Hk Legal Aid Criminal Case

Solicitor and barrister (if necessary) assigned to conduct legal proceedings

Legal Aid Certificate issued to applicant

Applicant accepts offer and pays contribution

Legal aid is offered to applicant

(Application Approved)

Professional officer considers financial resources of applicant and merits of application

Director’s decision is final unless application is for legal aid to appeal to the Court of Final Appeal. Applicants in cases involving murder, treason or piracy with violence may apply to a judge for granting of legal aid, exemption from means test and from payment of contribution

Published by the Legal Aid Department Printed by the Government Logistics Department Hong Kong Special Administrative Region Government Website : http://www.lad.gov.hk 01/2007

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY

Applicants may apply to a judge for granting of legal aid if he/she passes the means test. For application relating to appeal to the Court of Final Appeal, the applicant can apply to a Committee of Review chaired by the Registrar of the High Court for a review of our refusal.

Application Refused on Merits

(Application Refused)

Application Refused on Means

Legal Aid Department staff obtains preliminary instructions from applicant and where necessary, transcript of proceedings in the lower court

Legal Aid Department assesses applicant’s means

Application Received

For applicant who is not required to pay contribution

Legal Representation

Granting of Legal Aid

Processing of Application

CRIMINAL LEGAL AID PROCEDURES

? Legal Aid in Criminal Cases

howto apply

For more details relating to financial eligibility limits for legal aid, scale of contribution and the Director of Legal Aid’s first charge, readers are requested to refer to the “Financial Information Sheet”.

(1) The merits of your case (the ‘merits’ test): For trials in the District Court and the Court of First Instance, legal aid will be granted if it is desirable in the interests of justice to do so. For appeals cases, you must have valid grounds for appeal with a reasonable prospect of success.

If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate which confirms that you have been granted legal aid.

HOW TO APPLY FOR LEGAL AID IN CRIMINAL CASES

(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your financial resources do not exceed the financial eligibility limit.

When And Where Do You Pay The Contribution?

What Is Legal Aid? Legal aid is a means by which you can obtain the services of a solicitor and, if necessary, a barrister to represent you in court. It covers committal proceedings in the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the District Court and the Court of First Instance of the High Court, and appeals to the Court of Appeal of the High Court or the Court of Final Appeal. Legal aid is not available in the Magistrates’ Court for cases other than committal proceedings. If you are charged with an offence in the Magistrate’s Court, you should approach the liaison office of the Duty Lawyer Scheme at the appropriate Magistrate’s Court. Where Can You Apply for Legal Aid? (1) If you have been remanded in custody: Tell the prison staff that you want to apply for legal aid, and they will help you fill in the application form and forward it to the Legal Aid Department (the Department). (2) If you have not been remanded in custody, you can apply for legal aid at: Crime Section 25/F, Queensway Government Offices 66 Queensway Hong Kong Office hours Monday to Thursday 8:45 2:00 Friday 8:30 2:00

a.m. – 1:00 p.m. p.m. – 5:45 p.m. a.m. – 1:00 p.m. p.m. – 6:00 p.m.

When you apply, you should bring along all documents relating to your means and your case (for example, your bank statements/passbooks, wage slips, rent receipts, etc).

Your financial resources are the sum total of your annual disposable income and your disposable capital after certain allowable deductions have been made. If you would like to know more about this, please ask for a copy of the leaflet ‘How Your Financial Resources and Contribution are Calculated?’ from the Department. If your financial resources exceed the financial eligibility limit, the Director of Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is desirable in the interests of justice to do so.

Can You Choose Your Own Solicitor Or Barrister? You may request the Director to assign a solicitor or barrister on the Legal Aid Panel to act for you. Your request will then be carefully considered by the Director whose decision shall be final. Who Pays The Legal Costs Of Your Case?

