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Legal Aid in Civil Cases

Ordinary Legal Aid Scheme

Scope

The Ordinary Legal Aid Scheme covers civil proceedings in the District Court, the Court of First Instance, the Court of Appeal, the Court of Final Appeal, certain coroners inquests, as well as application to the Mental Health Review Tribunal. The types of cases include:

  • matrimonial cases
  • traffic accident claims
  • landlord and tenant disputes
  • claims in respect of industrial accidents
  • employees' compensation
  • immigration matters
  • breach of contract
  • professional negligence
  • seamen's wage claims
  • employees' wages and severance pay
  • Mental Health Review Tribunal cases
  • Coroners inquests involving interests of public justice


Eligibility Criteria

To qualify for legal aid, an applicant must pass the means test and merits test:

  • Means test - the financial resources of the applicant should not exceed the upper financial limit. The current limit is HK$175,800. The Director of Legal Aid may waive the upper financial eligibility limit in meritorious cases where a breach of the Hong Kong Bill of Rights Ordinance or an in-consistency with the International Covenant on Civil and Political Rights as applied to Hong Kong is an issue.

    • You can work out your financial resources by clicking here.

  • Merits test - the applicant should have reasonable grounds for taking or defending proceedings.

 

Supplementary Legal Aid Scheme

The Supplementary Legal Aid Scheme provides legal assistance to "the sandwich class" whose financial resources exceed the upper limit allowed under the Ordinary Legal Aid Scheme, but nevertheless cannot afford the cost of court proceedings.


Scope

Under the Supplementary Legal Aid Scheme, legal aid is available to claims involving personal injury and death, or medical, dental and legal professional negligence, where the claim for damages exceeds or is likely to exceed $60,000. It also covers claims under Employees’ Compensation Ordinance irrespective of the amount claimed.


Eligibility Criteria

Like Ordinary Legal Aid Scheme, applicants of the Supplementary Legal Aid Scheme have to pass the means test and the merits test.

  • Means test - the financial resources should be above HK$175,800 but not exceeding HK$488,400.

  • Merits test - there should be reasonable grounds for taking proceedings.

 

Application Procedures

Prior to the making of an application for legal aid, an applicant should provide the Director of Legal Aid with sufficient information about his means and the case to which the application relates. An applicant can do this either in person or through the Legal Aid Electronic Services Portal (LAESP).

1.In Person
  
 Applicant can attend the office of the Legal Aid Department at:
 
  • 24/F Queensway Government Offices, 66 Queensway, Hong Kong (near Queensway MTR Station) or;
  • G/F, Mongkok Government Offices, 30 Luen Wan Street, Kowloon (adjacent to Mongkok East MTR Station).
 to collect a designated form and a case questionnaire for completion and return by post or in person.
  
2.Through the Legal Aid Electronic Services Portal (LAESP)
  
 For non-urgent cases, applicant can submit the required information through the LAESP.
 Once entering the LAESP, an applicant can choose the type of case for which legal aid is to be applied for and then download the appropriate pre-application form for completion and submission online after responding to some key questions. Following submission online, the Department will acknowledge receipt of the information and furnish a transaction number to the applicant for reference. The applicant will also be notified of a date to attend the Department to deal with the formalities of a legal aid application. For access to LAESP, please click here.
 Applicants must be at least 18 years old to make use of LAESP for submission of pre-application information and must have an electronic certificate which protects the confidentiality of the information submitted online. For information on electronic certificates, please visit the Hongkong Post website at www.hongkongpost.gov.hk.

When the Director of Legal Aid considers that the information supplied either in person or through LAESP is sufficient, the applicant will be given an appointment to apply for legal aid.

There is no application fee payable unless the application is under the Supplementary Legal Aid Scheme.

On the day of the appointment for the application of legal aid, the applicant will be means tested. The applicant may also be asked to give a detailed statement concerning his case for the purpose of determining the merits of his application.

While processing an application for legal aid, it may be necessary for the Department to obtain information from third parties. When all the relevant information is collected, the lawyer handling the application will determine whether legal aid should be granted.

If however the case is urgent, the applicant must attend the Department’s office and inform the staff that the case is urgent. The Department will accord priority for an early application to be made.


GRANT OF LEGAL AID

When the application is successful and legal aid is to be granted, the applicant should read the terms of the offer very carefully, especially those concerning the amount of his contribution and the Director of Legal Aid's First Charge. (Please refer to Legal Aid Contributions.) If the terms of offer of legal aid are acceptable to the applicant, he has to sign and date the Acceptance Form and return it to the Department together with the contribution payment, if required, within 14 days of the date of the offer. Upon receipt of the Acceptance Form, a Legal Aid Certificate will be issued to the applicant and a lawyer will be assigned to conduct his case.

Once legal aid is granted, the applicant should not speak to the opposite parties or their legal representatives about the case or accept money in settlement of his claim without first consulting his assigned lawyer and notifying the Director of Legal Aid.


Choice of Solicitors

If the Director decides not to act for an aided person, he can nominate a lawyer on the Legal Aid Panel to act for him. If the choice of the applicant is considered not suitable, the Director will discuss the matter with him. Or if the applicant prefers, the Director can select a lawyer on his behalf.


Appeals against Decisions

An applicant who is refused legal aid or an aided person who is aggrieved by any order or decision of the Director of Legal Aid (such as discharge of legal aid) may appeal to the Registrar of the High Court; or in Court of Final Appeal cases, to a Review Committee made up of the Registrar of the High Court and a representative each of the Bar Association and the Law Society of Hong Kong. The decision of the Registrar or the Review Committee is final.

Before their appeals are heard, appellants are given written reasons for refusal.

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