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$165,700. 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$165,700.

• 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

Applicant who has been remanded in custody may apply through the Correctional Services Department. He can tell the prison staff 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. In most cases, an officer of the Legal Aid Department will visit the applicant in prison to discuss the case with him.

Applicant not in custody may apply 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.

Applicant does not have to pay an application fee.

Normally the applicant will be informed whether legal aid has been granted within eight working days of the application for committal proceedings, and 10 working days for cases in the District Court or Court of First Instance. In appeals against sentence, applicant will be notified of the outcome within two months of the application, and in appeals against conviction, within three months.

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 towards his legal costs. 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.

If he is eligible for free legal aid, he will simply be sent a Legal Aid Certificate and he will not be required to complete a form confirming acceptance of the offer of legal aid.

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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