4. Free Legal Advice Scheme

4.1 The object of the Legal Advice Scheme is to provide, without means testing, free preliminary legal advice to members of the public who would not normally be able to afford fees for professional legal advice.

4.2 The aim of the Legal Advice Scheme is for volunteer lawyers to give one-off legal advice to help clients to understand the nature of their problems, their rights and obligations under the law and the channels available for resolution. Advice given is of a general nature. Lawyers do not embark on a full analysis of the merits of the case or provide a full solution.

4.3 At present, appointments can be made to see a volunteer lawyer at any of the 9 District Offices of the Home Affairs Department in which free Legal Advice Scheme operates advice sessions. They are situated in Shatin, Tsuen Wan, Kwun Tong, Yau Tsim Mong, Wanchai, Central & Western, Islands, Eastern and Wong Tai Sin. With the exception of the District Office in Wanchai which operates twice a week, the other 8 District Offices operate once a week (Appendix C-1). Members of the public can make appointments to see volunteer lawyers through one of the 29 referral agencies (153 branches). Members of public seeking free legal advice (Appendix C-2) are also referred to these 9 District Offices by referral agencies listed at Appendix C-3. Referrals by such large number of agencies ensure that this service is brought to the attention of all those who required such service throughout the territory.

4.4 Clerical staff at the District Offices and referral agencies conduct preliminary interviews with the clients and prepare case summaries for transmission to the Duty Lawyer Service for processing and dispatch to volunteer lawyers. The Duty Lawyer Service arrange for volunteer lawyers to attend the advice session held at the District Offices.

4.5 Much of the advice sought are civil in nature and are complex but involving small monetary amounts. They are classified into the following 9 main areas:

1. Matrimonial;
2. Landlord and tenant;
3. Employment;
4. Estate Administration;
5. Commercial and property disputes (including simple contract matters, loans);
6. Criminal;
7. Personal injuries;
8. Bankruptcy;
9. Debts.

For about 10 years, matrimonial problems had accounted for the largest number of cases until 1998 when they were overtaken by commercial and property disputes. (Appendix C-4).

4.6 Legal advice is provided by the pro bono service of volunteer lawyers rostered by the Legal Advice Scheme. The list of volunteer lawyers (Appendix A-5) includes 918 lawyers participating and 729 providing legal advice. Of these 918 lawyers, 438 are barristers, 445 are solicitors, 17 are Government lawyers and 18 are in-house lawyers (Appendix A-5). A total of 6,429 cases were handled during the year (Appendix C-4).

4.7 Since 1991, the Legal Advice Scheme has been extended to assist the free Legal Advice Booths at the annual "Law Week" held by the Law Society of Hong Kong.

4.8 The Legal Advice Scheme also assists other voluntary organizations by making arrangements for volunteer lawyers to provide legal advice in similar schemes independently run by the Hong Kong Federation of Women's Centres, Hong Kong Federation of Women and Action for Reach Out.

4.9 The Women's Centres Free Legal Advice Clinic has been in operation under the Legal Advice Scheme since January 1992. The clinic is currently situated at Lai Lan House, Lai Kok Estate, Kowloon. The Clinic is open every Tuesday evening and specializes in matrimonial and domestic matters. Clients are referred to the clinic by the Hong Kong Federation of Women's Centres Women's Help-line service. There were 49 volunteer lawyers of the Legal Advice Scheme participating in this clinic. During the year, 251 clients were given free legal advice at the centre.

4.10 The Legal Advice Scheme provided assistance to the Free Legal Advice Hotline set up by the Hong Kong Federation of Women since 15th November 1998. The Hotline provides legal advice on family, properties, probate and bankruptcy matters and operates on weekdays from 10 a.m. to 6.00 p.m. and on Saturdays from 10 a.m. to 1 p.m. Appropriate cases are referred to volunteer lawyers for interview and advice. There are 17 lawyers of the Legal Advice Scheme participating on its roster were members of the Legal Advice Scheme. During the year, 131 clients were given free legal advice.

4.11 The Legal Advice Scheme was also extended on 12th November 2003 to the Free Legal Advice Clinic set up by Action for Reach Out which operates 2 sessions in 2007 providing legal advice to female sex workers. There are 2 lawyers participating on its roster who were members of the Legal Advice Scheme. During the year, 9 clients were given free legal advice.

4.12 In early 2002, at the invitation of the Government, a pilot scheme was introduced under which the law students participated in the Legal Advice Scheme of the Duty Lawyer Service at two District Offices The primary duty of the law students was to conduct interviews for consideration by the volunteer lawyers. At the request of the University of Hong Kong, the Duty Lawyer Service has also since 1998 been making arrangements for law students to attend the advice sessions with the volunteer lawyers at the District Offices. Their presence is subject to the consent of volunteer lawyers and clients.