Hong Kong Legal System

Hong Kong Legal System: The expansion of 2012 of the Legal Aid Schemes
Name
Institution
The expansion of 2012 of the Legal Aid Schemes
Introduction
The Article 35 of the Basic Law of Hong Kong provides that all the residents shall have the right to a considerable representation in the courts of law (The Hong Kong Human Rights Monitor, 2010). Through this, Hong Kong’s people are ensured of access to legal advice, choice of lawyers, access to court and judicial remedies. Such provisions are necessary for timely protection of people’s lawful rights and interests. To ensure the viability of the article, the government, through the Legal Aid Department (LAD), has instituted Legal Aid Policy and Framework to provide financial assistance to eligible applicants to help them meet their financial obligations in their quest to seek the right to a fair hearing in both civil and criminal proceedings (Home Affairs Bureau, 2014). It is in the residents’ interests that the government provides proper provision of Legal Aid to guarantee of easy and convenient access to justice. This is what has mandated the LAD to see the need of increasing and implementing the Financial Eligibility Limits to accommodate more people in need of legal financial aid to cater for their different legal needs. Through the widening of the scope of different Legal Aid Schemes, more people especially those in the lower middle class would have substantial opportunity to access legal aid to help them access the justice system in the country (The Hong Kong Human Rights Monitor, 2010). The expansion of 2012, of the Legal Aid Schemes was one major turning point for the Hong Kong government to demonstrate its commitment to providing continuous support to its people, to meet their legal financial obligations in relation to the changing needs of the society. Although the expansion of the 2012 was aimed at providing more financial support to cater for additional legal needs, LAD retains the right to decision on rejecting applicants.
Overview of the Strategic Plan of the Legal Aid Department
Under the Legal Aid Ordinance (Cap. 91), the LAD is mandated “to provide legal representation to eligible applicants by a solicitor and, if necessary, a barrister in civil or criminal proceedings” (Legal Aid Department, 2013). In this regard, the LAD provides legal aid, among other things, to individuals with cases in the Court of First Instance, the District Court, and the Courts of Appeal. Legal aid is also available in the Magistrates’ Courts to cater for committal proceedings. The Hong Kong government guarantees any person whether a resident or not, of legal aid if involved in a court proceeding in the courts specified. However, every applicant to the legal aid should be able to satisfy the statutory criteria required for one to be eligible for such financial aid. The LAD strategic plan sets out the objectives of the Department in disbursing the legal aid. It provides the rationale upon which priorities are determined in order to determine how their financial resources would be distributed in meeting individuals’ legal aid needs. Through meticulous arrangements, the Hong Kong government through its justice departments ensures everyone h...