CRIMINAL LEGAL AID PROCEDURES

Processing of Application Received

Application

Legal Aid Department assesses

applicant’s means

Legal Aid Department staff

obtains preliminary instructions
from applicant and where necessary,
transcript of proceedings in the lower court

Professional officer considers

financial resources of applicant
and merits of application

Granting of (Application Approved) (Application Refused)

Legal Aid

Legal aid is offered to

applicant Application Refused on Means Application Refused on Merits

Applicant accepts offer

and pays contribution
Legal Aid Certificate
issued to applicant
Legal Solicitor and barrister
Representation (if necessary) assigned to
conduct legal proceedings
Director’s decision is final unless
application is for legal
aid to appeal to the Court of
Final Appeal. Applicants in cases
involving murder, treason or
piracy with violence may apply to
a judge for granting of legal aid,
exemption from means test and
from payment of contribution
Applicants may apply to a judge
for granting of legal aid if he/she
passes the means test.
For application relating to appeal
to the Court of Final Appeal, the
applicant can apply to a
Committee of Review chaired by
the Registrar of the High Court
for a review of our refusal.

For applicant who is not required to pay contribution

01/2007
Website : http://www.lad.gov.hk
Published by the Legal Aid Department
Printed by the Government Logistics Department
Hong Kong Special Administrative Region Government
?

