Our Vision To be a cornerstone of the rule of law in Hong Kong
by delivering quality legal aid services.
Our Mission • To ensure that no one who qualifies for legal aid is
denied access to justice because of lack of means.
• To maintain the highest standards of professional
excellence and ethics.
• To develop and maintain a highly-motivated,
dynamic, welltrained and committed workforce.
• To work in partnership with the legal profession
to reach our vision.
• To anticipate and meet the ever-changing needs
of the society. Our Values • Independence
• Commitment
• Efficiency and effectiveness
• Professionalism
• Teamwork
• Caring and responsive Foreword
To begin with, I would like to share with you some of the major initiatives implemented by the Department during 2013 as part of our continuous effort in delivering professional and quality legal aid services to meet the ever-changing needs and growing expectations of the community.
Mr Thomas Edward Kwong Director of Legal Aid
Enhancement of E-Communication
In January 2013, with a view to expedite the referral process for wages claims and with the support of the Labour Department, new arrangement has been put in place whereby case information of intended applicants are sent to us through the Department's Portal. Processing of these cases commences instantaneously as soon as the information are received.
The Department's Portal was further enhanced in March 2013 to make it more user friendly for legal aid practitioners. All panel lawyers were issued with individual ID and password for instant access to our Portal. The previous requirement for an Electronic Certificate has been dispensed with. Panel Lawyers have since been able to submit update of their personal information and experience as well as certain case reports by electronic means.
Implementation of a New Declaration System
To address the public's growing concern on improper touting in legal aid cases, a new declaration system was introduced in September 2013 after consultation with the Legal Aid Services Council and the two branches of the legal profession.
The objective of the new system is to ensure that the aided person's choice of lawyers in assigned out cases has not been affected by improper conduct on the part of the lawyers nominated. The aided persons is required to give a written declaration in support of his / her nomination. As for the nominated lawyer, the declaration is incorporated into the assignment letter as one of the conditions. The lawyer nominated is obliged to return the papers to the Department if he / she cannot fulfil this new condition. Promotion of Quality Customer Services
We value our customers' comments and feedback which serve our objective in the delivery of quality customer service to the public. During this year, the legal aid application process was further simplified by the consolidation of the consent forms to be signed by our applicants. Such was done in response to a suggestion from an applicant.
To further promote our services to the public, leaflets on criminal legal aid have been placed at the Duty Lawyer's Court Liaison Office at seven Magistrates Courts throughout Hong Kong. In addition, 40 QR codes for our publications were created in July 2013 for public access.
Mr Thomas Edward Kwong Director of Legal Aid
Looking Ahead
First of all, I would like to thank the Legal Aid Services Council and the Home Affairs Bureau for their unfaltering support to the Department throughout the year. I am also very grateful to our assigned lawyers from the two branches of the legal profession for their professionalism and valuable contributions in their conduct of our assigned out cases. Finally, my heartfelt appreciation to my colleagues who had worked so diligently throughout the year with commitment to deliver quality legal aid services to the public.
In the year ahead, we shall continue to work closely with our stakeholders towards maintaining an efficient and effective legal aid system in Hong Kong.
Thomas Edward KWONG Director of Legal Aid Contents
Page No. FOREWORD ...... 4
CHAPTER 1 Departmental Strategic Plan...... 9
CHAPTER 2 Legal Aid Services...... 13
CHAPTER 3 Case of Public Interest or Concern...... 33
CHAPTER 4 Customer Services...... 39
CHAPTER 5 Publicity Programmes...... 47
CHAPTER 6 Organisation, Administration and Staffing...... 55 Page No. APPENDICES ...... 65-74
Appendix 1 Revenue and Expenditure
Appendix 2 Findings of the Survey on Customer Feedback
Appendix 3 Director of Legal Aid and Section Heads (as at 31 December 2013)
Appendix 4 Address and Communication
Appendix 5 List of Publications
Chapter 1 Departmental Strategic Plan Chapter 1 Departmental Strategic Plan
Departmental Strategic Plan
The Department's strategic plan sets out our objectives and describes how the objectives can be achieved. The strategic plan provides a rational basis upon which priorities are determined and is regularly updated to ensure that resources are well targeted and used effectively having regard to the changing needs of society.
The Department's strategic plan can also be viewed at the Department's website.
(Rear row from left) Mr Francis Chan Wan-kit, Ms Juliana Chan Miu-kuen, Ms Tse Sze-fong, Miss Linda Ng Wing-ping, Ms Doris Lui Wai-lan, Mrs Christina Hadiwibawa Cheung Ying-man, Miss Ada Wong Yiu-ming, Mr Steve Wong Yiu- fai (Front row from left) Ms Sherman Cheung Suk-ying, Ms Mo Yuk-wah, Mr Allan Chan Wing-cho, Mr Thomas Edward Kwong, Ms Alice Chung Yee-ling, Mr Chris Chong Yan-tung, Ms Juliana Chan Oi-yung
10 Implementation of the Strategic Plan in 2013
Declaration System for Legal Aid Application
As a measure to combat the problem of nomination of lawyers by aided clients being influenced by improper touting activities, a new "Declaration System" was introduced in September 2013. Under the System, the nomination form to be completed by the aided clients was revised to enhance their awareness of their right to select lawyers of their choice and not to agree to share damages / costs with any third party including the nominated lawyers. As for assigned lawyers, the declaration was incorporated into the assignment letter as one of the assignment condition. Assigned lawyers are asked to return the case to the Department for re-assignment if they cannot accept this new condition of assignment.
Information System
Based on the Framework for Electronic Information Management ("EIM") strategy issued by the government, the Department commenced the development of its Information Management Foundation in 2012. In 2013, the Department conducted consultancy study on the Metadata Standards for Recordkeeping, Content and Knowledge Management. The aim was to offer consistent structures and descriptive standards to manage electronic information and enable our staff to retrieve and re-use those information more effectively. Since the standards are government-wide, it would also enhance efficiency in the exchange of electronic information between the Department and other government departments and bureaux. Upon the completion of the study, the Department will implement another EIM initiative, namely the development of Central Repository and Collaborative Workspace, which provides a collaborative environment across divisions of the Department. Furthermore, funding application for the implementation of Content Management / Records Management Integration as well as Electronic Recordkeeping System had been submitted pending approval.
In order to encourage more frequent usage of the Legal Aid Electronic Portal, the Department had from March 2013 replaced the use of digital certificate requirements with user ID and personal password for panel lawyers to submit e-reports and panel member data update e-forms. We had also conducted a review on the user interface of the Portal to make it more user-friendly. The review’s finding would be implemented in 2014.
11 Chapter 1 Departmental Strategic Plan
Customer Services
To widen public awareness of criminal legal aid services, the leaflet on "How to Apply Legal Aid in Criminal Cases" was delivered to the Duty Lawyer Service in July 2013 for distribution at the Court Liaison Offices in seven Magistrates' Courts.
Publicity
The Department continued to organize various activities to promote the public's awareness and understanding of legal aid services. In 2013, professional officers of the Department delivered talks to a non-government organization serving ethnic minorities, a secondary school and a university on the services provided by the Department.
Staff
Following the relocation of the Information & Application Services Unit for civil applications from the 24/F to the 25/F of Queensway Government Offices, the office areas of the Application and Processing Division on 24/F were fully renovated, providing our staff with a more comfortable and spacious working environment. Four new interview rooms were also added to facilitate our staff to meet the applicants and aided persons.
The Department continued to expand its book collection on diverse topics such as healthy lifestyle, positive thinking, stress management, personal development etc. Furthermore, to promote the well-being of staff and cultivate a balanced work life, the Department also organized a series of workshops on Relieving Work Stress with Acupressure Therapy. All these were well received by our staff.
12 Chapter 2 Legal Aid Services Chapter 2 Legal Aid Services
Legal aid business is conducted in the following service areas: • Receiving and processing of legal aid applications; • Assignments and monitoring of legal aid cases; • Litigation services; and • Related supporting legal services.
Application and Processing Services
In 2013, a total of 19 488 applications for legal aid were received and 10 171 legal aid certificates were issued:
20000 Total
No. of applications 20217 19488 16332 15494 No. of certi cates issued 10692 10171 15000 2012 2013
10000 8028 7239
5000 3684 3797 2521 2785
201 197 0 143 147 Civil Legal Aid Supplementary Legal Aid Scheme Criminal Legal Aid 2012 2013 2012 2013 2012 2013
Mr Chris Chong Yan-tung Deputy Director of Legal Aid (Application and Processing)
14 Legal Aid in Civil Cases
Civil legal aid applications, apart from applications relating to wages claims which are processed by the Insolvency Unit of the Litigation Division, are handled by the Application and Processing Division.
Ordinary Legal Aid Scheme
The Ordinary Legal Aid Scheme ("OLAS") covers many different types of civil cases which are closely related to the public's daily lives. Types of cases covered include family disputes, employees' compensation claims, personal injuries claims, immigration matters and other miscellaneous proceedings in the District Court, the Court of First Instance, the Court of Appeal and the Court of Final Appeal. It also covers applications to the Mental Health Review Tribunal and death inquests if the Director is of the opinion that the interests of public justice require legal aid be given.