If your application for legal aid is refused on means, you may re-apply for legal aid when as a result of changes to your financial circumstances, your financial resources are reduced to a level below that of the applicable financial eligibility limit. However, the Director may refuse legal aid if you have disposed of any capital or income or fail to maximise your earning potential so as to expend or reduce your financial resources for the purpose of satisfying the financial eligibility limit.

The Director will pay for the costs and expenses incurred by the Department. The contribution you paid will be used to offset the costs and expenses incurred. If your contribution paid is more than the costs and expenses incurred, then you will receive a refund for the difference.

Is Legal Aid Free? Not necessarily. If your financial resources are within the financial eligibility limit but exceed a certain amount, you have to pay a contribution. If the Director exercises his discretion to grant legal aid even though your financial resources exceed the financial eligibility limit, you have to pay a contribution on higher rates calculated in accordance with your financial resources. How Soon Will You Know Whether Your Application Is Successful? Normally we will let you know whether you are qualified for legal aid within eight working days of your application for committal proceedings, and 10 working days for cases in the District Court or Court of First Instance. For appeals against sentence, we will usually let you know our decision within two months of your application, and for appeals against conviction, within three months. Please refrain from making enquiries about your application during this period as this will only cause delay in the processing of your application. If a decision cannot be made within the period specified above, we will keep you informed of the situation and tell you when a decision is likely to be made. What Should You Do If You Are Offered Legal Aid?

Your application will be passed to a lawyer of the Department who will look at two main factors in deciding whether to offer you legal aid. These are:

You should pay your contribution upon acceptance of legal aid and make payment only to the Department and an official receipt will be issued to you. Payment can be made by cheque or in person. If you are approached by someone else for payment of your contribution, please report the incident immediately to the Department.

Change In Financial Circumstances

You do not have to pay an application fee. What Happens After You Apply?

If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.

You should read all the terms of the offer very carefully, especially the part concerning the amount of your contribution. If the terms are acceptable, you must sign and date the form and return it to the Department within 14 days.

What If You Are Refused Legal Aid? You cannot appeal against a refusal to grant you legal aid on either means or merits, unless your application relates to appeal to the Court of Final Appeal, you can apply to a Committee of Review chaired by the Registrar of the High Court for a review of the refusal. If your case involves murder, treason or piracy with violence, you can apply to a judge for legal aid and for exemption from the means test and the payment of any contribution. In all other cases, provided you pass the means test, a judge may grant you legal aid even though the Director has refused your application on merits. Warning You commit a criminal offence if you make false statement in order to obtain legal aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you will be required to pay back the costs and expenses incurred by the Department. Other leaflets in this series: • Legal Aid in Civil Cases • Supplementary Legal Aid Scheme • Legal Services This leaflet is published for information only and should not be regarded as an authoritative statement of the law.

For more details relating to financial eligibility limits for legal aid, scale of contribution and the Director of Legal Aid’s first charge, readers are requested to refer to the “Financial Information Sheet”.

(1) The merits of your case (the ‘merits’ test): For trials in the District Court and the Court of First Instance, legal aid will be granted if it is desirable in the interests of justice to do so. For appeals cases, you must have valid grounds for appeal with a reasonable prospect of success.

If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate which confirms that you have been granted legal aid.

HOW TO APPLY FOR LEGAL AID IN CRIMINAL CASES

(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your financial resources do not exceed the financial eligibility limit.

When And Where Do You Pay The Contribution?

What Is Legal Aid? Legal aid is a means by which you can obtain the services of a solicitor and, if necessary, a barrister to represent you in court. It covers committal proceedings in the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the District Court and the Court of First Instance of the High Court, and appeals to the Court of Appeal of the High Court or the Court of Final Appeal. Legal aid is not available in the Magistrates’ Court for cases other than committal proceedings. If you are charged with an offence in the Magistrate’s Court, you should approach the liaison office of the Duty Lawyer Scheme at the appropriate Magistrate’s Court. Where Can You Apply for Legal Aid? (1) If you have been remanded in custody: Tell the prison staff that you want to apply for legal aid, and they will help you fill in the application form and forward it to the Legal Aid Department (the Department). (2) If you have not been remanded in custody, you can apply for legal aid at: Crime Section 25/F, Queensway Government Offices 66 Queensway Hong Kong Office hours Monday to Thursday 8:45 2:00 Friday 8:30 2:00

a.m. – 1:00 p.m. p.m. – 5:45 p.m. a.m. – 1:00 p.m. p.m. – 6:00 p.m.