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY
apply
howto
Legal Aid
in Criminal Cases
 For more details relating to financial eligibility limits for legal aid, scale of (1) The merits of your case (the ‘merits’ test): For trials in the District Court and
contribution and the Director of Legal Aid’s first charge, readers are requested to the Court of First Instance, legal aid will be granted if it is desirable in the
refer to the “Financial Information Sheet”. interests of justice to do so. For appeals cases, you must have valid grounds
for appeal with a reasonable prospect of success.
(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your
HOW TO APPLY FOR financial resources do not exceed the financial eligibility limit.
LEGAL AID IN CRIMINAL CASES
Your financial resources are the sum total of your annual disposable income and
your disposable capital after certain allowable deductions have been made. If you
What Is Legal Aid?
would like to know more about this, please ask for a copy of the leaflet ‘How Your
Legal aid is a means by which you can obtain the services of a solicitor and, if Financial Resources and Contribution are Calculated?’ from the Department.
necessary, a barrister to represent you in court. It covers committal proceedings in
the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the If your financial resources exceed the financial eligibility limit, the Director of
District Court and the Court of First Instance of the High Court, and appeals to the Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is
Court of Appeal of the High Court or the Court of Final Appeal. desirable in the interests of justice to do so.
Legal aid is not available in the Magistrates’ Court for cases other than committal Change In Financial Circumstances
proceedings. If you are charged with an offence in the Magistrate’s Court, you
should approach the liaison office of the Duty Lawyer Scheme at the appropriate If your application for legal aid is refused on means, you may re-apply for legal aid
Magistrate’s Court. when as a result of changes to your financial circumstances, your financial resources
are reduced to a level below that of the applicable financial eligibility limit.
However, the Director may refuse legal aid if you have disposed of any capital or
Where Can You Apply for Legal Aid? income or fail to maximise your earning potential so as to expend or reduce your
(1) If you have been remanded in custody: financial resources for the purpose of satisfying the financial eligibility limit.
Tell the prison staff that you want to apply for legal aid, and they will help
Is Legal Aid Free?
you fill in the application form and forward it to the Legal Aid
Department (the Department). Not necessarily. If your financial resources are within the financial eligibility limit
but exceed a certain amount, you have to pay a contribution. If the Director
(2) If you have not been remanded in custody, you can apply for legal aid at: exercises his discretion to grant legal aid even though your financial resources exceed
Crime Section the financial eligibility limit, you have to pay a contribution on higher rates
25/F, Queensway Government Offices calculated in accordance with your financial resources.
66 Queensway
Hong Kong How Soon Will You Know Whether Your Application Is Successful?
Office hours Normally we will let you know whether you are qualified for legal aid within eight
Monday to Thursday 8:45 a.m. – 1:00 p.m. working days of your application for committal proceedings, and 10 working days
2:00 p.m. – 5:45 p.m. for cases in the District Court or Court of First Instance. For appeals against
sentence, we will usually let you know our decision within two months of your
Friday 8:30 a.m. – 1:00 p.m.
2:00 p.m. – 6:00 p.m. application, and for appeals against conviction, within three months.
When you apply, you should bring along all documents relating to your means Please refrain from making enquiries about your application during this period as
and your case (for example, your bank statements/passbooks, wage slips, rent this will only cause delay in the processing of your application. If a decision cannot
receipts, etc). be made within the period specified above, we will keep you informed of the
situation and tell you when a decision is likely to be made.
You do not have to pay an application fee.
What Should You Do If You Are Offered Legal Aid?
What Happens After You Apply?
You should read all the terms of the offer very carefully, especially the part
Your application will be passed to a lawyer of the Department who will look at two concerning the amount of your contribution. If the terms are acceptable, you must
main factors in deciding whether to offer you legal aid. These are: sign and date the form and return it to the Department within 14 days.
If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate
which confirms that you have been granted legal aid.
If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.
When And Where Do You Pay The Contribution?
You should pay your contribution upon acceptance of legal aid and make payment
only to the Department and an official receipt will be issued to you. Payment can be
made by cheque or in person. If you are approached by someone else for payment of
your contribution, please report the incident immediately to the Department.
Can You Choose Your Own Solicitor Or Barrister?
You may request the Director to assign a solicitor or barrister on the Legal Aid
Panel to act for you. Your request will then be carefully considered by the Director
whose decision shall be final.
Who Pays The Legal Costs Of Your Case?
The Director will pay for the costs and expenses incurred by the Department. The
contribution you paid will be used to offset the costs and expenses incurred. If your
contribution paid is more than the costs and expenses incurred, then you will receive
a refund for the difference.
What If You Are Refused Legal Aid?
You cannot appeal against a refusal to grant you legal aid on either means or merits,
unless your application relates to appeal to the Court of Final Appeal, you can
apply to a Committee of Review chaired by the Registrar of the High Court for a
review of the refusal.
If your case involves murder, treason or piracy with violence, you can apply to a
judge for legal aid and for exemption from the means test and the payment of any
contribution.
In all other cases, provided you pass the means test, a judge may grant you legal
aid even though the Director has refused your application on merits.
Warning
You commit a criminal offence if you make false statement in order to obtain legal
aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you
will be required to pay back the costs and expenses incurred by the Department.
Other leaflets in this series:
• Legal Aid in Civil Cases
• Supplementary Legal Aid Scheme
• Legal Services
This leaflet is published for information only and should not be regarded as an
authoritative statement of the law.
