by inequalities in wealth or power c The principle of equality of arms means

By inequalities in wealth or power c the principle of

This preview shows page 44 - 46 out of 81 pages.

by inequalities in wealth or power c. The principle of “equality of arms” means that there should be a level playing field in the adversarial process, in order to secure the important goal of fair procedures (money should not affect quality of argument) 3. To ensure the right of fair hearing (BOR 10,11) a. Equal before the court+ entitle to public and fair hearing by a competent, independent and impartial tribunal established by law b. In the determination of any criminal charge , everyone shall be entitled to …defend himself in person or through legal assistance of his own choosing; to be informed of his right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; ... HKSAR v Wu Wai Fung [2003] 4 HKC 259: - No absolute right to legal representation at public expense for every criminal trial - Consider Nature and seriousness of the offence Complexity of the case (from the perspective of the laymen who has to defend himself personally) Gravity of penalty
Image of page 44

Subscribe to view the full document.

Defendant’s ability to afford service and legal representation Current legal aid measure Legal Aid (provided by hk legal aid department) Ordinary legal aid scheme Criminal legal aid Supplementary legal aid scheme Duty Lawyer Service Duty lawyer scheme Free legal advice scheme Convention against torture and non-refoulement claims scheme HK solicitor’s guide to professional conduct (4.01) - owes a professional duty to “give his client the best information he can under the circumstances about the likely costs of the matter…discuss with client how the costs and disbursement are to be met and consider whether the client may be eligible and should apply for legal aid or assistance of the Duty Lawyer Service” 1.Ordinary Legal Aid Scheme (for civil cases)(target poor people) - scope: matrimonial, personal injury, breach of contract etc - means test : financial resources limitation (~HKD 3000000)(Legal aid ordinance) discretion to waive limit in BOR/ ICCPR cases - merits test : Reasonable grounds for taking or defending proceedings, prospect of success sufficiently substantial 2.Supplementary Legal Aid Scheme (civil claims) - Assist members of the “sandwich class” - Scope:personal injury, professional negligence etc - Self-financing scheme funded by contribution by applicants - Means test: financial resources limitation (300000-1500000) - Merits test Problems: - The financial eligibility limits remain low and fail to keep pace with inflation - Significant portion of sandwich class is excluded 3.Criminal Legal Aid (criminal cases) - Available for committal proceedings in the MC, trials in DC, CFI, appeals, reviews of sentence by CA - Means test (same as ordinary legal aid scheme) may be waived by the Director if he believes it is “in the interest of justice” - Merits test ( whether it is “in the interest of justice” to provide legal aid – the Widgery Criteria Z v Director of Legal Aid [2011] 4 HKLES 362, 371
Image of page 45
Image of page 46
  • 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