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Ordinary
Legal Aid Scheme in Civil Cases
An
applicant whose financial resources are assessed to be between
HK$20,001 and HK$165,700 is required to pay a sum by way of
contribution upon acceptance of the offer of legal aid. The
sum required to be paid is determined by reference to the
probable costs of the proceedings for which legal aid is offered
and will not exceed the amount of contribution calculated
according to the aided person's financial resources. Where
the costs of proceedings are estimated to exceed the amount
of contribution payable by an aided person, he is required
to pay the contribution in full. The amount of contribution
ranges from HK$1,000 to HK$41,425 depending on the aided person's
financial resources. (Please view our publications
on calculation of financial resources and contributions.)
The
scale of contribution is as follows:
Scale
of Contribution
Financial
Resources
(HK$) |
Contribution
Rates |
Contributions
(HK$) |
| 0-20,000
|
- |
- |
| 20,001-40,000
|
- |
1,000 |
| 40,001-60,000
|
- |
2,000 |
| 60,001-80,000 |
5% |
3,000-4,000 |
| 80,001-100,000 |
10% |
8,000-10,000 |
| 100,001-120,000 |
15% |
15,000-18,000 |
| 120,001-144,000 |
20% |
24,000-28,000 |
| 144,001-165,700 |
25% |
36,000-41,425 |
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 with the help of
legal aid.
Applicants
are required to pay a non-refundable application fee of HK$1,000.
Upon
acceptance of legal aid, applicants are required to pay an
interim contribution of HK$41,425. 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 his claim and will not be refunded unless there is a surplus
after payment of such costs. 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
a barrister is instructed for the trial, 6% of the damages
recovered will instead be deducted. In addition, the applicant
will also be required to pay all legal costs expended on his
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.
Legal Aid in Criminal Cases
Contribution
payable by an applicant under the Criminal Legal Aid Scheme
will be determined in the same manner as for an applicant
under the Ordinary Legal Aid Scheme.
If
the Director exercises his discretion to grant legal aid even
though the applicant's financial resources exceed the statutory
limit of HK$165,700, the contribution that the applicant is
required to pay will be a percentage of his assessed financial
resources ranging from 30% - 67%.
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