CONTENT Foreword: Finding Pro Bono Legal Help in Hong Kong 5 Foreword: A “Rolls Royce” Legal System in Hong Kong? 6 Purpose of this Report 8 Scope of this Report 8 Methodology 9 Abbreviations and Glossary 11 Executive Summary 13 PART I: MEASURING THE LEGAL NEEDS 16 Introduction 18 Past Reviews of Access to Justice 18 This Legal Needs Assessment 19 Findings 20 NGO Surveys 20 SoCO Surveys and Interviews 22 Part I: Key Observations 24 PART II: EXISTING FREE OR SUBSIDISED LEGAL SERVICES 25 Introduction 27 A Brief History of Free or Subsidised Legal Services 27 Current Situation: Who Provides Free or Subsidised Legal Services to the Community? 28 Legal Aid Department 28 The Duty Lawyer Service 32 Duty Lawyer Scheme 32 Free Legal Advice Scheme 33 CAT & Non-Refoulement Claims Scheme 35 Free Legal Advice Scheme at the University of Hong Kong 35 Procedural Advice Scheme 36 Resource Centre for Unrepresented Litigants 37 Bar Free Legal Services Scheme 37 Law Society of Hong Kong’s Pro Bono Services 38 Equal Opportunities Commission 39 Consumer Legal Action Fund 40 Office of Legislative and District Councillors 41 02 | This Way – Finding Community Legal Assistance in Hong Kong Non-Governmental Organisations 42 Law Firm Pro Bono 42 Part II: Key Observations 43 PART III: REGULATORY ISSUES 45 Introduction 47 How to do Pro Bono as a Solicitor 47 How to do Pro Pono as a Foreign-Qualified Lawyer 49 How to do Pro Bono as a Barrister 49 How to do Pro Bono as an In-House Counsel 49 How to do Pro Bono as a Law Student 50 How to Provide Free Legal Service to the Community as a Law Firm or Sole Proprietorship 50 How to Provide Free Legal Service to the Community as an NGO 51 Conflicting Professional Obligations 52 Cost-Related Considerations 52 Part III: Key Observations 54 PART IV: MODELS OF COMMUNITY LEGAL SERVICE 56 Introduction 58 Australia 58 Redfern Legal Centre 58 Salvos Legal and Salvos Legal Humanitarian 59 Shopfront Youth Legal Centre 59 Justice Connect 60 Canada 61 Pro Bono Ontario 61 Republic of Ireland 62 Free Legal Advice Centre 62 Singapore 63 Law Society Pro Bono Services Ltd, Law Society of Singapore 63 United Kingdom 64 The PILS Project 64 Part IV: Key Observations 65 | 03 THIS WAY FORWARD: OUR RECOMMENDATIONS 68 ACKNOWLEDGEMENTS 71 APPENDICES 74 Appendix 1: Survey with Fourteen NGOs 75 Appendix 2: Supplemental Survey with Fourteen NGOs 79 Appendix 3: SoCO Staff Survey 80 Appendix 4A: SoCO Community Survey (English) 81 Appendix 4B: SoCO Community Survey (Traditional Chinese) 83 Appendix 5A: Additional Information from NGO Survey 85 Appendix 5B: Additional Information from SoCO Staff Survey 86 Appendix 5C: Additional lnformation from SoCO Community Survey 87 Appendix 5D: SoCO Interviewees’ Background and Issues 89 Appendix 6: The Law Society of Hong Kong’s Practising Certificate Application Form 90 Appendix 7: The Law Society of Hong Kong’s Circular 16-609 (Dated 1 August 2016) plus Guidelines, Application and Declaration 94 ENDNOTES 103 04 | This Way – Finding Community Legal Assistance in Hong Kong FOREWORD to refer that person to appropriate legal help – be it to Legal Aid, law firm pro bono or an NGO legal centre. FINDING PRO BONO LEGAL HELP IN It is also incumbent on those of us who offer pro bono HONG KONG assistance to assist NGOs and their clients in accessing lawyers. Strong, effective and reliable community service Everyone has the right to access justice. Indeed the providers are key to improving access to justice. right to access justice is at the core of sustainable development. For the first time ever, the international For several years, PILnet and DLA Piper have worked community has recognised this by agreeing on together to strengthen the pro bono culture among Sustainable Development Goal 16: to promote peaceful lawyers and improve access to justice in many and inclusive societies, ensure access to justice for all and communities. After listening to our community partners build effective, accountable and inclusive institutions at all in Hong Kong, we saw an important opportunity to study levels by 2030. the landscape of community legal service delivery in Hong Kong, identify the gaps and barriers for vulnerable Undoubtedly for vulnerable and marginalised people, groups, highlight the innovative solutions already being a properly funded legal aid system that provides ready employed by local NGOs and identify new solutions. access to good quality legal advice is essential to To this end, we seconded a lawyer to PILnet for realise this right. But while community and pro bono ten months to work on this Report, research and legal services play an important role – particularly in conduct in-depth interviews. supporting those people who fall through the cracks – they can never, and should never, be a substitute for This Way – Finding Community Legal Assistance in