Chief Executive Carrie Lam Cheng Yuet-ngor announced in June that he would review the legal aid system. In less than five months, a series of "improvement" measures were announced today (22nd).
According to documents submitted by the Legal Aid Department to the Legislative Council, legal aid applicants for criminal cases in the future will normally be assigned by the Legal Aid Department. Other judicial reviews and civil cases will further limit the maximum number of legal cases each lawyer can receive per year. Number of aid cases.
There are reports citing news that the measures do not need to be amended, but only need to be implemented in the form of administrative measures. It is expected that they can be implemented within this year.
Criminal cases will be assigned by the Legal Aid Department
The government stated in the document that the Rules for Legal Aid in Criminal Cases did not specify the practice of appointing a lawyer, but past practice has led to the misunderstanding that applicants can choose by themselves.
The government gave an example of criminal legal aid cases last year. 408 lawyers took over a total of 2,695 cases and another 312 barristers took over a total of 2,738 cases.
Among them, the 20 lawyers and 20 barristers who handled the most cases handled 504 and 549 cases respectively, accounting for 19% and 20% respectively.
In order to strengthen the management of legal aid applications and cases, prevent abuse, and increase the number of lawyers assigned to prevent excessive concentration of assigned cases, the authorities recommend that in the future, except for special circumstances, such as specifying that lawyers have represented applicants in lower courts, they will not be allowed. In criminal cases, they choose to represent lawyers themselves, but are assigned by the Legal Aid Department. The department will draw up a list of lawyers according to different types of cases.
Further limits on the number of lawyers handling civil and judicial review cases
As for civil and judicial review cases, the former has restricted the number of barristers and lawyers to take over in the past.
The new proposal is further narrowed. It is proposed that the maximum number of civil legal aid cases that barristers can receive per year will be reduced from 20 to 15; solicitors will be reduced from 35 to 30.
The current limit has actually been reduced in 2018. The previous limit for barristers and lawyers was 25 and 45 cases.
The limit for judicial review cases is newly set. In the future, each barrister can receive a maximum of 3 legal aid cases per year, and solicitors can receive a maximum of 5 cases.
The document explained that of 87 judicial review legal aid cases last year, 82 cases were highly concentrated and handled by 15 solicitors and 37 barristers.
It is quoted that there are opinions that lawyers first help, and then encourage legal aid
At the beginning of the document, it is specifically explained that this review and "improvement" is because more and more people are concerned about the abuse of the legal aid nominated lawyer mechanism, especially in judicial review cases. And the office process.
It is quoted that some lawyers with certain political stances first provide voluntary assistance to applicants, and then encourage them to conduct judicial review, and then nominate them to the Legal Aid Department for employment.
The document also refers to the public's proposal to abolish the applicant's choice of lawyers, and to set a limit on the number of lawyers to take over, and even grant legal aid only after reviewing the case and thinking that there is a chance of success.
The government believes that it is necessary to maintain public confidence and make improvements to meet public expectations.
Tang Jiahua: The original intention of legal aid gave young lawyers the opportunity to accept cases
Senior Counsel Tang Jiahua, a member of the Executive Council, stated on the radio program that the legal aid system itself hopes that all registered lawyers, especially young lawyers, will have the opportunity to take turns. However, in anti-amendment cases, applicants insist that certain lawyers take the case. The original intention of the system.
He believes that barristers and the profession of lawyers will not be affected by political stances. If a lawyer clearly has a political stance and is suspected of being non-neutral, the legal aid system should not assign the lawyer to follow up the case.
According to Pakatan Harapan Legislative Council Member Leung Mei-fen, the government is welcome to accept her proposal, and believes that measures can solve the problems of abuse of legal aid and the excessive concentration of cases in individual lawyers or firms, so that more lawyers can accumulate experience in handling legal aid cases. It is more fair to the legal profession and legal aid recipients, and can demonstrate judicial justice.
According to this government document, the purpose of legal aid is to ensure that citizens enjoy the rights conferred by Article 25 of the Basic Law, that is, "Hong Kong residents are equal before the law", to ensure that no one will be unable to seek justice due to lack of financial means. , Believes that the legal aid system has always played an important role in this regard.
The Bar Association and the Lawyers Association pointed out that they would study recommendations
The President of the Law Society, Chen Zeming, replied to the media that a select committee will study the details of the review plan and send representatives to the Legislative Council meeting; the Bar Association pointed out that it takes time to study recommendations and that it will consult stakeholders and the public on the details if necessary. It is emphasized that the right of the defendant to choose a lawyer is protected by Article 35 of the Basic Law.
Other recommendations of the authorities include that the Legal Aid Department regularly publishes data, including the number of applications approved and rejected, the amount of assistance involved, and the number of lawyers and barristers involved to increase transparency.
The Legislative Council Panel on Administration of Justice and Legal Affairs will meet next Tuesday to discuss.
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