Self financing scheme funded by the contribution by applicants In his address

Self financing scheme funded by the contribution by

This preview shows page 31 - 35 out of 42 pages.

Self-financing scheme funded by the contribution by applicants In his address to the Opening of the Legal Year 2013, Dieter Yih, the President of the Law Society: “Citizens are finding it harder and harder in accessing justice as evidence by the increasing number of litigants in person before the courts. The number of unrepresented civil cases in both High Court and District Court remains high at the ranger of 40% to 52% respectively throughout the past 10 years. Further, the financial eligibility limits remain low and fail to keep pace with inflation , as a result of which a significant portion of the ‘sandwich class’ is excluded .” 61 62
Image of page 31

Subscribe to view the full document.

32 Criminal Legal Aid Criminal cases: Committal proceedings in the Magistrates' Court, cases tried in the District Court and the CFI, all criminal appeals, review of sentence by CA. Legal aid is not available in the Magistrates' Court for cases other than committal proceedings – should use Duty Lawyer Scheme at the appropriate Magistrates' Court. Means test: Financial resources not exceeding HK$307,130 Means test may be waived in the interest of justice. Merits test: In the interest of justice to provide legal aid – the Widgery Criteria Criminal Legal Aid The non-exhaustive factors to be taken into account under the Widgery Criteria are as follows (as summarised in Legal Aid in Hong Kong, p.155): (1) sentence would likely deprive the accused of his liberty or lead to loss of livelihood or serious damage to reputation (2) substantial question of law involved (3) the accused may be unable to understand the proceedings or to state his own case because of inadequate knowledge of the official languages, mental illness or other mental or physical disability (4) defence involves the tracing and interviewing of witnesses or expert cross-examination of a witness (5) in the interests of someone other than the accused 63 64
Image of page 32
33 Grant of Legal Aid and Appeal If legal aid is granted, the case will be handled by in- house litigation lawyers of the LAD or barristers and solicitors in private practice on the Legal Aid Panel. Legal aid has no ceiling on individual cases. Appeal against refusal to grant Legal Aid (in civil cases): to Registrar of the High Court; in CFA cases to a Review Committee. A High Court judge may overrule a refusal to grant legal aid in criminal cases involving an accusation of murder, treason or piracy. Source: rthk.hk 65 66
Image of page 33

Subscribe to view the full document.

34 Legal Aid Services Council An independent statutory body set up by the Legal Aid Services Council Ordinance (Cap.489) in 1996 to oversee the Legal Aid Department’s administration of legal aid services and to advise the Chief Executive on legal aid policy , including the feasibility and desirability of the establishment of an independent legal aid authority . Legal Aid Services Council In April 2013, the Council recommended that legal aid be removed from the Home Secretary’s portfolio and placed again under the Chief Secretary.
Image of page 34
Image of page 35
  • Spring '15

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes