All lawyers who advise members of the public on the free legal advice program are lawyers or qualified lawyers who join the program on a voluntary basis. Typically, the pro bono duty counsel will provide timely oral legal advice to help the client understand the nature of the problem, their rights and obligations under the law, and the avenues available for resolution. The consultation usually lasts about 20 to 30 minutes. The advice is general and provisional. The pro bono lawyer cannot be expected to engage in a full analysis of the merits of a complicated case or to offer in-depth advice. However, if you receive legal aid in the middle of the proceedings, you may be held personally liable for the legal costs of the successful opponent incurred before legal aid was granted. It is therefore in your best interest to seek legal aid as soon as possible. Answer 1: Mr. Zhang is eligible for free preliminary legal advice from the duty counsel Service`s free legal advice program. However, this program does NOT provide legal representation in court proceedings. The free legal assistance program is offered by The Duty Lawyer Service.
It gives people free preliminary legal advice about their legal status in real cases. Other services: The Duty Lawyer Scheme also provides legal representation to (1) eligible persons who are prosecuted for presenting incriminating evidence at a coroner`s inquest; (2) street vendors who appeal the decision not to issue peddlers` permits to the Municipal Services Appeal Board; and (3) eligible persons against whom extradition proceedings are initiated. Any person, whether resident in Hong Kong or not, involved in the above-mentioned legal proceedings may apply for legal aid. Legal aid is granted if the applicant is able to meet the legal criteria relating to financial eligibility and the merits of initiating or defending legal proceedings. Question 11: Mr. Zhang also wants to sue a local newspaper that falsely claimed he came to Hong Kong to work illegally. Can he obtain legal aid to initiate proceedings? Answer 11 Answer 2: Any request for legal representation at future hearings is subject to a financial needs test. In general, the application will be accepted if Mr. Mo`s gross annual income does not exceed $197,040 (or $16,420 per month).
However, if the Duty Counsel Services Administrator is satisfied that it is in the interests of justice to do so, he or she may provide legal representation even if Mr. Mo`s gross annual income exceeds $197,040. How to calculate legal aid contributionsFinancial information Please click here to see the contribution key to obtain civil legal aid under the normal regime. To pass the means test, your gross annual income must not exceed $197,040 (i.e. $16,420 per month). However, if the duty counsel administrator is satisfied that this is in the interests of justice, they can provide legal representation even if you cannot pass the resources test. In addition to the legal merits of the applicant`s arguments, the Director of Legal Aid must also be satisfied that it is appropriate for the applicant to receive legal aid. For example, legal aid may be refused if the opposing party has no valuable property or cannot be located, so that a judgment obtained cannot be enforced in practice.
Legal aid may also be refused if no reasonable person pays out of pocket to appoint a lawyer to handle the case because that is the case or because he would derive only a minor benefit. However, if you want legal representation for a later court appearance, you must go through the means test and complete an affidavit. You may need to provide documentation of your financial situation, such as: Question 1: Mr. Mo doesn`t know what to do. Can Mr. Mo get free legal advice or representation for this morning`s hearing? Answer 1 In general, you do not have to be personally liable for legal costs incurred by the other party after legal aid is granted. The Law Society will offer up to 45 minutes of free advice to victims of the incident who wish to obtain legal advice on their compensation claims. Victims or a relative (who must be at least 18 years old) on behalf of the victim can inquire by calling 8200 8002 and providing the operator with the following information: Answer 3: Mr. Mo can no longer obtain legal representation under the duty counsel program because it is not available in the district court. However, Mr. Mo may apply for free or subsidized legal representation from the Legal Aid Department`s Legal Aid Programme. Under the Regulations, legal aid is granted, subject to verification of financial resources, if the Director of Legal Aid is satisfied that it is desirable in the interests of justice.
A person is presumed innocent until proven guilty and, therefore, the interests of justice generally require legal representation for an accused who cannot afford the legal fees associated with hiring private lawyers to deal with a criminal complaint. Legal aid is therefore normally granted to an accused person for the processing of a criminal complaint, provided that he or she can satisfy the financial resources test. In other words, there is no review of cases that need to be considered for an inspection procedure or for hearings before the District Court or the High Court. For example, if (1) you win the case in court and receive $2 million in damages plus $300,000 in legal fees, (2) the actual legal costs incurred by the Director of Legal Aid for your case are $400,000, and (3) you have paid the $1,000 application fee and the interim contribution of $76,783, Then the net amount you can receive is $1,777,783. Answer 11: No. Mr. Zhang`s proposed action is a defamation suit against the newspaper. However, neither legal aid scheme covers the allegation of defamation. Mr. Zhang may seek legal advice or representation from the Bar Free Legal Service Scheme of the Hong Kong Bar Association. The administrative wing of the Office of the Secretary-General for Administration has launched a programme of free legal advice in civil proceedings for parties involved in legal proceedings before district or higher courts that have not benefited from legal aid.
For more details, please click here. However, if an applicant has been convicted and wishes to receive legal aid on appeal, the Director of Legal Aid must also ensure that the applicant has well-founded grounds for appeal. In other words, in appeal cases, the applicant must comply with both the resources test and the merits test. If you pass the resource test and are offered legal aid, you may have to contribute to the costs and expenses according to your financial resources. To meet the means test, the applicant`s financial resources must not exceed HK$420,400. Legal aid is normally not granted if the applicant`s financial resources have exceeded the ceiling. However, it is the responsibility of the Director of Legal Aid to grant legal aid if it is in the interests of justice, even if the applicant`s financial resources exceed the limit. This may depend on the seriousness of the offence and whether the applicant can reasonably be expected to be able to pay the legal costs of private legal representation without legal aid. If the applicant has received legal aid in the proceedings but loses his case, the court normally orders that the court costs of the successful defendant (incurred after the applicant has obtained legal aid) be borne by the Director of Legal Aid. If the defendant has received legal aid but loses his case, neither the defendant nor the Director of Legal Aid is generally liable for the costs of the successful claimant. Although the Legal Aid Department is a ministry, it has a long-established practice of being managed in an independent and impartial manner. The role of the Legal Aid Department is to provide legal assistance to qualified candidates and to uphold professional standards and ethics.
In addition, there is a statutory body called the Legal Aid Services Board, which would oversee the administration of legal aid services of the Legal Aid Department. Question 3: At the next hearing, at the request of the prosecutor, the judge orders the referral of Mr. Mo`s case to the District Court. Can Mr. Mo continue to receive free or subsidized legal representation for subsequent trials in a district court? Answer 3 This calculator gives you a preliminary indication of whether or not free or subsidized legal assistance is available. The Bar Free Legal Service Scheme aims to provide free legal advice and representation in court proceedings (1) where legal aid is not available; 2. if the applicant cannot reasonably afford to pay for private legal services; and (3) the applicant has reasonable grounds to commence or defend the proceeding.