 For more details relating to financial eligibility limits for legal aid, scale of (1) The merits of your case (the ‘merits’ test): For trials in the District Court and
contribution and the Director of Legal Aid’s first charge, readers are requested to the Court of First Instance, legal aid will be granted if it is desirable in the
refer to the “Financial Information Sheet”. interests of justice to do so. For appeals cases, you must have valid grounds
for appeal with a reasonable prospect of success.
(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your
HOW TO APPLY FOR financial resources do not exceed the financial eligibility limit.
LEGAL AID IN CRIMINAL CASES
Your financial resources are the sum total of your annual disposable income and
your disposable capital after certain allowable deductions have been made. If you
What Is Legal Aid?
would like to know more about this, please ask for a copy of the leaflet ‘How Your
Legal aid is a means by which you can obtain the services of a solicitor and, if Financial Resources and Contribution are Calculated?’ from the Department.
necessary, a barrister to represent you in court. It covers committal proceedings in
the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the If your financial resources exceed the financial eligibility limit, the Director of
District Court and the Court of First Instance of the High Court, and appeals to the Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is
Court of Appeal of the High Court or the Court of Final Appeal. desirable in the interests of justice to do so.
Legal aid is not available in the Magistrates’ Court for cases other than committal Change In Financial Circumstances
proceedings. If you are charged with an offence in the Magistrate’s Court, you
should approach the liaison office of the Duty Lawyer Scheme at the appropriate If your application for legal aid is refused on means, you may re-apply for legal aid
Magistrate’s Court. when as a result of changes to your financial circumstances, your financial resources
are reduced to a level below that of the applicable financial eligibility limit.
However, the Director may refuse legal aid if you have disposed of any capital or
Where Can You Apply for Legal Aid? income or fail to maximise your earning potential so as to expend or reduce your
(1) If you have been remanded in custody: financial resources for the purpose of satisfying the financial eligibility limit.
Tell the prison staff that you want to apply for legal aid, and they will help
Is Legal Aid Free?
you fill in the application form and forward it to the Legal Aid
Department (the Department). Not necessarily. If your financial resources are within the financial eligibility limit
but exceed a certain amount, you have to pay a contribution. If the Director
(2) If you have not been remanded in custody, you can apply for legal aid at: exercises his discretion to grant legal aid even though your financial resources exceed
Crime Section the financial eligibility limit, you have to pay a contribution on higher rates
25/F, Queensway Government Offices calculated in accordance with your financial resources.
66 Queensway
Hong Kong How Soon Will You Know Whether Your Application Is Successful?
Office hours Normally we will let you know whether you are qualified for legal aid within eight
Monday to Thursday 8:45 a.m. – 1:00 p.m. working days of your application for committal proceedings, and 10 working days
2:00 p.m. – 5:45 p.m. for cases in the District Court or Court of First Instance. For appeals against
sentence, we will usually let you know our decision within two months of your
Friday 8:30 a.m. – 1:00 p.m.
2:00 p.m. – 6:00 p.m. application, and for appeals against conviction, within three months.
When you apply, you should bring along all documents relating to your means Please refrain from making enquiries about your application during this period as
and your case (for example, your bank statements/passbooks, wage slips, rent this will only cause delay in the processing of your application. If a decision cannot
receipts, etc). be made within the period specified above, we will keep you informed of the
situation and tell you when a decision is likely to be made.
You do not have to pay an application fee.
What Should You Do If You Are Offered Legal Aid?
What Happens After You Apply?
You should read all the terms of the offer very carefully, especially the part
Your application will be passed to a lawyer of the Department who will look at two concerning the amount of your contribution. If the terms are acceptable, you must
main factors in deciding whether to offer you legal aid. These are: sign and date the form and return it to the Department within 14 days.
If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate
which confirms that you have been granted legal aid.
If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.
When And Where Do You Pay The Contribution?
You should pay your contribution upon acceptance of legal aid and make payment
only to the Department and an official receipt will be issued to you. Payment can be
made by cheque or in person. If you are approached by someone else for payment of
your contribution, please report the incident immediately to the Department.
Can You Choose Your Own Solicitor Or Barrister?
You may request the Director to assign a solicitor or barrister on the Legal Aid
Panel to act for you. Your request will then be carefully considered by the Director
whose decision shall be final.
Who Pays The Legal Costs Of Your Case?
The Director will pay for the costs and expenses incurred by the Department. The
contribution you paid will be used to offset the costs and expenses incurred. If your
contribution paid is more than the costs and expenses incurred, then you will receive
a refund for the difference.
What If You Are Refused Legal Aid?
You cannot appeal against a refusal to grant you legal aid on either means or merits,
unless your application relates to appeal to the Court of Final Appeal, you can
apply to a Committee of Review chaired by the Registrar of the High Court for a
review of the refusal.
If your case involves murder, treason or piracy with violence, you can apply to a
judge for legal aid and for exemption from the means test and the payment of any
contribution.
In all other cases, provided you pass the means test, a judge may grant you legal
aid even though the Director has refused your application on merits.
Warning
You commit a criminal offence if you make false statement in order to obtain legal
aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you
will be required to pay back the costs and expenses incurred by the Department.
Other leaflets in this series:
• Legal Aid in Civil Cases
• Supplementary Legal Aid Scheme
• Legal Services
This leaflet is published for information only and should not be regarded as an
authoritative statement of the law.
 For more details relating to financial eligibility limits for legal aid, scale of (1) The merits of your case (the ‘merits’ test): For trials in the District Court and