When you apply, you should bring along all documents relating to your means and your case (for example, your bank statements/passbooks, wage slips, rent receipts, etc).

Your financial resources are the sum total of your annual disposable income and your disposable capital after certain allowable deductions have been made. If you would like to know more about this, please ask for a copy of the leaflet ‘How Your Financial Resources and Contribution are Calculated?’ from the Department. If your financial resources exceed the financial eligibility limit, the Director of Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is desirable in the interests of justice to do so.

Can You Choose Your Own Solicitor Or Barrister? You may request the Director to assign a solicitor or barrister on the Legal Aid Panel to act for you. Your request will then be carefully considered by the Director whose decision shall be final. Who Pays The Legal Costs Of Your Case?

If your application for legal aid is refused on means, you may re-apply for legal aid when as a result of changes to your financial circumstances, your financial resources are reduced to a level below that of the applicable financial eligibility limit. However, the Director may refuse legal aid if you have disposed of any capital or income or fail to maximise your earning potential so as to expend or reduce your financial resources for the purpose of satisfying the financial eligibility limit.

The Director will pay for the costs and expenses incurred by the Department. The contribution you paid will be used to offset the costs and expenses incurred. If your contribution paid is more than the costs and expenses incurred, then you will receive a refund for the difference.

Is Legal Aid Free? Not necessarily. If your financial resources are within the financial eligibility limit but exceed a certain amount, you have to pay a contribution. If the Director exercises his discretion to grant legal aid even though your financial resources exceed the financial eligibility limit, you have to pay a contribution on higher rates calculated in accordance with your financial resources. How Soon Will You Know Whether Your Application Is Successful? Normally we will let you know whether you are qualified for legal aid within eight working days of your application for committal proceedings, and 10 working days for cases in the District Court or Court of First Instance. For appeals against sentence, we will usually let you know our decision within two months of your application, and for appeals against conviction, within three months. Please refrain from making enquiries about your application during this period as this will only cause delay in the processing of your application. If a decision cannot be made within the period specified above, we will keep you informed of the situation and tell you when a decision is likely to be made. What Should You Do If You Are Offered Legal Aid?

Your application will be passed to a lawyer of the Department who will look at two main factors in deciding whether to offer you legal aid. These are:

You should pay your contribution upon acceptance of legal aid and make payment only to the Department and an official receipt will be issued to you. Payment can be made by cheque or in person. If you are approached by someone else for payment of your contribution, please report the incident immediately to the Department.

Change In Financial Circumstances

You do not have to pay an application fee. What Happens After You Apply?

If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.

You should read all the terms of the offer very carefully, especially the part concerning the amount of your contribution. If the terms are acceptable, you must sign and date the form and return it to the Department within 14 days.

What If You Are Refused Legal Aid? You cannot appeal against a refusal to grant you legal aid on either means or merits, unless your application relates to appeal to the Court of Final Appeal, you can apply to a Committee of Review chaired by the Registrar of the High Court for a review of the refusal. If your case involves murder, treason or piracy with violence, you can apply to a judge for legal aid and for exemption from the means test and the payment of any contribution. In all other cases, provided you pass the means test, a judge may grant you legal aid even though the Director has refused your application on merits. Warning You commit a criminal offence if you make false statement in order to obtain legal aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you will be required to pay back the costs and expenses incurred by the Department. Other leaflets in this series: • Legal Aid in Civil Cases • Supplementary Legal Aid Scheme • Legal Services This leaflet is published for information only and should not be regarded as an authoritative statement of the law.