Supplementary Legal Aid Scheme
Applicants whose financial resources exceed the statutory limit of OLAS of $269,620 but is below $1,348,100 may apply under the Supplementary Legal Aid Scheme ("SLAS"). The scope of SLAS covers employees' compensation claims and representation for employees in appeals against awards made by the Labour Tribunal irrespective of the amount of the claim. It also covers the following types of cases where the claim is likely to exceed $60,000:
• personal injuries or death, medical, dental or legal professional negligence; • professional negligence claims against certified public accountants (practising), registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorized land surveyors, registered landscape architects and estate agents; • negligence claims against insurers or their intermediaries in respect of the taking out of the personal insurance products; and • monetary claims against vendors in the sale of completed or uncompleted first-hand residential properties.
In 2013, there were 197 SLAS applications and 147 legal aid certificates were issued under SLAS.
SLAS is a self-financing scheme and is funded by contributions paid by the applicants upon acceptance of legal aid and from percentage contributions out of monies recovered in the aided proceedings. The rates of contribution for personal injuries and employees' compensation claims and the provision of legal representation to employees for appeals against awards made by the Labour Tribunal range from 6% to 10%. For the remaining types of proceedings, the contribution rates range from 15% to 20%.
15 Chapter 2 Legal Aid Services
For the year ended 30 September 2013, a surplus of $99 million was recorded as compared with a deficit of $0.7 million in the year ended 30 September 2012. As at 30 September 2013, the Supplementary Legal Aid Fund had a balance of $186.4 million. For details, please refer to Appendix 1.
Distribution of Civil Legal Aid Applications Received in 2012-2013
No. of Applications for Civil Legal Aid Case Types 2012 2013 % Change Personal Injuries Claims 5 798 5 555 -4% Matrimonial Cases 7 749 7 353 -5% Land and Tenancy Disputes 516 507 -2% Employment Disputes 176 80 -55% Immigration Matters 313 225 -28% Wages Claims 98 81 -17% Others 1 883 1 890 0% Total 16 533 15 691 -5%
Distribution of Civil Legal Aid Certificates Issued in 2012-2013
No. of Certificates for Civil Legal Aid Case Types 2012 2013 % Change Personal Injuries Claims 3 445 3 025 -12% Matrimonial Cases 4 046 3 775 -7% Land and Tenancy Disputes 92 107 16% Employment Disputes 82 35 -57% Immigration Matters 55 30 -45% Wages Claims 78 56 -28% Others 373 358 -4% Total 8 171 7 386 -10%
16 Ms Mo Yuk-wah Assistant Director of Legal Aid (Application and Processing)
To facilitate the public to apply for legal aid, the Application and Processing Division also provides an information and enquiry service through the Information and Application Services Unit. The Unit deals with enquiries from the public on matters such as the scope of legal aid, financial eligibility limits and application procedures. In 2013, the Unit received a total of 37 273 enquiries.
Eligibility
Successful applicants regardless of their nationality or residence and who pass both the means and merits tests will be granted legal aid. They are given the services of a solicitor and, if necessary, counsel to represent them in legal proceedings conducted in Hong Kong courts.
Take-up Rate for Civil Legal Aid in 2012-2013
Certificates Certificates 8171 2012 7386 2013 Offers Offers Take-up Rate (as a % of offers) 8796 Take-up Rate (as a % of offers) 7939 93% 93%
17 Chapter 2 Legal Aid Services
Ms Juliana Chan Miu-kuen Assistant Principal Legal Aid Counsel / Application and Processing (1)
Refusal of Legal Aid
An applicant who is refused legal aid in civil matters on either means or merits may appeal to the Registrar of the High Court. In respect of the Court of Final Appeal cases, the applicants may appeal to a Review Committee comprising the Registrar of the High Court, a barrister and a solicitor appointed respectively by the Chairman of the Hong Kong Bar Association and the President of the Law Society of Hong Kong. The decision of the Registrar or the Review Committee is final.
Refusal Rate of Civil Legal Aid Applications in 2012-2013
Refusals Refusals (a) on merits (a) on merits 5210 2012 5138 2013 Refusal Rate (as a % of applications) Applications Refusal Rate (as a % of applications) Applications 32% 16533 33% 15691
(b) on means (b) on means 788 800 Refusal Rate (as a % of applications) Refusal Rate (as a % of applications) 5% 5%
18 Success Rate of Legal Aid Appeals in 2012-2013
Appeals Allowed Appeals Allowed 35 2012 37 2013 Appeals* Appeals* Success Rate (as a % of appeals) 837 Success Rate (as a % of appeals) 744 4% 5%
*Note : The figures do not include appeals withdrawn.
Mr Francis Chan Wan-kit Assistant Principal Legal Aid Counsel / Application and Processing (2)
Outcome of Cases Closed in 2013
Case Type Relief Obtained Relief Not Obtained Withdrawn Total Matrimonial 88%(89%) 4%(4%) 8%(7%) 100%
19 Chapter 2 Legal Aid Services
Discharged / Discharged at AP's Discharged / Not In Case Types In Favour Revoked prior Request during Revoked during Total Favour to Proceedings Proceedings Proceedings Personal Injuries 94%(92%) 1%(2%) 1%(1%) 2%(2%) 2%(3%) 100% Claims Employees' 95%(94%) 1%(1%) 1%(1%) 2%(2%) 1%(2%) 100% Compensation Claims Personal Injuries 93%(90%) 2%(2%) 1%(1%) 2%(3%) 2%(4%) 100% Running Down 93%(92%) 1%(1%) 1%(1%) 1%(2%) 4%(4%) 100% Medical / Dental / Professional 70%(70%) 0%(7%) 2%(9%) 5%(0%) 23%(14%) 100% Negligence Miscellaneous 58%(59%) 20%(17%) 10%(10%) 6%(5%) 6%(9%) 100% Overall 90%(88%) 3%(4%) 2%(2%) 2%(2%) 3%(4%) 100%
Settlement Order for Referral Petition before Winding- Petition Petition to Wage Case Type Dismissed Others Total Issuing up/ Stayed Dismissed Security (Settled) Petition Bankruptcy Division
Wages Claims (Winding-up / 0%(0%) 91%(92%) 3%(1%) 3%(4%) 0%(0%) 0%(0%) 3%(3%) 100% Bankruptcy)
(2012 figures in bracket)
Mr Steve Wong Yiu-fai Assistant Principal Legal Aid Counsel (Kowloon Branch Office)
20 Legal Aid in Criminal Cases
Criminal legal aid applications are processed by the Crime Section.
Distribution of Criminal Legal Aid Applications Received in 2012-2013
No. of Applications for Criminal Legal Aid Case Types 2012 2013 % Change Committal Proceedings at Magistrates’ Court 475 640 35% District Court Trials 1361 1372 1% Court of First Instance Trials 503 610 21% Magistrate's Court Appeals to the Court of First Instance 562 480 -15% District Court Appeals to the Court of Appeal 406 348 -14% Court of First Instance Appeals to the Court of Appeal 223 179 -20% Appeals in Court of Final Appeal 125 145 16% Others 29 23 -21% Total 3 684 3 797 3%
Applicants whose means exceed the statutory limit may be granted legal aid if the Director of Legal Aid is satisfied that it is desirable in the interests of justice to grant legal aid.
21 Chapter 2 Legal Aid Services
Distribution of Criminal Legal Aid Certificates Issued in 2012-2013
No. of Certificates for Criminal Legal Aid Case Types 2012 2013 % Change Committal Proceedings at the Magistrates’ Court 460 607 32% District Court Trials 1320 1334 1% Court of First Instance Trials 503 602 20% Magistrate's Court Appeals to the Court of First Instance 83 83 0% District Court Appeals to the Court of Appeal 71 86 21% Court of First Instance Appeals to the Court of Appeal 61 45 -26% Appeals in Court of Final Appeal 20 20 0% Others 3 8 167% Total 2 521 2 785 10%
Take-up Rate for Criminal Legal Aid in 2012-2013
Certificates Certificates 2521 2012 2785 2013 Offers Offers Take-up Rate (as a % of offers) 2539 Take-up Rate (as a % of offers) 2801 99% 99%
22 Mr Allan Chan Wing-cho Deputy Director of Legal Aid (Litigation)
Refusal of Legal Aid
If an applicant is refused criminal legal aid on merits, he can apply to the judge who may grant legal aid on his own initiative provided the applicant is eligible on means.
In 2013, there were 28 refusals on means, 22 of which were also refused on merits. The Director exercised discretion and granted legal aid in 18 other cases even though the means of the applicants exceeded the limit. 26 applications were refused because the applicants concerned failed to supply the Director with the necessary information to conduct a means test.
Ms Sherman Cheung Suk-ying Assistant Director of Legal Aid (Litigation)
23 Chapter 2 Legal Aid Services
For refusal in respect of an appeal to the Court of Final Appeal, the appellant may appeal to a Review Committee chaired by the Registrar of the High Court and comprising a barrister and a solicitor appointed by the Chairman of the Hong Kong Bar Association and by the President of the Law Society of Hong Kong respectively. The decision of the Committee is final. In 2013, no appeal was made to the Review Committee.