contribution and the Director of Legal Aid’s first charge, readers are requested to the Court of First Instance, legal aid will be granted if it is desirable in the
refer to the “Financial Information Sheet”. interests of justice to do so. For appeals cases, you must have valid grounds
for appeal with a reasonable prospect of success.
(2) Your ‘financial resources’ (the ‘means’ test): You will be eligible if your
HOW TO APPLY FOR financial resources do not exceed the financial eligibility limit.
LEGAL AID IN CRIMINAL CASES
Your financial resources are the sum total of your annual disposable income and
your disposable capital after certain allowable deductions have been made. If you
What Is Legal Aid?
would like to know more about this, please ask for a copy of the leaflet ‘How Your
Legal aid is a means by which you can obtain the services of a solicitor and, if Financial Resources and Contribution are Calculated?’ from the Department.
necessary, a barrister to represent you in court. It covers committal proceedings in
the Magistrate’s Court, appeals from the Magistrate’s Court, cases tried in the If your financial resources exceed the financial eligibility limit, the Director of
District Court and the Court of First Instance of the High Court, and appeals to the Legal Aid (the Director) has a discretion to grant legal aid if he is satisfied that it is
Court of Appeal of the High Court or the Court of Final Appeal. desirable in the interests of justice to do so.
Legal aid is not available in the Magistrates’ Court for cases other than committal Change In Financial Circumstances
proceedings. If you are charged with an offence in the Magistrate’s Court, you
should approach the liaison office of the Duty Lawyer Scheme at the appropriate If your application for legal aid is refused on means, you may re-apply for legal aid
Magistrate’s Court. when as a result of changes to your financial circumstances, your financial resources
are reduced to a level below that of the applicable financial eligibility limit.
However, the Director may refuse legal aid if you have disposed of any capital or
Where Can You Apply for Legal Aid? income or fail to maximise your earning potential so as to expend or reduce your
(1) If you have been remanded in custody: financial resources for the purpose of satisfying the financial eligibility limit.
Tell the prison staff that you want to apply for legal aid, and they will help
Is Legal Aid Free?
you fill in the application form and forward it to the Legal Aid
Department (the Department). Not necessarily. If your financial resources are within the financial eligibility limit
but exceed a certain amount, you have to pay a contribution. If the Director
(2) If you have not been remanded in custody, you can apply for legal aid at: exercises his discretion to grant legal aid even though your financial resources exceed
Crime Section the financial eligibility limit, you have to pay a contribution on higher rates
25/F, Queensway Government Offices calculated in accordance with your financial resources.
66 Queensway
Hong Kong How Soon Will You Know Whether Your Application Is Successful?
Office hours Normally we will let you know whether you are qualified for legal aid within eight
Monday to Thursday 8:45 a.m. – 1:00 p.m. working days of your application for committal proceedings, and 10 working days
2:00 p.m. – 5:45 p.m. for cases in the District Court or Court of First Instance. For appeals against
sentence, we will usually let you know our decision within two months of your
Friday 8:30 a.m. – 1:00 p.m.
2:00 p.m. – 6:00 p.m. application, and for appeals against conviction, within three months.
When you apply, you should bring along all documents relating to your means Please refrain from making enquiries about your application during this period as
and your case (for example, your bank statements/passbooks, wage slips, rent this will only cause delay in the processing of your application. If a decision cannot
receipts, etc). be made within the period specified above, we will keep you informed of the
situation and tell you when a decision is likely to be made.
You do not have to pay an application fee.
What Should You Do If You Are Offered Legal Aid?
What Happens After You Apply?
You should read all the terms of the offer very carefully, especially the part
Your application will be passed to a lawyer of the Department who will look at two concerning the amount of your contribution. If the terms are acceptable, you must
main factors in deciding whether to offer you legal aid. These are: sign and date the form and return it to the Department within 14 days.
If you accept the offer of legal aid, you will be issued with a Legal Aid Certificate
which confirms that you have been granted legal aid.
If you are eligible for free legal aid, you will simply be sent a Legal Aid Certificate.
When And Where Do You Pay The Contribution?
You should pay your contribution upon acceptance of legal aid and make payment
only to the Department and an official receipt will be issued to you. Payment can be
made by cheque or in person. If you are approached by someone else for payment of
your contribution, please report the incident immediately to the Department.
Can You Choose Your Own Solicitor Or Barrister?
You may request the Director to assign a solicitor or barrister on the Legal Aid
Panel to act for you. Your request will then be carefully considered by the Director
whose decision shall be final.
Who Pays The Legal Costs Of Your Case?
The Director will pay for the costs and expenses incurred by the Department. The
contribution you paid will be used to offset the costs and expenses incurred. If your
contribution paid is more than the costs and expenses incurred, then you will receive
a refund for the difference.
What If You Are Refused Legal Aid?
You cannot appeal against a refusal to grant you legal aid on either means or merits,
unless your application relates to appeal to the Court of Final Appeal, you can
apply to a Committee of Review chaired by the Registrar of the High Court for a
review of the refusal.
If your case involves murder, treason or piracy with violence, you can apply to a
judge for legal aid and for exemption from the means test and the payment of any
contribution.
In all other cases, provided you pass the means test, a judge may grant you legal
aid even though the Director has refused your application on merits.
Warning
You commit a criminal offence if you make false statement in order to obtain legal
aid. This will lead to the cancellation of your Legal Aid Certificate whereupon you
will be required to pay back the costs and expenses incurred by the Department.
Other leaflets in this series:
• Legal Aid in Civil Cases
• Supplementary Legal Aid Scheme
• Legal Services
This leaflet is published for information only and should not be regarded as an
authoritative statement of the law.
 CRIMINAL LEGAL AID PROCEDURES

