Scope

To provide the services of a solicitor and, if necessary, a barrister to represent an accused person, in committal proceedings in the Magistrates' Court, appeals from the Magistrates' Court, trials in the District Court and the Court of First Instance of the High Court, and appeals to the Court of Appeal of the High Court or the Court of Final Appeal.

Legal aid is not available in the Magistrates' Court for cases other than committal proceedings. If a person is charged with an offence in the Magistrates' Court, he should visit the liaison officer of the Duty Lawyer Scheme at the appropriate Magistrates' Court.

Eligibility Criteria

• An applicant passes both means test and merit test is eligible for legal aid.

• Means test - The financial resources of the applicant should not exceed the limit permitted for legal aid, i.e. HK$175,800. However, in the interests of justice, the Director of Legal Aid has the discretion to grant legal aid even if an applicant's financial resources exceed HK$175,800.

  You can work out your financial resources by clicking here.

• Merits test – For trials in the District Court and the Court of First Instance, legal aid will be granted if it is desirable in the interests of justice to do so. For appeals cases, you must have valid grounds for appeal with a reasonable prospect of success.

Application Procedures

An applicant who is remanded in custody may apply for legal aid through the Correctional Services Department. He can inform the staff of the Correction Services Department that he wants to apply for legal aid, and they will help him fill in the application form and forward it to the Legal Aid Department. An applicant who is not in custody may apply for legal aid in person at the Department’s Headquarters at 25/F, Queensway Government Offices, 66 Queensway, Hong Kong. He should bring along all documents relating to his case and his means, such as bank books, salary slips, rental receipts, mortgage repayment schedule, salaries tax assessment, proof of Comprehensive Social Security Assistance (CSSA).

Apply online

If an applicant is over 18 and the hearing date is not yet fixed, he can use his electronic certificate to forward the pre-application information online through the Legal Aid Electronic Services Portal (LAESP) at our website at www.lad.gov.hk. The use of an electronic certificate protects the confidentiality of the information submitted. 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.

For information on electronic certificate, please visit the Hongkong Post website at www.hongkongpost.gov.hk.

Choice of Solicitor or Barrister

The applicant may request the Director to assign a solicitor or barrister on the Legal Aid Panel to act for him. His request will be carefully considered by the Director.

Channel of Appeal against Refusal

An applicant has no right of appeal against a refusal to grant him legal aid on either means or merits, unless the application relates to an appeal to the Court of Final Appeal. If his legal aid application to appeal to the Court of Final Appeal is refused, the applicant may apply to Review Committee which is 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 Review Committee is final.

If legal aid is refused in cases involving murder, treason or piracy with violence, he can apply to a judge for granting of legal aid as well as exemption from the means test and payment of contribution. In all other cases where legal aid has been refused on merits, a judge may on his own initiative grant legal aid to the applicant provided he passes the means test.

Warning

An applicant may commit a criminal offence if he makes false statement in order to obtain legal aid. This will lead to the cancellation of his Legal Aid Certificate whereupon he will be required to pay back the costs and expenses incurred by the Department.

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