The government proposes to reform the legal aid system and strengthen the management of various cases paid for by legal aid. This includes stipulating that the Legal Aid Department must appoint a lawyer for criminal cases and no longer allow applicants to choose freely.
In civil cases, the maximum number of cases that lawyers can receive each year is tightened. Among them, a new limit is set for judicial review cases. Barristers can only handle 3 cases a year, and solicitors are limited to 5 cases.
The Bar Association agrees with the principles of fair distribution of legal aid cases and increased transparency. However, it is worried about imposing restrictions on legal aid applicants for appointing barristers in judicial review cases, while external barristers representing the government are not restricted, and may As a result, the qualifications are not equal, and ultimately it is difficult to guarantee the quality of the parties’ arguments and arguments, which in turn affects the court’s correct judgment.
Both the Bar Association and the Law Society criticized this reform for being too hasty. The relevant documents were only released on Friday (22nd) and could not be studied in detail.
The Bar Association: The limit of judicial review cases is narrowed or the judgment is unfair
The Judicial and Legal Affairs Committee of the Legislative Council held a special meeting today (26th) to discuss the government's "Proposed Measures to Improve Hong Kong's Legal Aid System."
Ma Jiajun, Chairman of the Constitution and Human Rights Committee of the Bar Association, is concerned that if there is a limit for each barrister to accept judicial review cases, and the applicant "feels that the case involves a major legal issue, I want to find a barrister with experience to handle it." But the barrister has already received three orders in the past year, and the limit has not been reached.” The result not only affects the interests of the applicant, but more importantly, it may cause differences in the qualifications of the barristers of both parties, which will result in an unfair judgment.
Xia Boyi: Reform must not damage citizens' right to choose a lawyer
Ma also noticed that after the reform, if legal aid applicants also seek additional voluntary lawyers for the case, they must obtain prior consent from the Legal Aid Department, otherwise the legal aid granted will be withdrawn.
He asked the government to clearly explain the conditions for approval. He believed that charity assistance has always been a learning channel for young practitioners, and they can absorb experience under the leadership of Senior Counsel. The Association currently also has a scholarship program and coordinates with the Legal Aid Department so that young barristers can be recruited. Experience.
Chairman of the Bar Association Xia Boyi said that he will carefully study the reform proposals and cooperate with the government's timetable, and submit a detailed report response within this year; stressing that any changes, including the appointment of lawyers, must comply with Article 35 of the Basic Law to protect citizens' choices The rights of lawyers.
Xie Weijun: Article 35 of the Basic Law cannot be over-interpreted
Hsieh Wai-jun, a member of the Legislative Council who is a lawyer, believes that Article 35 of the Basic Law should not be over-interpreted, "(There is no limit to judicial review cases for barristers). It should not be outrageous. I would like to refer to (Senior Counsel) Martin Lee, Every time (all), can I get it? I can’t get it.” He believes that the Basic Law protects the public’s right to a fair trial, especially in criminal cases, because it is the prosecution agency. Dependent lawyers should not be reduced to some people's "long-term meal ticket". Legal aid is a social service, and it is understandable to reform appropriately.
However, Xie Wei asked the government to explain why the proposal was so hastily. The Director of Administration under the Chief Secretary for Administration's Office Cheng Zhongwei explained that the reform is an internal administrative change and does not involve amendments. Moreover, according to the law, the power to appoint a lawyer has always been in legal aid. The Director of the Department held that the society had expressed an urgent demand for reform, and admitted that "we are eager to do it, and I am in favor of increasing it." He also said that in the future, the Legal Aid Department will assign lawyers to criminal cases and will continue to uphold assistance. Appoint suitable lawyers on the premise of personal interests.
01News
Legal aid reforms︱Liang Jiajie worries about damage to the interests of the defendant in the social movement case Tang Jiahua denounces the "little man's heart" legal aid criminal case intends to ban lawyers of their choice. The government quotes opinions: a lawyer encourages the review to be hired to counter the amendments | Police detained 10,265 people, 2,684 People were prosecuted for more than a thousand lawsuits, legal aid involved 50 million 612 fund was investigated | Tang Jiahua: Donations do not violate the law, the intention is not illegal, otherwise the legal aid will break the law every day