For more details relating to financial eligibility limits for legal aid, scale of contribution and the Director of Legal Aid’s first charge, readers are requested to refer to the “Financial Information Sheet”.

(1) The merits of your case (the ‘merits’ test): For trials in the District Court and the Court of First Instance, legal aid will be granted if it is desirable in the interests of justice to do so. For appeals cases, you must have valid grounds for appeal with a reasonable prospect of success.

If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate which confirms that you have been granted legal aid.

HOW TO APPLY FOR LEGAL AID IN CRIMINAL CASES

(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your financial resources do not exceed the financial eligibility limit.

When And Where Do You Pay The Contribution?

What Is Legal Aid? Legal aid is a means by which you can obtain the services of a solicitor and, if necessary, a barrister to represent you in court. It covers committal proceedings in the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the District Court and the Court of First Instance of the High Court, and appeals to the Court of Appeal of the High Court or the Court of Final Appeal. Legal aid is not available in the Magistrates’ Court for cases other than committal proceedings. If you are charged with an offence in the Magistrate’s Court, you should approach the liaison office of the Duty Lawyer Scheme at the appropriate Magistrate’s Court. Where Can You Apply for Legal Aid? (1) If you have been remanded in custody: Tell the prison staff that you want to apply for legal aid, and they will help you fill in the application form and forward it to the Legal Aid Department (the Department). (2) If you have not been remanded in custody, you can apply for legal aid at: Crime Section 25/F, Queensway Government Offices 66 Queensway Hong Kong Office hours Monday to Thursday 8:45 2:00 Friday 8:30 2:00

a.m. – 1:00 p.m. p.m. – 5:45 p.m. a.m. – 1:00 p.m. p.m. – 6:00 p.m.

When you apply, you should bring along all documents relating to your means and your case (for example, your bank statements/passbooks, wage slips, rent receipts, etc).

Your financial resources are the sum total of your annual disposable income and your disposable capital after certain allowable deductions have been made. If you would like to know more about this, please ask for a copy of the leaflet ‘How Your Financial Resources and Contribution are Calculated?’ from the Department. If your financial resources exceed the financial eligibility limit, the Director of Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is desirable in the interests of justice to do so.

Can You Choose Your Own Solicitor Or Barrister? You may request the Director to assign a solicitor or barrister on the Legal Aid Panel to act for you. Your request will then be carefully considered by the Director whose decision shall be final. Who Pays The Legal Costs Of Your Case?

If your application for legal aid is refused on means, you may re-apply for legal aid when as a result of changes to your financial circumstances, your financial resources are reduced to a level below that of the applicable financial eligibility limit. However, the Director may refuse legal aid if you have disposed of any capital or income or fail to maximise your earning potential so as to expend or reduce your financial resources for the purpose of satisfying the financial eligibility limit.

The Director will pay for the costs and expenses incurred by the Department. The contribution you paid will be used to offset the costs and expenses incurred. If your contribution paid is more than the costs and expenses incurred, then you will receive a refund for the difference.

Is Legal Aid Free? Not necessarily. If your financial resources are within the financial eligibility limit but exceed a certain amount, you have to pay a contribution. If the Director exercises his discretion to grant legal aid even though your financial resources exceed the financial eligibility limit, you have to pay a contribution on higher rates calculated in accordance with your financial resources. How Soon Will You Know Whether Your Application Is Successful? Normally we will let you know whether you are qualified for legal aid within eight working days of your application for committal proceedings, and 10 working days for cases in the District Court or Court of First Instance. For appeals against sentence, we will usually let you know our decision within two months of your application, and for appeals against conviction, within three months. Please refrain from making enquiries about your application during this period as this will only cause delay in the processing of your application. If a decision cannot be made within the period specified above, we will keep you informed of the situation and tell you when a decision is likely to be made. What Should You Do If You Are Offered Legal Aid?