Refusal Rate of Criminal Legal Aid Applications in 2012-2013
Refusal on Merits Refusal on Merits 943 2012 889 2013 (Appeal cases) Applications (Appeal cases) Applications (927) 3684 (878) 3797 (Other cases) (Other cases) (16) (11) Refusal Rate (as a % of applications) Refusal Rate (as a % of applications) 26% 23% Legal aid granted by judges notwithstanding Legal aid granted by judges notwithstanding the Director of Legal Aid’s refusal the Director of Legal Aid’s refusal 3 2 Refusal on Means (including refusals where applicants Refusal on Means (including refusals where applicants failed to provide necessary information on means) failed to provide necessary information on means) 40 (14) 54 (26) Refusal Rate (as a % of applications) Refusal Rate (as a % of applications) 1% 1%
Miss Linda Ng Wing-ping Assistant Principal Legal Aid Counsel (Crime)
24 Legal Aid Electronic Services Portal
Person over the age of 18 can submit pre-application information online for non-urgent civil and criminal cases as a first step towards making an application for legal aid. To make use of this online submission procedure and to ensure confidentiality of information transmitted online, applicants must be holders of a digital certificate issued by the Hong Kong Post or Digi-Sign.
The Legal Aid Electronic Services Portal ("LAESP") also has a means test calculator which allows members of the public to conduct a preliminary assessment of their eligibility on means if they apply for legal aid. Members of the public can visit the departmental website at www.lad.gov.hk or the mobile phone version and access the means test calculator. In 2013, the means test calculator and the mobile version means calculator received 3 006 and 3 259 hits respectively.
Legal Aid Assignments and Monitoring
Assignments
Legal aid work is not distributed to counsel or solicitors on the Legal Aid Panel equally. Interest of the legally aided persons is the paramount consideration. Counsel or solicitors are selected having regard to their level of experience and expertise, the nature and complexity of the particular case, with reference to established guidelines and criteria, which include, amongst others, minimum experience requirements, past performance records and the limit on assignments of legal aid work.
Distribution of Civil and Criminal Assignments to Solicitors / Counsel in 2013
No. of Counsel No. of Assignments *Below 3 Years *3-5 Years *6-10 Years *Over 10 Years 1-4 5 15 49 154 5-15 0 6 16 172 16-30 0 1 5 30 31-50 0 0 1 6 Over 50 0 0 0 0 Total 5 22 71 362
*Years of post-call experience
25 Chapter 2 Legal Aid Services
No. of Solicitors No. of Assignments *Below 3 Years *3-5 Years *6-10 Years *Over 10 Years 1-4 2 31 72 680 5-15 0 7 44 321 16-30 0 5 7 62 31-50 0 2 4 25 Over 50 0 0 0 13 Total 2 45 127 1101
*Years of post-admission experience
The Department has set up the Departmental Committee on Monitoring Assignments to Counsel and Solicitors to ensure that cases are assigned in accordance with the established assignment criteria and guidelines. The Committee is chaired by the Director of Legal Aid and comprises directorate officers of the Department. It considers reports on the unsatisfactory performance/conduct of assigned lawyers.
In 2013, on the advice of the Committee, 1 solicitor was put on the Record of Unsatisfactory Performance/Conduct.
Mediation in Legal Aid Cases
Legal aid covers mediators' fees and related expenses incurred by legally aided persons undergoing mediation in the course of the aided proceedings. In 2013, funding for mediation was approved in 892 assigned out cases, out of which 137 were matrimonial cases.
26 Litigation Services
In-house Civil Litigation
The Civil Litigation Section (CLS) of the Litigation Division undertakes civil litigation for aided persons whose cases have been assigned in-house.
Personal Injury Litigation
In 2013, Civil Litigation (1) of CLS took up 146 personal injuries cases including employees' compensation claims, traffic accident claims and negligence claims. Damages over $1M were recovered for aided persons in 5 cases and in one case, the damages recovered was over $12 million. The total amount of damages recovered was about $53 million.
Legal costs recovered for the professional litigation work done by our in-house officers were about $5.3 million.
Ms Tse Sze-fong Assistant Principal Legal Aid Counsel (Civil Litigation 1)
Family Litigation
In 2013, the Family Unit of the Civil Litigation (2) of CLS took up a total of 1 083 family cases including divorce, maintenance, custody and property disputes. It also handled enforcement proceedings for the recovery of outstanding maintenance and costs in family cases litigated in-house.
27 Chapter 2 Legal Aid Services
Ms Doris Lui Wai-lan Assistant Principal Legal Aid Counsel (Civil Litigation 2)
Wages Claims
The Insolvency Unit of the Civil Litigation (2) of CLS assists employees referred by the Labour Relations Office of the Labour Department to recover arrears of wages and other employment-related benefits. It also handles the ensuing winding up or bankruptcy proceedings.
Where there is sufficient evidence to support the presentation of a petition for winding-up or bankruptcy but it is uneconomical or unreasonable in the particular circumstances to institute court proceedings, the Unit will refer the case to the Protection of Wages on Insolvency Fund Board for consideration of ex-gratia payments to the employees.
In 2013, the Insolvency Unit took out 51 winding-up and 1 bankruptcy petitions. A total of 247 cases were referred to the Protection of Wages on Insolvency Fund Board for ex-gratia payments.
In-house Criminal Litigation
In addition to processing legal aid applications for criminal cases, the Crime Section of the Litigation Division also represents legally aided persons at committal proceedings in the Magistrate's Court, plea day hearing in the District Court, listing hearings in the Court of First Instance as well as bail applications at all levels of court. It also acts as instructing solicitors in cases in the Court of First Instance, the Court of Appeal and the Court of Final Appeal.
28 In 2013, 86.3% of all criminal cases in the District Court in Hong Kong were legally aided, as were 94.4% of criminal cases in the Court of First Instance.
In 2013, the Crime Section handled 1 938 cases in-house:
Court of First Instance of High Court Trials & Appeals 91(4.7%) No. of cases District Court-Plea Days 1938 1243 (64.1%)
Committal Proceedings & Others 604 (31.2%)
Total 1938 (100.0%)
Mrs Christina Hadiwibawa Cheung Ying-man Assistant Principal Legal Aid Counsel (Legal and Management Support)
29 Chapter 2 Legal Aid Services
Related Legal Support Services
Costing
The Department’s Costing Unit assesses all bills of costs submitted by assigned solicitors and opposite parties and attends taxation hearings.
Cases handled by the Costing Unit in 2012-2013
8000 7610 7339 Assessments handled
7000 Taxation hearings attended
6000
5000
4000
3000
2000
1000 213 181
0 2012 2013
30 Enforcement
The Department's Enforcement Unit (EU) handles enforcement proceedings for the recovery of judgment debts and costs in legally aided cases. In 2013, a total of 411 cases were assigned to the EU. In 307 cases enforcement proceedings were instituted. About 60% of the proceedings were instituted within 1 month from the date the cases were assigned to the handling professional officers. The table below shows the length of time taken for enforcement proceedings to be commenced from the date of assignment:
Time taken for commencement of enforcement proceedings in 2013 :
Within 1 month Within 2 months Within 3 months More than 3 months Total no. of cases 184(174) 82(102) 28(25) 13(13) 307(314) 60(55.4%) 26.7(32.5%) 9.1(8%) 4.2(4.1%) 100%(100%)
(2012 figures in bracket)
Some of these cases were settled prior to the commencement of or during the enforcement proceedings when the judgment debtors undertook, through negotiation and production of supporting documents, to pay the outstanding amount by instalments.
The costs and damages recovery ratio for cases with enforcement action handled by the Department and finalised in 2013 is as shown in the chart below:
40% of amount recovered
60% of amount not recovered 2013
31
Chapter 3 Case of Public Interest or Concern Chapter 3 Case of Public Interest or Concern
Kong Yunming v Director of Social Welfare (FACV No. 2 of 2013)
Madam Kong settled in Hong Kong in December 2005 on the strength of a one-way permit to join her husband for family reunion. Unfortunately her husband passed away the day after she arrived in Hong Kong.
In March 2006, Madam Kong applied for Comprehensive Social Security Assistance ("CSSA") with the Social Welfare Department ("SWD"). Under the then existing policy which had been in force since January 2004, any persons who had resided in Hong Kong for less than seven years did not qualify for CSSA ("7-year residence requirement"). Based on the then existing policy, Madam Kong's application was refused.
Madam Kong was granted legal aid to apply for judicial review against SWD's decision and the policy. She relied on Article 36 of the Basic Law which provides that "Hong Kong residents shall have the right to social welfare in accordance with law… ". Madam Kong argued that the 7-year residence requirement contravenes Article 36. In additon, Madam Kong also relied on Article 145 of the Basic Law which provides that "On the basis of the previous social welfare system, the Government of the HKSAR shall, on its own, formulate policies on the development and improvement of this system in the light of the economic conditions and social needs."
The Court of First Instance dismissed Madam Kong's application and ruled that the 7-year residence requirement was not unconstitutional. The decision was upheld by the Court of Appeal.
Madam Kong was granted legal aid to appeal to the Court of Final Appeal ("CFA").
The highest court reviewed the history of the residence requirement for the CSSA scheme. It started off with a residence requirement of 10 years in 1948 which was reduced over the years and eventually came down to 1 year in 1970. However, from 1 January 2004, the residence requirement of one year was increased to seven years as recommended by the then Task Force on Population Policy with aimed to provide a more rational basis for the allocation of public resources in the light of rising social expenditure and limited financial resources and to ensure the long-term sustainability of the provision of social security benefits to the community.
34 CFA decided that Article 36 confers a constitutional right on Hong Kong residents "to social welfare in accordance with law" and the CSSA is within the meaning of "social welfare" under the article. Article 145 then endorses the rules and policies established under the previous system and it implicitly regards them as rules established "in accordance with law". Therefore the one-year residence rule for CSSA derived from the previous system of social welfare and in existence as at 1 July 1997 was given constitutional protection by Article 36.
