Supplementary Legal Aid Scheme

The Supplementary Legal Aid Scheme is a self-financing scheme and is funded by contribution paid by an applicant upon acceptance of legal aid and contribution deducted from the damages or compensation recovered in the proceedings.

For (i) claims arising from personal injuries or death; (ii) employees’ compensation claims; and (iii) representation for employees in appeals against awards made by the Labour Tribunal, you are required to pay a non-refundable application fee of $1,000.

Upon acceptance of legal aid, you are required to pay an interim contribution of $110,200.

For (i) claims arising from personal injuries or death; and (ii) employees’ compensation claims :

If the proceedings are successful, 10% of the damages recovered will be deducted and paid into the Supplementary Legal Aid Fund. If the case is settled before the date of commencement of the trial /counsel is briefed to attend trial, 6% of the damages recovered will instead be deducted.

For (iii) representation for employees in appeals against awards made by the Labour Tribunal :

If the proceedings are successful, 10% of the damages recovered will be deducted and paid into the Supplementary Legal Aid Fund. If the case is settled before the date of commencement of the appeal hearing in the Court of First Instance /counsel is briefed to attend the hearing, 6% of the damages recovered will instead be deducted.

In addition, you will also be required to pay all legal costs expended on your behalf (including costs which cannot be recovered from the opposite party) out of the damages recovered. However, the total sum deducted will be reduced by the application fee and interim contribution already paid.

For the following types of cases, you are required to pay a non-refundable application fee of $5,000 :

(i)	medical, dental and legal professional negligence claims;
(ii)	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;
(iii)	negligence claims against insurers or their intermediaries in respect of the taking out of personal insurance products;
(iv)	monetary claims against vendors in the sale of completed or uncompleted first-hand residential properties;
(v)	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
(vi)	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.

Upon acceptance of legal aid, you are required to pay an interim contribution of 10% of your assessed financial resources or $110,200, whichever is the higher.

If the proceedings are successful, 20% of the damages recovered will be deducted and paid into the Supplementary Legal Aid Fund. If the case is settled before the date of commencement of the trial/counsel is briefed to attend trial, 15% of the damages recovered will instead be deducted. In addition, you will also be required to pay all legal costs expended on your behalf (including costs which cannot be recovered from the opposite party) out of the damages recovered. However, the total sum deducted will be reduced by the application fee and interim contribution already paid.

If the proceedings for which legal aid is granted are unsuccessful, the interim contribution paid will be used towards the payment of legal costs incurred for your claim and will not be refunded unless there is a surplus after payment of such costs.