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, cases tried 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

• 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 - Subject to the passing of a means test, legal aid is granted if the Director of Legal Aid is satisfied that it is desirable in the interests of justice to do so. In appeals cases, the Director of Legal Aid must be satisfied that an applicant has meritorious grounds of appeal.

Application Procedures

An applicant who is remanded in custody may apply for legal aid through the Correctional Services Department. He can inform the prison staff that he wants to apply for legal aid, and they will help him to fill out the application form and forward it to the Legal Aid Department. In most cases, an officer of the Legal Aid Department will visit the applicant in prison to discuss the case with him.

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 financial means.

If there is no hearing date, an applicant may submit the necessary information through the Legal Aid Electronic Services Portal (LAESP) before attending the Department in person. This will reduce the time taken when making the application. 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 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 then be carefully considered by the Director whose decision shall be final.

Channel of Appeal against Refusal

The applicant has no right of appeal against a refusal to grant him legal aid on either means or merits, except where the application is for legal aid to appeal to the Court of Final Appeal.

If the case involves murder, treason or piracy with violence, he can apply to a judge for legal aid and for exemption from the means test and the payment of contribution. In all other cases, provided he passes the means test, a judge may grant him legal aid even though the Director of Legal Aid has refused the application on merits.

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