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.




(307) PUBLIC LEGAL ASSISTANCE IN CRIMINAL CASES

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

The Duty Lawyer Service is subvented by the Government but independently managed and administered by a Duty Lawyer Service Council consisting of 4 members nominated by the Bar Association, 4 members nominated by the Law Society and 3 independent lay members. The Duty Lawyer Service operates four schemes namely the Duty Lawyer Scheme, the Free Legal Advice Scheme, the Tel-Law Scheme and the Legal Assistance Scheme for Non-refoulement Claimants.

The Duty Lawyer Scheme provides duty lawyers of both barristers and solicitors in private practice to represent defendants in Magistrates Courts including Juvenile and Coroners Courts. Defendants will be interviewed by a Court Liaison Officer before they appear in court at the first hearing. Duty Lawyers will undertake bail applications, trials and pleas in mitigation if the defendant pleads guilty. To be eligible for legal representation under the scheme, an applicant has to pass a means and merits test: if passed the test, you are required to pay a handling charge upon granting of representation. However, the Administrator of the Duty Lawyer Service has the discretion to grant legal representation in cases where it is desirable in the interests of justice to do so.

Under the Free Legal Advice Scheme, free legal advice is given by volunteer lawyers at 9 evening centres at Wanchai, Tsuen Wan, Shatin, Yau Tsim Mong, Kwun Tong, Central and Western, Islands, Eastern and Wong Tai Sin District Offices. Applications can be made through any District Office and other referral agencies. In emergencies an appointment to see a lawyer can be arranged quickly.

The Tel-Law Scheme provides recorded legal information on a wide range of legal topics through telephone. The tape recording however is only a brief introduction on the particular legal topic.

The Legal Assistance Scheme for Non-refoulement Claimants provides legal assistance to claimants who have made non-refoulement claims under (i) torture or cruel, inhuman, or degrading treatment or punishment ("CIDTP")in relation to Article 3 of the Hong Kong Bill of Rights under section 8 of the Hong Kong Bill of Rights Ordinance Cap.383, (ii) persecution, drawing reference to the non-refoulement principle under Article 33 of the 1951 Convention relating to the Status of Refugees, (iii) torture under Part VIIC of the Immigration Ordinance (Cap. 115) and (iv) on the ground of "right to life" (Article 2 of the Hong Kong Bill of Rights Ordinance).

The Legal Aid Department provides legal assistance in both civil and criminal matters.

Legal aid in criminal matters is available for representation in proceedings in the Court of First Instance, the District Court, and in the Magistrates' Court only where the prosecution is seeking committal of a defendant to the Court of First Instance, and for appeals from a Magistrates' Court to the Court of First Instance and appeals from the District Court and the Court of First Instance to the Court of Appeal and the Court of Final Appeal respectively.

If your financial resources are within the statutory limit, you are financially eligible. However, if your financial resources exceed the statutory limit, the Director of Legal Aid has the discretion to grant legal aid if he is satisfied that it is desirable in the interests of justice to do so. Subject to a merits test, legal aid is provided either free or on payment of a contribution depending on your assessed financial resources. Application should be made to the Legal Aid Department either in person, or through the Correctional Services Department if you are remanded in custody. If you are over the age of 18 and no hearing date has been fixed for your case, you can submit pre-application information online as a first step towards making an application for legal aid through the Legal Aid Electronic Services Portal via the department's website at www.lad.gov.hk.

If you are refused legal aid because your case/appeal lacks merits, the judge hearing your case/appeal may grant you legal aid provided you are eligible on means. If your case/appeal involves murder, treason or piracy with violence, the judge hearing your case/appeal may grant you legal aid and exempt you from the means test and the payment of contribution. For appeal to the Court of Final Appeal, you may apply to a Review Committee made up of the Registrar of the High Court and a representative each of the Bar Association and the Law Society of Hong Kong. The decision of the Review Committee is final.

You may visit the Legal Aid Department's webpage or telephone the Department's 24-hours Hotline at 2537 7677 for more information on the scope of legal aid services in Hong Kong, the financial eligibility limits and rates of contribution.

Date of amendment: 17th November 2023