government-funded legal aid. Hong Kong is the culmination of extensive work by DLA Piper and PILnet, drawing on our respective As DLA Piper’s pro bono practice in Hong Kong expertise, know-how and networks. This Report is developed, it became apparent that Hong Kong’s intended for government, civil society, the private marginalised people, like their counterparts in so many sector and anyone wanting to improve legal services for other developed countries, suffered challenges in vulnerable people in Hong Kong. We urge everyone who accessing legal services, and gaps in services provided. is interested in access to justice to read it, and consider Increasingly, local NGOs expressed concerns to us about how we can implement the recommendations in this their clients’ growing demand for legal assistance and Report. appropriate referral pathways. NGOs questioned the apparent regulatory restrictions preventing them from Achieving Sustainable Development Goal 16 of access delivering legal advice and the lack of pro bono assistance to justice for all by 2030 is a stretch goal. This Report available in some areas of law. identifies a number of practical, progressive and tangible ways in which we all as a legal community can move Because of our longstanding experience in working closer in that direction for the benefit of our community in public interest law and building pro bono practice in Hong Kong. around the globe, DLA Piper understands that most marginalised clients have complex needs, and that their Annette Bain, Pro Bono Counsel – Asia, legal issues are usually the tip of the iceberg. Community DLA Piper Hong Kong. workers are often the first point of contact when a Catriona Martin, Pro Bono Director, Asia Pacific, pro bono client seeks assistance. It is critical then that DLA Piper Sydney. community workers are well informed and equipped | 05 FOREWORD again if she ever goes to the police or files for divorce. In every one of these cases, to prevent problems from 9, 10 A “ROLLS ROYCE” LEGAL SYSTEM IN escalating, early legal advice and assistance are crucial. HONG KONG? This Way – Finding Community Legal Assistance in Despite the Hong Kong Government’s efforts to fight Hong Kong (this Report) aims to achieve two things. It poverty, the poverty rate in Hong Kong remains high, attempts to identify gaps in our current system when and social inequality is severe. it comes to legal services for Hong Kong’s poor and disadvantaged communities. We also hope to provide Underneath the city’s glistening façade, nearly one in some helpful comparative experience as we think about 1 five people fell beneath the poverty line in 2015, and how to bridge these gaps. income inequality is likely the highest among developed economies.2 The richest ten percent makes 29 times In the Hong Kong Chief Executive’s 2017 Policy Agenda, what the poorest earn,3 while the number of “working which lays out policy directions for the Hong Kong poor” – defined as households living under the poverty Government, the following commitment was repeated: line having at least one family member holding down a “Enhancing access to legal aid and free legal advice job – is now about half of all those in poverty.4 services to benefit more people who cannot afford private legal fees.” 11 While the government has continued If we look at specific communities, the picture gets to add to its legal aid and free legal advice services, the 5 grimmer: one in three elderly lives in poverty. Around improvement is not enough and not yet hitting where it 200,000 grassroots residents, among them about is most needed. 35,500 children, continue to live in subdivided units with an average of 62 square feet of space per capita.6 At the same time, while ensuring access to justice is Meanwhile, the wait for public housing is an average of primarily the responsibility of the government, it is 4.7 years, and the rise in rent has far outstripped income essential that other stakeholders are also supported to growth.7 In Hong Kong, the world’s most expensive city help meet community legal needs: public interest and to purchase a home, an apartment costs an average of pro bono law firms, law schools, professional bodies, 18.1 times annual income. Home ownership for most is and NGOs. Recent drastic legal aid cuts in the United simply not possible.8 Kingdom underline the danger of relying too heavily on government funding, and reinforces the need for an What has poverty and social inequality got to do with a ecosystem of diverse legal services.12 report of legal services for the Hong Kong community? We are deeply grateful for DLA Piper’s generous support In the past three years, PILnet has worked with more in sending us a secondee, Jennifer Yi Man Cheung, to than 100 NGOs and social enterprises in Hong Kong assist with the research and writing of this Report.