The Court has to consider whether the imposition of the 7-year residence requirement (1) pursues a legitimate societal aim, namely properly allocating finite public resources in light of rising public expenditure to ensure the long-term sustainability of the social security system, and (2) is rationally connected with the accomplishment of that end, and (3) whether the means employed are proportionate or on the contrary, they make excessive inroads into the protected right.
The Government imposed the new residence requirement in 2004 (children under 18 and current HK residents are exempted) in order to reduce the public expenditure on the grounds that firstly there was an increase of immigrants under the One-way Permit ("OWP") scheme who are usually children or unemployed spouses of Hong Kong residents. Secondly there was an increase of the ageing population in Hong Kong who need to be supported by a shrinking working age population. Thirdly there was rising expenditure on CSSA.
CFA, however, noted that many new arrivals under the OWP scheme are children under 18. They are given the largest sub-quota (60 out of the 150 daily quota) and are exempted from the 7-year residence requirement but their mothers (mostly housewives) who came to Hong Kong to take care of them are not. The humane and laudable purpose of the OWP scheme is the promotion of family union. Where a reunited family is poor, one would expect the social security scheme to operate in harmony with the OWP scheme and so make CSSA benefits available. The Court considered it illogical that there is no such exemption for mainland parents who come to take care of their children and there is no rational basis for adopting the 7-year rule for OWP arrivals. The policy underlying the OWP scheme militates against the restriction imposed by the new residence requirement.
Regarding the ageing population, the Government is right to regard the problems as serious and right to lay down policies aimed at mitigating those problems with a view to ensuring the long-term sustainability of the social welfare system. Given that the root cause of the ageing population is low fertility rate, a rational response to the ageing problem should involve encouraging the entry of young immigrants to rejuvenate the population. There is no rational connection between mitigation of the problem and the impugned policy of excluding new arrivals from receiving CSSA until they have resided here for seven years.
On the issue of rising CSSA expenditure, the Government had acknowledged the relatively insignificant level of the savings achievable by the new residence requirement which undermines the suggestion that the restriction was genuinely intended to be, or functioned as, a measure rationally designed to safeguard the sustainability of the social security system.
35 Chapter 3 Case of Public Interest or Concern
CFA found that the 7-year residence requirement aiming to curb expenditure in order to ensure the sustainability of the social security system is in fact in conflict with the family reunion policy under the OWP Scheme and the policy seeking to rejuvenate the ageing population. The Government has not justified the requirement to be rationally connected to the above legitimate societal aim. Even if there was any rational connection, the measure was wholly disproportionate and manifestly without reasonable foundation that led to contradictory policy consequences and socially insubstantial benefits.
CFA therefore concluded that the 7-year residence rule is an unjustifiable contravention of the right to social welfare in accordance with law conferred by Article 36. Madam Kong's appeal was unanimously allowed.
W v Registrar of Marriages (FACV No. 4 of 2012)
W was born in 1975 in Hong Kong and registered as a male at birth. W was later diagnosed to have gender identity disorder and had an operation for "sex change" from male to female transsexual person in 2008. The Hospital Authority certified her gender as female. She was issued with a new Hong Kong identity card and passport stating her sex as female.
W wished to marry her male partner but the Registrar of Marriages refused to register the marriage on the basis that she did not qualify as a "woman" under Section 40 of the Marriage Ordinance ("MO"), which provides that marriage is "the voluntary union for life of one man and one woman to the exclusion of all others". Further, Section 20(1)(d) of the Matrimonial Causes Ordinance ("MCO") provides that "A marriage… shall be void on any of the following grounds only ... (d) that the parties are not respectively male and female."
W was granted legal aid to seek judicial review against the Registrar’s decision.
It was submitted by W that the Registrar had misconstrued Sections 40 of the MO as W was wrongfully regarded as a man instead of a woman. Alternatively, the provisions were unconstitutional as the law failed to recognize the post-operative male-to-female transsexual as a "female" and a "woman" and was inconsistent with Article 37 of the Basic Law which provides that "The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law" and also Article 19(2) of the Hong Kong Bill of Rights ("HKBOR") which provides that "The right of men and women of marriageable age to marry and to found a family shall be recognized".
Both the Court of First Instance and Court of Appeal ruled against W.
36 W was granted legal aid to appeal to the Court of Final Appeal ("CFA").
The CFA considered the English authority of Corbett v Corbett (otherwise Ashley) [1971] which is against W. The UK court decided that marriage is the voluntary union for life of one man and one woman to the exclusion of all others. It found that the post-operative male-to-female transsexual in that case was not a woman at the date of her marriage and the marriage was void. It emphasized the fact that marriage is essentially a relationship between man and woman with procreative intercourse as the essential constituent of a marriage at common law. The case is acknowledged as authoritative in English law regarding the common law incapacity of a post- operative male-to-female transsexual to marry in her acquired gender.
Upon examination, CFA found that the legislative intent underlying Section 40 of the MO and Section 20(1)(d) of the MCO is to endorse the decision in Corbett. If the question was solely concerned with the statutory interpretation of MO and MCO, there would be no alternative but to hold that W cannot be treated as a "woman" for the purpose of marriage. However, the question then is whether a different result is reached under the Basic Law and the HKBOR.
CFA held that the legal rules as to marriage must not operate to impair the very essence of the right to marry protected under the Basic Law and the HKBOR. The Basic Law are living instruments intended to meet changing needs and circumstances. In present day, procreation was no longer regarded as essential to marriage and there was no justification for regarding the ability to engage in procreative sexual intercourse as a condition of marriage and thus deducing purely biological criteria for ascertaining a person's sex for marriage purposes. The psychological, post-operative and social dimensions of the transsexual person's sexual identity should not be ignored at the time of the proposed marriage. In view of the medical advances and social development, the purely biological criteria for determining sexual identity is considered as inadequate.
The criteria applied in Corbett and also the construction of the relevant provisions in the MO and the MCO were therefore regarded as too restrictive and incomplete in that they are limited to a person's biological features existing at the time of birth and are treated as immutable. They ignore the psychological and social elements of a person's sexual identity and ignore any sex reassignment treatment that has occurred, and does not permit a full assessment of the sexual identity of an individual for determining whether such person has the right to marry. They fail to give proper effect to the constitutional right guaranteed by Article 37 of the Basic Law and 19(2) of the HKBOR.
CFA by a majority allowed W's appeal and held that it is necessary in principle that a remedial interpretation should be given to Section 40 of the MO, that is, the references to "woman" and "female" to be read as capable of accommodating post-operative male-to-female transsexual persons for marriage purposes and as allowing account to be taken of the full range of criteria for assessing sexual identity, viewed at the date of the marriage or proposed marriage.
W should in principle be granted a declaration that she is in law entitled to be included as "a woman" within the meaning of Section 40 of the MO and therefore eligible to marry a man.
37
Chapter 4 Customer Services Chapter 4 Customer Services
The Department is committed to developing and maintaining a highly-motivated, caring and responsive workforce and keeps finding ways to better its performance through a customer- focused approach when delivering its services.
Performance Pledges
Processing of Applications
In 2013, the Department's actual performance exceeded the various targets set in the performance pledges for processing time.
Actual Performance Types of Applications Standard Processing Time Performance Targets in 2013
Within 3 months from the Civil Legal Aid 85% 85% date of application
Criminal Legal Aid Appeals
- Appeal against Within 2 months from the 90% 96% sentence date of application
- Appeal against Within 3 months from the 90% 95% conviction date of application
Court of First Instance of Within 10 working days from the High Court / District the date of application 90% 94% Court
Within 8 working days from Committal proceedings 90% 94% the date of application
40 Payment to Aided Persons and Service Providers
In 2013-14, the Department paid out $571 million to lawyers/experts/other parties and $1,015 million to legally aided persons. During the year, the Department exceeded all performance targets on payment:
Actual Performance Payment Targets Service Delivery Standard Performance in Targets 2013
Interim Payment 95% 99% Within 1 month from receipt of monies due to the aided person and/or receipt of estimation of costs from the assigned solicitor, whichever is appropriate. Aided Persons Final Payment 95% 99% Within 6 weeks from date of agreement of all costs and disbursements related to the case, and receipt of all monies due to the aided person and the Director of Legal Aid.
Advance Payment 95% 99% Within 6 weeks from receipt of bill.
Balance Payment 95% 99% Lawyers / Experts / Within 6 weeks from date of agreement of Other Parties all costs and disbursements related to the case, or receipts of all monies due to the aided person and the Director of Legal Aid, whichever is later.
41 Chapter 4 Customer Services
Analysis of Legal Aid Costs by Nature of Expenditure
2012-13 2013-14 Nature of Expenditure ($M) ($M)
Solicitors Costs 299.1 321.9
Counsel Fees 135.5 153.2
Doctors Fees 8.2 8.6
Opposite Party Costs 20.4 34.4
Others (Note) 49.6 52.6
Total 512.8 570.7
Note: These include expenses for land and company searches, court fees & taxing fees, law costs draftsman's fee, expert's fee, copying charges, bank charges, and miscellaneous expenses.
Customer Feedback
With a view to enhancing our provision of services to public, the Department regularly conducted comprehensive surveys on customer feedback on different aspects of the legal aid services. The surveys covered the application and processing procedures for legal aid and the Department's in-house litigation services. Different methodologies such as on the spot collection and mail surveys were used depending on the points of contact and on the stages and types of services rendered to the customers. The overall customer satisfaction level remained high in 2013. The charts at Appendix 2 illustrate the major findings of the survey on customer feedback.
