Legal Aid in Criminal Cases

In criminal cases, legal aid is available for representation in proceedings in
the Court of First Instance of the High Court and District Court, in the
Magistrates' Courts (where the prosecution is seeking the committal of a
defendant to the Court of First Instance of the High Court), in appeals
from the Magistrates' Courts, and in appeals to the Court of Appeal and to
the Hong Kong Court of Final Appeal.

For appeals against conviction for cases involving murder, treason or
piracy with violence, subject to financial eligibility, the granting of legal aid
is mandatory to ensure that all relevant matters are placed before the court
by the appellant's legal representative. For all other criminal appeals, legal
aid will be given, subject to financial eligibility, if the Director of Legal Aid
is satisfied that there are arguable grounds of appeal.

If satisfied that it is in the interests of justice to do so, the director may
exercise his discretion to grant legal aid to an applicant who is charged
with a criminal offence even if he fails the means test. Applicants in cases
involving murder, treason or piracy with violence may apply to a judge for
granting of legal aid, exemption of the means test and of payment of
contribution. Most people charged with criminal offences have therefore
been granted legal aid.

Total expenditure on legal costs on criminal cases for 1997 was $98
million. During the year, 4 503 applications were received, 3 133
applicants were granted legal aid.

[Back] [Forward]