assigning out and monitoring of cases

  The Application and Processing Division and the Crime Section of the Litigation Division regularly and systematically monitor cases assigned to private practitioners.

  In-house litigation

  1. Civil litigation
     
     
     • (a)
       Personal Injury and miscellaneous litigation:
       Represents legally aided persons in their claims for compensation under the Employees' Compensation Ordinance, damages for personal injuries or death involving negligence of others, damages for professional negligence and arrears of wages for seamen.
     • (b)
       Matrimonial:
       Litigates cases for legally-aided persons by taking or defending proceedings for dissolution of marriage/ancillary and other relief.
  2. Criminal litigation

     Represents legally aided persons at committal proceedings in the Magistrates’ Court, plea day hearings in the District Court, bail applications at all levels of courts, and also acts as instructing solicitors in the trials and appeals in the Court of First Instance, the Court of Appeal and the Court of Final Appeal.

• (3)Legal Support

  Aim

  The aims are to provide effective support services before and after litigation and to review/make recommendations to the government on legal aid policy to meet areas of perceived need and to achieve better value for money.

  Brief Description

  Legal support in terms of services before and after litigation includes:

  • Costing - dealing with assessment of costs, preparation of bills of costs/lists of objections and attending taxation hearings;
  • Enforcement - dealing with the enforcement of unsatisfied judgments and orders;

  In the area of policy and legislation, constant effort is made to improve the practical working of the legal aid scheme; to increase the department's efficiency and productivity; to make recommendations on any change in legal aid legislation; and to comment on other legislations which may have an impact on the provision of legal aid services.