42 Customer Service Initiatives
Sample Completed Application Forms
In response to customer feedbacks received, the Department has in 2013 prepared 2 more sample completed application forms for applicants receiving Comprehensive Social Security Assistance or applying in a representative capacity to serve as a guide in completing the application forms. The sample forms were available at the reception counters of the Department's offices and uploaded to the Department’s website.
Criminal Legal Aid Leaflet at Duty Lawyers Offices
In response to a suggestion from a member of public, the Department has in 2013 placed the leaflet "How to apply Legal Aid in Criminal Cases" in the Court Liaison Offices of seven Magistrates' Courts for access by persons involved in criminal cases.
Expanded Phone Payment System
Aided persons and the opposite parties in the legally aided proceedings can make payment of contributions, judgment debts or costs of the proceedings to the Department by installment through the Payment by Phone Service ("PPS"). Figures showed that PPS continued to gain popularity among aided persons and the opposite parties as the preferred means of effecting payment to the Department.
Upon the implementation of enabling applicants to make one-off payment of contribution by PPS in 2012, the Department conducted a feasibility study in 2013 on expanding the scope of PPS to cover one-off payment for all other types of payments to the Department including payment of judgment debts or costs by the opposite parties with a view to affording greater convenience to anyone who has to make payments to the Department. The expanded scope would be implemented in 2014.
Mobile version of Means Test Calculator
To further widen public access to our means test calculator, a mobile version was developed in July 2011 enabling prospective legal aid applicants to make a preliminary assessment of their financial eligibility for legal aid via mobile phone. In 2013, the mobile version means test calculator received 3 259 hits.
43 Chapter 4 Customer Services
Enquiries, Complaints and Representations
The Department places great importance on enquiries, complaints and representations received from our customers. Customer's concerns and suggestions are viewed by the Department as a means of improving its service and ensuring the fulfilment of its statutory functions. The Departmental Customer Service Manager who is a senior directorate would meet with a team of Assistant Customer Service Managers and Officers regularly to review feedbacks and concerns on our services and recommend follow up actions where necessary.
Complaints
The Department believes effective handling of complaints is essential to the delivery of quality legal aid services to the public and places a great deal of importance on complaints handling. The Assistant Director of Legal Aid (Policy and Development) has been designated the Complaint Liaison Officer to coordinate the handling of all the complaints received. Members of the public may lodge complaints in person with the Customer Service Officers of individual sections or by telephone or in writing to the Department by post, email or by fax. All complaints received will be handled according to the Department's complaint handling mechanism which is in compliance with the Government's general complaint handling guidelines. The Department will investigate and handle all complaints impartially and expeditiously. In general, an interim reply will be given within 10 days if the complaint is complicated, and a substantive reply will be given within 30 days after receipt of a complaint.
Representations
To qualify for legal aid, applicants must pass both the means and merits tests. If anyone believes that a person should not have been given legal aid on means and/or merits, they can write to us and let us know the reasons. The Application and Processing Division is responsible for conducting review into representations against grant of legal aid on merits. Representations against grant of legal aid on means are handled by the Special Duties and Research Unit. The Department has published a leaflet to explain the investigation system and to address the frequently asked questions. Please visit http://www.lad.gov.hk/eng/ documents/ppr/publication/Not_Happy_en.pdf to view the leaflet.
In 2013, the Special Duties and Research Unit received 50 representations against grant of legal aid on means and completed investigation in 51 cases. Six cases were referred to the police for investigation as to whether any offence was committed under Section 23 of the Legal Aid Ordinance, Cap. 91 and in one case, whether an offence was also committed under Section 18A of the Theft Ordinance, Cap. 210.
44 Means representations received and investigation outcome in 2012-2013:
50 50 Year 2012 44 42 Year 2013 40
30 30
20
10 7 7
0 No. of representation No. of unsubstantiated No. of substantiated received received received
LAD’s Hotline Service - the Interactive Voice Response System
The Department's hotline service provides a fast and convenient means for members of the public to learn about the legal aid services. It has recorded messages in Cantonese, Putonghua and English on different aspects of legal aid services such as application procedures, eligibility criteria for civil and criminal legal aid, the aided person's liability to contribute towards the costs of aided proceedings etc. Where necessary, callers can speak to a staff member of the Department who will answer their queries concerning legal aid during office hours.
45
Chapter 5 Publicity Programmes Chapter 5 Publicity Programmes
The Department is committed to ensure that no one who qualifies for legal aid is denied access to justice because of lack of means. Every year the Department organizes or participates in various activities to enhance the public's awareness and knowledge of the legal aid services provided by the Department.
Promotional Activities
2013 Law Week
As in the past, the Department sponsored and participated in the organization of the annual territory-wide event Law Week 2013, which was launched by The Law Society of Hong Kong on 30 November 2013. The Opening Ceremony held at Asia World-Expo was attended by the Honourable Chief Justice Mr Justice Geoffrey Ma; the Secretary for Justice, Mr Rimsky Yuen SC; Legislative Council Member the Honourable Mr Dennis Kwok; the Chairman of Hong Kong Bar Association, Mr Paul Shieh; the President of The Law Society of Hong Kong, Mr Ambrose Lam; the Chairman of Law Week 2013 Organizing Committee, Mr Thomas So and the Director of Legal Aid, Mr Thomas Kwong.
Further, the Assistant Principal Legal Aid Counsel (Application & Processing Division), Ms Juliana MK Chan took part in two roller features of a TV drama series as part of the promotional programme of Law Week promoting the service of legal aid especially to victims of traffic and work-related accident. Ms Chan also participated in the shooting of an episode on legal aid service broadcast on Roadshow.
Photo: Chapter 5_Law Week
Director of Legal Aid, Mr Thomas Kwong (second from right) officiated at the Opening Ceremony of Law Week 2013 together with other distinguished guests.
48 Promotion of Legal Aid Services to External Bodies/Organizations
In 2013, we met with a number of counterpart organizations from overseas and the Mainland to exchange views on issues of common interest in legal aid work and spoke on the latest development of legal aid in Hong Kong.
In October 2013, the Deputy Director of Legal Aid (Policy and Administration), Ms Alice Chung and the Assistant Director of Legal Aid (Policy and Development), Ms Juliana OY Chan received the Director of Research and Policy, Mrs Isma Juliana binti Ishak and the Director of Litigation and Advice (Civil), Ms Aida Fatimah binti Abd. Jabar of the Legal Aid Department of Malaysia and exchanged views on legal aid work in Malaysia and Hong Kong.
In November 2013, the Assistant Director of Legal Aid (Policy and Development), Ms Juliana OY Chan and the Assistant Principal Legal Aid Counsel (Crime), Ms Linda Ng received the Deputy Director of the Creative Administration Division of the Planning & Coordination Bureau, Ministry of Justice of Republic of Korea and his delegation introducing the legal aid system in Hong Kong.
49 Chapter 5 Publicity Programmes
In December 2013, the Director of Legal Aid, Mr Thomas Kwong and the Deputy Director of Legal Aid (Policy and Administration), Ms Alice Chung, met with Director of Political Department, Ministry of Justice, Ms Zhang Yanzhen who was accompanied by five senior officials from Mainland China to understand the latest development of legal aid services in Hong Kong.
In addition, the Department also received the following delegations/groups in 2013 and they are:
14 delegations/groups including : Overseas bodies - Academics Law students from Murdoch University, Australia Chinese scholars from universities of Mainland China Law students from Shantou University Law School Law students of Peking University from Beijing Mainland - Academics Law students from China Youth University of Political Science Delegation of public interest lawyers and personnel of non-official organizations and law students from universities in Mainland China Delegation of Mainland Officials from Qinghai Province Mr Sha Wen-lin, Deputy Director together with 11 Mainland Officials from Department of Justice/Bureau, Jiang Xi Province A group of Senior Judges A group of Mainland officials under Training Scheme in Mainland - Officials Common Law 2012/13 Delegation of Mainland Officials from Xinjiang Uyghur Aptonom Rayoni A group of Mainland Officials from Shenzhen Municipal Government Mainland Officials from Hefei City Officials from Mainland Justice Department/Bureau
Please visit http://www.lad.gov.hk/eng/wnew/event.html for the details and photos of the events.
50 Promotion of Legal Aid Services to Legal Practitioners
The Department places great importance on working in partnership with the legal profession to deliver quality legal aid services to the public. To enhance the legal profession’s understanding and knowledge of our services, the Director of Legal Aid, Mr Thomas Kwong delivered a talk on legal aid reforms at a seminar organized by The LegCo Office of Dennis Kwok, the Legislative Councilor for the Legal Functional Constituency on 8 November 2013.
Promotion of Legal Aid Support for Mediation
Litigating through the courts can be lengthy and expensive. For this reason the court encourages litigants to attempt mediation to resolve their disputes. Since the implementation of the Civil Justice Reform in 2009, legally aided persons involved in civil proceedings have been given funding support for mediation as an additional means of resolving disputes for which they are given legal aid.
