9 Mar 2021
Supplementary Legal Aid Scheme
The Supplementary Legal Aid Scheme provides legal assistance to the "sandwich class" whose financial resources exceed the limit allowed under the Ordinary Legal Aid Scheme, but below a certain amount.
Under the Supplementary Legal Aid Scheme, legal aid is available to claims involving the following types of cases where the claim is likely to exceed $75,000:
- personal injuries or death;
- medical, dental or legal professional negligence claims;
- professional negligence claims against certified public accountants (practising), registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorized land surveyors, registered landscape architects and estate agents;
- negligence claims against insurers or their intermediaries in respect of the taking out of the personal insurance products; and
- monetary claims against vendors in the sale of completed or uncompleted first-hand residential properties.
This scheme also covers claims brought by employees under Employees’ Compensation Ordinance and representation for employees in appeals against awards made by the Labour Tribunal, irrespective of the amount in dispute.
With effect from 1 April 2020, the Supplementary Legal Aid Scheme has been expanded to cover the following new types of cases where the claim is likely to exceed $75,000:
- professional negligence claims against financial intermediaries licensed or registered for Type 1 (dealing in securities), Type 2 (dealing in futures contracts) or Type 8 (securities margin financing) regulated activities within the meaning of the Securities and Futures Ordinance (Cap.571); and
- monetary claims in respect of derivatives of securities, currency futures or other futures contracts on the basis that the person was induced to deal in those derivatives, futures or contracts by fraud, deception or misrepresentation.
Like Ordinary Legal Aid Scheme, you have to pass the means test and the merits test.
Means Test - You will be eligible if your financial resources exceed HK$420,400 but not HK$2,102,000.
You can compute your financial resources by clicking here.
Merits Test - You need to show that you have reasonable grounds for taking proceedings.