Your application will be passed to a lawyer of the Department who will look at two main factors in deciding whether to offer you legal aid. These are:

You should pay your contribution upon acceptance of legal aid and make payment only to the Department and an official receipt will be issued to you. Payment can be made by cheque or in person. If you are approached by someone else for payment of your contribution, please report the incident immediately to the Department.

Change In Financial Circumstances

You do not have to pay an application fee. What Happens After You Apply?

If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.

You should read all the terms of the offer very carefully, especially the part concerning the amount of your contribution. If the terms are acceptable, you must sign and date the form and return it to the Department within 14 days.

What If You Are Refused Legal Aid? You cannot appeal against a refusal to grant you legal aid on either means or merits, unless your application relates to appeal to the Court of Final Appeal, you can apply to a Committee of Review chaired by the Registrar of the High Court for a review of the refusal. If your case involves murder, treason or piracy with violence, you can apply to a judge for legal aid and for exemption from the means test and the payment of any contribution. In all other cases, provided you pass the means test, a judge may grant you legal aid even though the Director has refused your application on merits. Warning You commit a criminal offence if you make false statement in order to obtain legal aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you will be required to pay back the costs and expenses incurred by the Department. Other leaflets in this series: • Legal Aid in Civil Cases • Supplementary Legal Aid Scheme • Legal Services This leaflet is published for information only and should not be regarded as an authoritative statement of the law.

CRIMINAL LEGAL AID PROCEDURES Processing of Application

Application Received

Legal Aid Department assesses applicant’s means Legal Aid Department staff obtains preliminary instructions from applicant and where necessary, transcript of proceedings in the lower court Professional officer considers financial resources of applicant and merits of application

Granting of Legal Aid

(Application Approved) Legal aid is offered to applicant Applicant accepts offer and pays contribution Legal Aid Certificate issued to applicant

Legal Representation

Solicitor and barrister (if necessary) assigned to conduct legal proceedings

(Application Refused)

Application Refused on Means Director’s decision is final unless application is for legal aid to appeal to the Court of Final Appeal. Applicants in cases involving murder, treason or piracy with violence may apply to a judge for granting of legal aid, exemption from means test and from payment of contribution

Application Refused on Merits Applicants may apply to a judge for granting of legal aid if he/she passes the means test. For application relating to appeal to the Court of Final Appeal, the applicant can apply to a Committee of Review chaired by the Registrar of the High Court for a review of our refusal.

For applicant who is not required to pay contribution

Published by the Legal Aid Department Printed by the Government Logistics Department Hong Kong Special Administrative Region Government Website : http://www.lad.gov.hk 01/2007

?

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY

Legal Aid in Criminal Cases

howto apply

Solicitor and barrister (if necessary) assigned to conduct legal proceedings

Legal Aid Certificate issued to applicant

Applicant accepts offer and pays contribution

Legal aid is offered to applicant

(Application Approved)

Professional officer considers financial resources of applicant and merits of application

Director’s decision is final unless application is for legal aid to appeal to the Court of Final Appeal. Applicants in cases involving murder, treason or piracy with violence may apply to a judge for granting of legal aid, exemption from means test and from payment of contribution

Published by the Legal Aid Department Printed by the Government Logistics Department Hong Kong Special Administrative Region Government Website : http://www.lad.gov.hk 01/2007

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY

Applicants may apply to a judge for granting of legal aid if he/she passes the means test. For application relating to appeal to the Court of Final Appeal, the applicant can apply to a Committee of Review chaired by the Registrar of the High Court for a review of our refusal.

Application Refused on Merits

(Application Refused)

Application Refused on Means

Legal Aid Department staff obtains preliminary instructions from applicant and where necessary, transcript of proceedings in the lower court

Legal Aid Department assesses applicant’s means

Application Received

For applicant who is not required to pay contribution

Legal Representation

Granting of Legal Aid

Processing of Application

CRIMINAL LEGAL AID PROCEDURES

? Legal Aid in Criminal Cases

howto apply