Legal Aid Guide
In-Depth Analysis of Application Criteria and Coverage
Comprehensive Breakdown of Case Types and Eligibility Requirements
Ordinary Legal Aid Scheme Supplementary Legal Aid Scheme Criminal Legal Aid Scheme
Ordinary Legal Aid Scheme (OLAS)
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Eligibility Criteria
To qualify for legal aid, applicants must pass both:
- Means Test
- The applicant’s financial resources must not exceed the statutory limit, which is currently set at HK$420,400.
- However, if a refusal of legal aid would violate the Hong Kong Bill of Rights Ordinance or the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong, the Director of Legal Aid may waive the statutory financial limit.
- Merits Test
- The applicant must have reasonable grounds to either initiate or defend legal proceedings.
- In other words, the claim or defense must have a reasonable chance of success.
For more details, visit the official webpage:
Ordinary Legal Aid Scheme - Civil Cases
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Types of Cases Covered Under the Scheme
The OLAS provides legal aid for the following types of cases:
- Matrimonial proceedings
- Claims related to traffic accidents
- Landlord and tenant disputes
- Compensation for work-related injuries
- Employee compensation
- Immigration matters
- Contract disputes
- Professional negligence
- Seafarers’ claims for unpaid wages
- Employees’ claims for unpaid wages and related employment benefits
- Cases heard by the Mental Health Review Tribunal
- Coroner’s inquests concerning issues of significant public interest
- Monetary claims involving fraud, misrepresentation, or deceit in the sale of securities, derivatives, currency futures, or other futures contracts
Supplementary Legal Aid Scheme (SLAS)
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Eligibility Criteria
To qualify for the Supplementary Legal Aid Scheme, applicants must pass both:
- Means Test
- The applicant’s financial resources must exceed HK$449,620 but not exceed HK$2,248,110.
- The applicant’s financial resources must exceed HK$449,620 but not exceed HK$2,248,110.
- Merits Test
- The applicant must have reasonable grounds to initiate or defend legal proceedings.
- In other words, the claim or defense must have a reasonable chance of success.
For more information, please visit:Supplementary Legal Aid Scheme - Civil Cases
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Types of Cases Covered Under the Scheme
The SLAS applies to the following types of cases:
- Personal injury claims
- Claims involving medical, dental, or legal professional negligence
- Claims involving professional negligence by certified public accountants, registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorized land surveyors, registered landscape architects, financial intermediaries, and estate agents
- Claims arising from negligence by insurance companies or their intermediaries in selling personal insurance products
- Monetary claims against sellers of completed or uncompleted first-hand residential properties
- Monetary claims involving fraud, misrepresentation, or deceit in financial product contracts
Criminal Legal Aid Scheme (CLAS)
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Eligibility Criteria
To qualify for criminal legal aid, applicants must pass the following two assessments:
- Means Test
- The applicant’s financial resources must not exceed the statutory limit of HK$420,400.
- If the applicant’s financial resources exceed the limit, the Director of Legal Aid may waive the financial limit if providing legal aid is deemed to be in the interest of justice. However, the applicant will be required to pay a higher contribution based on their financial resources.
- Merits Test
- For cases in the District Court and the Court of First Instance: Legal aid will be granted if it is in the interest of justice to do so.
- For appeal cases: Legal aid will be granted if the applicant has reasonable grounds for appeal and if granting legal aid is in the interest of justice.
For more information, please visit:Criminal Legal Aid Scheme
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Types of Cases Covered Under the Scheme
The Criminal Legal Aid Scheme provides representation by barristers in court proceedings and applies to the following:
- Cases heard in the District Court and the Court of First Instance
- All criminal appeal cases
Note:
- Except for committal proceedings, cases heard in the Magistrates’ Courts are not covered by the Criminal Legal Aid Scheme.
- If the applicant is prosecuted in a Magistrates’ Court, they should seek assistance from the Duty Lawyer Service.