On 12 November 2013, the Director of Legal Aid, Mr Thomas Kwong, Deputy Director of Legal Aid (Application and Processing), Mr Chris Chong, Assistant Director of Legal Aid (Policy and Development), Ms Juliana OY Chan and Assistant Director of Legal Aid (Litigation), Ms Sherman Cheung, visited the Financial Dispute Resolution Centre and exchanged views on legal aid services and the promotion of mediation with the Centre's Chief Executive Officer, Ms Sou Chiam and her colleagues.
51 Chapter 5 Publicity Programmes
Reaching out to the Community
To promote legal aid services among the ethnic minorities, the Assistant Principal Legal Aid Counsel (Legal and Management Support), Mrs Christina Hadiwibawa delivered a talk on the legal aid system in Hong Kong in September 2013 to the staff and volunteers of the HOPE Centre of International Social Service Hong Kong Branch as well as staff of non-government organizations serving the ethnic minorities.
In November 2013, the Assistant Director of Legal Aid (Policy and Development), Ms Juliana OY Chan and Senior Law Clerk II (Special Duty & Research Unit), Ms Josephine Kwok, met with over 180 Form Five students of Baptist Wing Lung Secondary School in Tuen Mun and briefed them the legal aid services provided by the Department and the nature of work undertaken by Legal Aid Counsel and Law Clerks.
Public Information
LAD News
The Legal Aid Departmental News is published to keep the public informed of the latest developments of services delivered by the Department. It also helps enhance public understanding and awareness of our services.
To enhance better understanding of the Department's services, the main article of the 39th issue of LAD News published in June 2013 highlighted some of the common misconceptions about legal aid services with examples of frequently asked questions to facilitate readers' understanding of our services.
52 QR Codes
To facilitate public access to our webpage, 40 QR codes for our publications were created in July 2013. QR codes will be included in new issues of existing publications of the Department.
Updating of Departmental Leaflets
The Department published a series of fact sheets and flowcharts advising the public of the scope of civil litigation relating to personal injuries, employees' compensation, seaman wages and medical negligence claims as well as the steps involved in making an application. Updating of various fact sheets and flowcharts was completed in July 2013.
The Department had also published a leaflet to explain the investigative mechanism concerning representations against grant of legal aid on merits and/or means and to address the frequently asked questions. In 2013, the leaflet was updated to explain that to enable the Department to carry out thorough investigation, information provided by representors might have to be disclosed to the aided person concerned so as to give the aided persons an opportunity to explain.
Other publications such as the Financial Information Sheet which contained comprehensive information on financial eligibility, contributions payable by an aided person towards the costs of litigation and the Director's First Charge were also revised to reflect changes implemented in 2013.
A list of publications of the Department is at Appendix 5.
Website
The Department regularly updates the contents of its website to provide comprehensive and timely information to the public and legal aid practitioners. In 2013, the Department was granted the Gold Award under the Web Accessibility Recognition Scheme, which was co-organised by the Office of the Government Chief Information Officer and the Equal Opportunities Commission, for attaining the standard of W3C[1] WCAG 2.0[2] Level AA[3] in the website.
[1] World Wide Web Consortium [2] Web Content Accessibility Guidelines (Version 2.0) [3] Level AA would generally enable persons with disabilities to use the website
53
Chapter 6 Organisation, Administration and Staffing Chapter 6 Organisation, Administration and Staffing
The Department has three Divisions, namely the Application and Processing Division, the Litigation Division and the Policy and Administration Division, each headed by a Deputy Director. The organisation chart can be found at the departmental website at http://www.lad. gov.hk/eng/ginfo/oo.html.
Ms Alice Chung Yee-ling Deputy Director of Legal Aid (Policy and Administration)
Staffing
At the end of 2013, the Department had 538 staff comprising 74 professional officers, 169 law clerks and 295 supporting staff which included 3 newly recruited Legal Aid Counsel and 13 Law Clerks.
Training and Development
The Department is committed to developing and maintaining a highly-motivated and well- trained workforce to provide quality professional services to our customers. Every year the Department arranges various general and professional training courses for our staff of all levels to equip them with the latest knowledge and skills needed to face the challenges ahead. The Training Unit, which is headed by a Senior Training Officer, is responsible for formulating, implementing and reviewing the Department's training and development policies and plans to meet the operational and development needs of staff.
56 Job-Related Professional Training
In 2013, the Department organized a number of job-related classes aiming at providing staff with the relevant work knowledge and skills to serve the public professionally. To keep our professional officers abreast of the changes and development in the relevant legislation and law, in-house courses included Update on Matrimonial and Employees’ Compensation practice, How to Assess Bills of Costs, Procedures on Assessment of Costs and Introduction to the Anti-discrimination Laws were organised and attended by a total of 55 professional officers.
In addition, during the year the Department also sponsored 50 professional officers to attend external seminars covering various topics such as Civil Law, Arbitration in Ancillary Relief, Recent Changes to the Trust Law in Hong Kong, Commercial Crime – Dealing with Law Enforcement, Custody Issues and the Related Practice and Procedures, Road Traffic Offences, Update on Family Law, Handling Medical Negligence Cases, The New Competition Ordinance, Civil Justice Reform and Civil Procedure Updates, Legal Workshop on Data Protection, Victims of Sex Crimes; and Ex-Employees and Intellectual Property Rights – IP Issue in an Employment Context. Besides, 2 professional officers attended the Mainland Legal Studies Course held at the Peking University on the Mainland.
Management Courses
To strengthen staff's management capability, the Department organized in-house management courses such as Workshop on Performance Appraisal Writing and Seminar on Communication and Counselling Skills for Managerial Effectiveness. 27 professional officers were arranged to attend management courses organized by the Civil Service Training and Development Institute, Civil Service Bureau (CSTDI, CSB) and external institutes. Courses included Hong Kong Statistics for Business, How to be a Good Team Leader, Team Leadership, Ethical Leadership, Improving Public Services through Commissioning and Contestability, People Management in the Public Sector, Persuasion and Influencing Skills, The Art and Science of Negotiation, Leading Innovation and Change, Leading Strategic Change; and Building Resilience.
3 professional officers were nominated to attend executive development programmes organized by CSTDI, CSB, namely Advanced Leadership Enhancement Programme, Leadership in Action and Innovative Managers Programme.
During the year, staff also attended Putonghua courses to enhance their spoken Putonghua level for receiving applicants speaking Putonghua and delegates from the Mainland. A total of 25 professional officers attended the courses.
57 Chapter 6 Organisation, Administration and Staffing
Training on Customer Service
The Department places great importance on nurturing a custom-focused culture. To enhance staff's skills in delivering quality service to the public, the Department, on an on-going basis, organizes in-house training courses and sponsors staff of different levels to attend customer service courses held by CSTDI, CSB and external institutes. In 2013, 51 staff members, including general grade staff attended the following courses:
• Communicating with Tact for Dealing with Customers • Complaint Management • Customer Service Skills on the Telephone • Handling Customer Complaints • Preventing and Handling Sexual Harassment Complaints • Quality Customer Service • Replies to Enquiries and Complaints • Replying to Customer Complaints • Sign Language for Frontline Staff
To promote staff well-being, an in-house workshop on Relieving Work Pressure with Acupressure Therapy was organized. A total of 140 staff members attended the workshop.
Training on General Subjects
Every year the Department will nominate staff to attend courses and seminars on general subjects such as civil service values, official writing, stress management, Basic Law, Putonghua, occupational safety and health, equal opportunities, information technology; and records management organized by the CSTDI, CSB, other departments and external institutes. In 2013, 155 staff members attended these courses.
Regarding National Studies training, 6 professional officers attended programmes held at Chinese Academy of Governance, Peking University, Jinan University, Nanking University and Zhejiang University.
58 Promoting Self-Learning and Development: In-house Learning Resource Centre
To cultivate the culture of continuous self-learning, the Department's Learning Resource Centre maintains a wide range of books and learning resources covering various subjects such as management, communication, language, national studies, personal development, positive thinking, stress management; and healthy lifestyle for loan by staff. In 2013, the Department further expanded the coverage of books on staff well-being by adding 70 new books to the Learning Resource Centre to promote work-life balance.
To facilitate easy access to self-learning materials by staff, resources on IT tips, use of Chinese as well as reference materials of in-house training courses were uploaded onto the departmental portal. Staff can also have direct access to CLC Plus, the e-learning portal for all civil servants, which contains a great variety of self-learning resources, toolkits and job aids on management, language, communication; and information technology. As at end of 2013, 263 staff members have registered as CLC Plus members.
59 Chapter 6 Organisation, Administration and Staffing
Information Systems
The Department places great importance to update its IT infrastructure and office automation facilities to facilitate prompt and efficient delivery of legal aid services to the public.
The Department's Case Management and Case Accounting System (CM&CAS) supports over 500 staff users in handling day-to-day legal aid business processes such as processing applications and handling legal aid payments. In 2013, the CM&CAS was further enhanced to facilitate costing staff to submit declaration of conflict of interest electronically.
The Legal Aid Electronic Services Portal (LAESP) which was launched in 2008 provides an online gateway through which members of the public and panel lawyers can gain access to information and transact certain legal aid business with the Department online.
Members of the public can access the LAESP to download and submit legal aid pre-application information forms to the Department as a first step towards making an application for legal aid. The means test calculator and its mobile version which provide potential applicants a preliminary assessment of their financial eligibility for legal aid had 3 006 and 3 259 hits in 2013 respectively.
To enhanced e-communication with panel lawyers, the Department has since March 2013 replaced the requirement of digital certificate with user ID and individual passwords for panel lawyers to submit certain case reports and data update forms to our Portal. We had also conducted a review on the user interface of the system to enhance user friendliness. The enhancement is targeted to be implemented in 2014.
