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$165,700. 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.

• 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$165,700 but not exceeding HK$460,300.

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

Application Procedures

The applicant can apply at:

• The Department's Hong Kong Office at 24/F Queensway Government Offices, 66 Queensway, Hong Kong (near Queensway MTR Station) or;

• Its Kowloon Branch Office at G/F, Mongkok Government Offices, 30 Luen Wan Street, Kowloon (adjacent to Mongkok KCR Station).

Applicant will be given an appointment for an interview and a checklist of all the documents that he needs to bring along with him. He does not have to pay an application fee unless he is making an application under the Supplementary Legal Aid Scheme. (Please refer to Fees & Contributions.)

If the case is urgent, the applicant should bring it to the attention of the staff of the Department when applying for legal aid.

On the day of interview, the applicant should bring along all documents relating to his case and his means (for example, bank books, salary slips, rent receipts, mortgage repayment schedule, salaries tax assessment, proof of Comprehensive Social Security Assistance (CSSA), etc).

During the interview, the applicant will be means tested. He will also be asked to give a statement concerning his case so that the Department can determine its merits (the "merits" test). In most cases both the statement taking and means assessment can be done on the same day.

In some cases, it may be necessary to obtain additional information from third parties such as other government departments or public bodies for the purpose of determining the merits of his case. Once all the information has been collected, the lawyer in charge of his case will decide whether legal aid should be granted.

When the applicant is granted legal aid, he should read all the terms of the offer very carefully, especially the part concerning the amount of his contribution and the Director of Legal Aid's First Charge. (Please refer to Fees & Contributions.) If the terms are acceptable, he must sign and date the form and return it to the Legal Aid Department within 14 days.

If he accepts the offer of legal aid, he will be issued with a Legal Aid Certificate which confirms that he has been granted legal aid.

Once he has been granted legal aid, he must not talk to the opposite party or their representative about the case or accept money in settlement of his claim without first consulting the lawyer assigned to represent him 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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