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  The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.



(55) PUBLIC LEGAL ASSISTANCE IN CIVIL CASES

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There are two main sources of public legal assistance. They are the Legal Aid Department and the Duty Lawyer Service.

The Legal Aid Department, which is part of Government, provides legal representation in court in civil and criminal cases. Civil legal aid is available in most types of cases. To qualify, an applicant must satisfy the Department that there is a reasonable chance of succeeding in his case and that he meets the means criteria.

If you have disposable financial resources of not more than $169,700 you are financially eligible. Disposable financial resources means your annual income plus capital. Legal aid is provided free or on payment of a contribution, depending on the amount of your total financial resources.

If you are an aided person and all legal aid costs are recovered in the proceedings, then any contribution you may have paid will be refunded. If you lose your case, you are liable to pay only your contribution, if any.

Application should be made directly to the Legal Aid Department at 24/F, Queensway Government Offices, High Block, 66 Queensway, Hong Kong. In civil cases an applicant for legal aid or an aid person who is aggrieved by any order or decision of the Director of Legal Aid may appeal to the Registrar of the High Court; or in Court of Final Appeal cases, to a Committee chaired by the Registrar of the High Court. The decision of the Registrar or the Committee is final.

The Duty Lawyer Service, which is administered by the legal profession, operates three schemes namely telephone advice service; free legal advice and legal representation to defendants charged with criminal offences in the Magistrates Courts.

Free legal advice on civil and criminal matters is given by qualified lawyers at 9 evening clinics at Wanchai, Tsuen Wan, Shatin, Yau Tsim Mong, Kwun Tong, Central and Western, Islands, Eastern and Wong Tai Sin District Offices.

Application for this service can be made through any District Office and other referral agencies such as Caritas, the Social Welfare Department, the Salvation Army and the Hong Kong Family Welfare Society. In emergencies an appointment to see a lawyer can be arranged quickly. There is no charge at all.

The Duty Lawyer Service does not provide legal representation in court on any civil matters.

For information on representation in criminal matters, please ask for the recording entitled 'Public Legal Assistance in Criminal Cases'.

Date of amendment: 22nd October 2002



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