Taking into account technological development, the Department had upgraded the operating system, hardware and software of the Departmental Portal and the Electronic Mail System. The upgrade for the LAESP hosting platform, Office Automation facilities and the Virtual Private Network had commenced and is expected to complete in 2014.
Ms Juliana Chan Oi-yung Assistant Director of Legal Aid (Policy and Development)
60 Staff Relations and Communication
The Department maintains effective communication with staff through regular meetings with various staff representative bodies such as the Departmental Consultative Committees, the Law Clerks Association and the Legal Aid Counsel Association. As a result of discussion at these meetings, improvements were made in areas such as office accommodation, streamline of working procedures, indoor air quality and human resources planning.
The Director of Legal Aid visited each section regularly throughout the year with a view to exchanging ideas with staff of all levels including professionals and received their views on work arrangements and procedures for further review and improvement. Divisions/Sections continued to implement their respective internal communication strategies in consultation with staff. Informal meetings were also held between the Deputy Director of Legal Aid (Policy and Administration) and Senior Law Clerks I and II and general grades staff regularly to collect their views on work and to explore areas for improvement. The Department continued to publish staff newsletter three times a year to keep staff abreast of development in the Department, to promote their sense of belonging and to enhance communication.
Staff Welfare
The Department values the general well-being of its staff. The objective of the Staff Club, which was formed in 1988, is to promote staff welfare by organising a wide range of activities and to bring about opportunities where staff can meet and interact whilst engaging in relaxing and enriching activities.
To provide staff with opportunities to keep a healthy balance between work and relaxation, Yoga classes together with an excursion to the Hong Kong Geopark in Sai Kung were organized. Recreational activities including the Annual Dinner and mini bazaars to celebrate Chinese New Year, Dragon Boat Festival and Mid-Autumn Festival were also held. Interest classes held such as dessert making and bakery classes were very popular among staff.
61 Chapter 6 Organisation, Administration and Staffing
During the year, the Volunteer Service Group which was formed in 2002 to encourage staff participation in volunteer services, participated in various fund raising activities such as the Rice Selling Campaign organised by Oxfam Hong Kong, MSF Day Fund Raising Campaign organised by Medecins Sans Frontieres, World Sight Day organised by ORBIS Hong Kong and the Chinese New Year Gift Transfer Program organised by St James' Settlement (People's Food Bank). 50 scarves knitted by colleagues were also donated to St James' Settlement. It was worth mentioning that the Department attained the 2nd Top Fund-raiser Award in the Civil Service Category of Dress Casual Day organized by The Community Chest.
Environmental Initiatives
The Department is committed to ensuring its operations and activities are conducted in an environmentally responsible manner. The Department makes efforts to minimise waste, conserve energy, promote "reuse" and "recycle" of resources and enhance staff awareness and participation in protecting the environment.
The Department undertakes regular reviews to ensure that the use of its resources is in an efficient and green manner. Details of the Department's environmental initiatives in 2013 can be found in the Department's Environmental Report at the departmental website http:// www.lad.gov.hk/eng/ppr/publication/enr.html
62 Internal Audit
The Internal Audit Section ("IAS") is an independent team established to assist management to ensure that adequate control procedures and systems are in place to safeguard the Department's assets. It also carries out reviews of the various activities of the Department in order to ensure an economical, efficient and effective use of the Department's financial, human and other resources.
During the year, IAS reviewed the administration of the criminal legal aid fees system and the utilization of office equipment. It also carried out audits on the use of the Integrated Registration Information System provided by the Land Registry for conducting land searches in legal aid cases and performed periodical checks on means investigation reports, petty cash, imprest, etc.
Support Service to the Legal Aid Services Council
Legal Aid Services Council ("LASC") is a statutory body set up under the Legal Aid Services Council Ordinance, Cap. 489 to oversee the provision of legal aid services. The LASC is responsible for advising the Chief Executive on matters of policy relating to legal aid. The LASC is chaired by a non-official who is not a professional lawyer. There are a total of 10 members comprising the Director of Legal Aid, representatives of the two legal professional bodies and lay members chosen from other fields. Representatives of the Department attend meetings of the Council and its Interest Groups and participate in its activities in promoting public awareness and understanding of the role of the Council and its relationship with the Department.
During the year, the Department provided the Council with regular progress reports and information papers on different aspects of legal aid services, such as the Annual Review of Financial Eligibility Limits of Legal Aid Applicants, the Biennial Review of Criminal Legal Aid Fees and the proposed declaration system for assignment of nominated lawyers in legally aided cases.
63
Appendices Appendix 1 Revenue and Expenditure
Revenue 2012-13 2013-14 ($M) ($M)
1 Criminal cases 3.7 2.1
Civil cases 2 In-house 13.7 12.3 Assigned-out 200.9 243.4
3 Official Solicitor 3.9 3.5
Supplementary Legal Aid Scheme 4 Legal costs 0.5 1.2 Administration fee 2.2 3.2
Total 224.9 265.7
Expenditure by Items 2012-13 2013-14 ($M) ($M)
1 Personal Emoluments 239.3 250.5
2 Personnel Related Expenses 4.0 4.9
3 Departmental Expenses 14.9 15.3
Legal Aid Costs (for both in-house and assigned-out cases) 4 Civil 418.8 463.5 Criminal 94.0 107.3
Total 771.0 841.5
Expenditure by Programmes 2012-13 2013-14 ($M) ($M)
1 Processing of Legal Aid Applications 92.3 96.7
2 Litigation Services 633.0 695.8
3 Support Services 33.3 34.1
4 Official Solicitor’s Office 12.4 14.9
Total 771.0 841.5
66 Appendix 1 Revenue and Expenditure
Analysis of Expenditure for Civil Cases by Types of Cases Types of Cases 2012-13 2013-14
Matrimonials 21.2% 19.1%
Misc. Personal Injuries 28.1% 29.3%
Employees’ Compensations 11.2% 10.9%
Running Downs 11.4% 10.0%
Immigration Matters 1.7% 1.2%
Land & Tenancy Disputes 3.9% 5.1%
Wages Claims 0.3% 0.2%
Miscellaneous 22.2% 24.2%
Total 100% 100%
Analysis of Expenditure for Criminal Cases by Types of Cases Types of Cases 2012-13 2013-14
Hearings in District Court 56.2% 57.6%
Hearings in Court of First Instance 35.0% 32.3%
Appeals from Magistracy 2.2% 2.3%
Appeals from District Court 2.2% 2.6%
Appeals from Court of First Instance 2.4% 2.6%
Appeals in Court of Final Appeal 2.0% 2.6%
Total 100% 100%
67 Appendix 1 Revenue and Expenditure
Supplementary Legal Aid Fund - Income and Expenditure Account Note 1 Note 2 For the year ended For the year ended 30 September 2012 30 September 2013 ($) ($) Income Injection from the Government of - 100,000,000 Hong Kong Special Administrative Region Application fees 59,080 62,000 Percentage contributions 2,601,301 3,302,468 Interest income 1,567,790 1,810,337 Recovery of legal aid costs of a case 145,600 10,000 finalised in previous years 4,373,771 105,184,805 Less : Expenditure
Administration fee 2,221,760 3,164,642 Bank charges 180 75 Phone Payment Service charges 31 56
Legal costs and expenses paid for finalised cases
Unsuccessful applications 284,736 136,997
Unsuccessful litigation - costs to opposite parties 915,338 910,056 - other disbursements 1,634,338 1,281,162
2,549,676 2,191,218 Successful litigation - costs to opposite parties - 195,985 - other disbursements - 1,030
- 197,015
Payment to an aided person of - 8,970 over-recovered legal aid costs of a case finalised in previous years 5,056,383 5,698,973
Surplus/(Deficit) for the year (682,612) 99,485,832
Notes : 1. The financial year of the Supplementary Legal Aid Fund runs from 1 October of one year to 30 September of the following year. As at 30 September 2013, the net assets of the Supplementary Legal Aid Fund were increased by $99,485,832 to $186,399,597. 2. Auditors’ Report for the statement of account for the year ended 30 September 2013 has not yet been issued as the account is being audited by the Audit Commission.