Processing of Application Received

Application

Legal Aid Department assesses

applicant’s means

Legal Aid Department staff

obtains preliminary instructions
from applicant and where necessary,
transcript of proceedings in the lower court

Professional officer considers

financial resources of applicant
and merits of application

Granting of (Application Approved) (Application Refused)

Legal Aid

Legal aid is offered to

applicant Application Refused on Means Application Refused on Merits

Applicant accepts offer

and pays contribution
Legal Aid Certificate
issued to applicant
Legal Solicitor and barrister
Representation (if necessary) assigned to
conduct legal proceedings
Director’s decision is final unless
application is for legal
aid to appeal to the Court of
Final Appeal. Applicants in cases
involving murder, treason or
piracy with violence may apply to
a judge for granting of legal aid,
exemption from means test and
from payment of contribution
Applicants may apply to a judge
for granting of legal aid if he/she
passes the means test.
For application relating to appeal
to the Court of Final Appeal, the
applicant can apply to a
Committee of Review chaired by
the Registrar of the High Court
for a review of our refusal.

For applicant who is not required to pay contribution

01/2007
Website : http://www.lad.gov.hk
Hong Kong Special Administrative Region Government
Printed by the Government Logistics Department
Published by the Legal Aid Department

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY
apply
howto
in Criminal Cases
Legal Aid
 CRIMINAL LEGAL AID PROCEDURES

Processing of Application Received

Application

Legal Aid Department assesses

applicant’s means

Legal Aid Department staff

obtains preliminary instructions
from applicant and where necessary,
transcript of proceedings in the lower court

Professional officer considers

financial resources of applicant
and merits of application

Granting of (Application Approved) (Application Refused)

Legal Aid

Legal aid is offered to

applicant Application Refused on Means Application Refused on Merits

Applicant accepts offer

and pays contribution
Legal Aid Certificate
issued to applicant
Legal Solicitor and barrister
Representation (if necessary) assigned to
conduct legal proceedings
Director’s decision is final unless
application is for legal
aid to appeal to the Court of
Final Appeal. Applicants in cases
involving murder, treason or
piracy with violence may apply to
a judge for granting of legal aid,
exemption from means test and
from payment of contribution
Applicants may apply to a judge
for granting of legal aid if he/she
passes the means test.
For application relating to appeal
to the Court of Final Appeal, the
applicant can apply to a
Committee of Review chaired by
the Registrar of the High Court
for a review of our refusal.

For applicant who is not required to pay contribution

01/2007
Website : http://www.lad.gov.hk
Published by the Legal Aid Department
Printed by the Government Logistics Department
Hong Kong Special Administrative Region Government
?

HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY HOW TO APPLY
apply
howto
Legal Aid
in Criminal Cases