68 Appendix 2 Findings of the Survey on Customer Feedback
Overall Satisfaction Rate 2012 2013 Application Services Application and Processing / Headquarters 100% 100% Kowloon Branch Office 98% 99% Insolvency Unit 100% 97% Crime Section 99% 100% Litigation – Mid-Litigation Stage In-house Litigation of Family / Matrimonial Cases 98% 96% In-house Litigation of Personal Injuries Cases 100% 100% Cases handled by Assigned Solicitors 94% 94% Litigation – Conclusion Stage In-house Litigation of Family / Matrimonial Cases 96% 95% In-house Litigation of Personal Injuries Cases 100% 98% Cases handled by Assigned Solicitors 88% 85%
(A) Application Service (Means Test and Merits Test) Application Kowloon and Insolvency Crime Branch Processing / Unit Section Office Headquarters 2012 2013 2012 2013 2012 2013 2012 2013 Response Rate 100% 100% 98% 96% 99% 100% 100% 100% Overall Satisfaction 4.47 4.50 4.42 4.50 4.70 4.78 4.36 4.49 Convenience (e.g. LAD hotline or pamphlet is 4.38 4.40 4.04 4.12 4.47 4.66 4.04 4.17 easily accessible, user-friendly, etc.) Service Manner (Staff manner) 4.57 4.58 4.59 4.64 4.74 4.75 4.44 4.52 Service Efficiency (e.g. in means / merits testing, etc.) 4.39 4.44 4.36 4.44 4.67 4.71 4.34 4.44 Clear Information (Whether information given is clear) 4.40 4.42 4.20 4.28 4.67 4.78 4.18 4.30 Procedure (Date of interview fixed) 4.42 4.46 4.22 4.28 4.66 4.79 4.38 4.43 Satisfaction level ranges from the min. 1 to max. 5 (Very satisfied = 5; Satisfied = 4; Average = 3; Dissatisfied = 2; Very Dissatisfied = 1)
69 Appendix 2 Findings of the Survey on Customer Feedback
(B) Litigation – Mid-Litigation Stage In-house Litigation of In-house Litigation of Cases handled by Family / Matrimonial Cases Personal Injuries Cases Assigned Solicitors 2012 2013 2012 2013 2012 2013 Response Rate 98% 100% 100% 100% 27% 27% Overall Satisfaction 4.35 4.55 4.67 4.74 4.53 4.56 Convenience (Easy to 4.33 4.55 4.56 4.70 4.58 4.61 contact lawyer / staff)
Service Manner (Staff 4.57 4.69 4.83 4.80 4.62 4.63 manner)
Clear Information (Whether 4.26 4.46 4.67 4.56 4.43 4.47 information given is clear)
Procedure (Client informed of progress / procedure of 4.31 4.51 4.78 4.63 4.44 4.48 the case) Satisfaction level ranges from the min. 1 to max. 5 (Very satisfied = 5; Satisfied = 4; Average = 3; Dissatisfied = 2; Very Dissatisfied = 1)
(C) Litigation – Conclusion Stage In-house Litigation of In-house Litigation of Cases handled by Family / Matrimonial Cases Personal Injuries Cases Assigned Solicitors 2012 2013 2012 2013 2012 2013 Response Rate 100% 100% 100% 98% 21% 18% Overall Satisfaction 4.50 4.52 4.67 4.72 4.31 4.30 Convenience (Easy to 4.36 4.47 4.65 4.74 4.33 4.35 contact lawyer / staff)
Service Manner (Staff 4.58 4.64 4.80 4.86 4.41 4.40 manner)
Clear Information (Whether 4.37 4.44 4.67 4.67 4.22 4.19 information given is clear) Result (Outcome) 4.44 4.51 4.70 4.59 4.24 4.21 Procedure (Client informed of progress / procedure of 4.38 4.52 4.68 4.74 4.19 4.20 the case) Satisfaction level ranges from the min. 1 to max. 5 (Very satisfied = 5; Satisfied = 4; Average = 3; Dissatisfied = 2; Very Dissatisfied = 1)
70 Appendix 3 Director of Legal Aid and Section Heads (as at 31 December 2013)
Director of Legal Aid Mr Thomas Edward Kwong (Acting)
Deputy Director of Legal Aid Ms Alice Chung Yee-ling (Policy and Administration)
Deputy Director of Legal Aid Mr Allan Chan Wing-cho (Litigation)
Deputy Director of Legal Aid (Application and Processing) Mr Chris Chong Yan-tung (Acting)
Assistant Director of Legal Aid (Application and Processing) Ms Mo Yuk-wah (Acting)
Assistant Director of Legal Aid Ms Sherman Cheung Suk-ying (Litigation)
Assistant Director of Legal Aid Ms Juliana Chan Oi-yung (Policy & Development)
Assistant Principal Legal Aid Counsel Mrs Christina Hadiwibawa Cheung Ying-man (Legal and Management Support)
Assistant Principal Legal Aid Counsel / Ms Juliana Chan Miu-kuen Application and Processing (1)
Assistant Principal Legal Aid Counsel / Application and Processing (2) Mr Francis Chan Wan-kit (Acting)
Assistant Principal Legal Aid Counsel Mr Steve Wong Yiu-fai (Kowloon Branch Office)
Assistant Principal Legal Aid Counsel Ms Tse Sze-fong (Civil Litigation 1)
Assistant Principal Legal Aid Counsel Ms Doris Lui Wai-lan (Civil Litigation 2)
Assistant Principal Legal Aid Counsel Miss Linda Ng Wing-ping (Crime)
Departmental Secretary Ms Eileen Fan Wai-ling (Acting)
Departmental Accountant Mr Cliff Tse Kam-tong
71 Appendix 4 Address and Communication
Headquarters
24/F to 27/F • Application and processing of civil and criminal cases Queensway Government Offices • Criminal litigation 66 Queensway • Civil litigation Hong Kong - Personal injury litigation - Enforcement of court orders Tel: 2537 7652 (Civil Litigation) • Legal and management support 2867 3067 (Criminal Litigation) • Policy and administrative support Fax: 2537 5948
Hong Kong Sub-office
30/F Revenue Tower 5 Gloucester Road Wanchai, Hong Kong • Family and insolvency litigation
Tel: 2537 7677 Fax: 2537 5960
Kowloon Branch Office
G/F, 3/F & 4/F Mongkok Government Offices 30 Luen Wan Street Mongkok, Kowloon • Application and processing of civil cases
Tel: 2399 2544 Fax: 2397 7475
24-hour Telephone Enquiry Service: 2537 7677 Email: [email protected] Website: http://www.lad.gov.hk
72 Appendix 5 List of Publications
香港法律援助服務指南 1. 繁/簡/English Guide to Legal Aid Services in Hong Kong 顧客服務標準 2. 繁/簡/English Customer Service Standards 怎樣申請－尋求法律服務 3. 繁/簡/English How to Apply Legal Services 怎樣申請民事訴訟的法律援助 4. 繁/簡/English How to Apply Legal Aid in Civil Cases 怎樣申請刑事訴訟的法律援助 5. 繁/簡/English How to Apply Legal Aid in Criminal Cases 怎樣申請法律援助輔助計劃 6. 繁/簡/English How to Apply Supplementary Legal Aid Scheme 怎樣計算你的財務資源及分擔費 7. 繁/簡/English How Your Financial Resources and Contribution are Calculated 法律援助訴訟的分擔訟費及法律援助署署長的第一押記 8. 繁/簡/English Contribution towards Costs of Legal Aid Case and Director of Legal Aid’s First Charge 法援通訊 9. 繁/ English LAD News 受助人須知（申請及審查科） 10. 繁/簡/English Important Notice for Legally-Aided Persons (Application & Processing Division) 受助人須知（人身傷害訴訟） 11. 繁/ English Important Notice for Legally-Aided Persons (Personal Injuries Litigation) 受助人須知（家事訴訟） 12. 繁/ English Important Notice for Legally-Aided Persons (Family Litigation) 受助人須知（清盤破產訴訟） 13. 繁/ English Important Notice for Legally-Aided Persons (Insolvency Litigation) 受助人須知（刑事組） 14. 繁/簡/English Important Notice for Legally-Aided Persons (Crime Section) 便覽－法援婚姻訴訟個案家事調解計劃 15. Fact Sheet – Mediation in Legally Aided Matrimonial Cases 便覽－民事法援案件 (非婚姻訴訟) 調解計劃 16. Fact Sheet – Mediation in Legally Aided Non-Matrimonial Civil Cases 概要－有關離婚案的資料 17. Fact Sheet – Information on Divorce Proceedings 便覽－僱員補償申索 18. Fact Sheet – Employees’ Compensation Claim 便覽－人身傷亡申索 19. Fact Sheet – Personal Injury Claim
73 Appendix 5 List of Publications
便覽－海員欠薪申索 20. Fact Sheet – Seamen’s Wages Claim 便覽－醫療疏忽申索 21. Fact Sheet – Medical Negligence Claim 概要－離婚後應注意事項 22. Fact Sheet – Post Divorce Matters which Warrant Attention 概要－緊急申請須知 23. Fact Sheet – Urgent Applications – What You Need to Know 概要－有關管養權聆訊的資料 24. Fact Sheet – Information on Custody Hearing 一般離婚程序流程表 25. Flowchart of Divorce Proceedings 僱員補償個案的主要程序流程表 26. Flowchart of Major Steps in a Typical Employees’ Compensation Claim 人身傷亡個案的主要程序流程表 27. Flowchart of Major Steps in a Typical Personal Injury Claim 海員欠薪個案的主要程序流程表 28. Flowchart of Major Steps in a Typical Seamen’s Wages Claim 醫療疏忽個案的主要程序流程表 29. Flowchart of Major Steps in a Typical Medical Negligence Claim 財務資料一覽表 30. 繁/簡/English Financial Information Sheet 香港法律援助服務小冊子 (孟加拉語、印尼語、尼泊爾語、印度語、旁遮普語、 菲律賓語、泰米爾語、泰語、巴基斯坦語、越南語) 31. Information Leaflet on Legal Aid Services in Hong Kong (Bengali, Indonesian, Nepali, Hindi, Punjabi, Tagalog, Tamil, Thai, Urdu, Vietnamese versions) 不滿某人獲批法援可怎麽辦? 32. 繁/簡/English Not Happy that Someone is Given Legal Aid Can Anything be Done?
Other Publications 法律助援署年報 1. 繁/簡/English LAD Departmental Report 環保報告(只提供網上版本) 2. 繁/ English Environmental Report (web version only)
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