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Human rights
Hong KongLaw and Crime

Alarm at drop in legal aid for Hong Kong judicial review applications

Asylum seekers who have nowhere else to turn after losing their claims are the biggest losers

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Official statistics showed that last year 1,046 legal aid applications for judicial review were submitted and only 29 were approved. Photo: Sam Tsang
Raquel Carvalho

Legal aid for applications for judicial review has steeply declined, with experts saying the trend is undermining the rule of law and access to justice in Hong Kong.

Official statistics showed that last year 1,046 legal aid applications for judicial review were submitted and only 29 were approved – corresponding to just two per cent. This represents a significant plunge since 2015, when 500 were received and 107 certificates were granted.

“It should be an issue of serious concern, as it clearly undermines the rule of law and access to justice for all in Hong Kong,” said Isaac Shaffer, head of protection claimant services at non-profit group Justice Centre. “Legal aid is there for us in times of crisis, to make sure our rights can be defended regardless of wealth or privilege.”
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In total, 1,983 requests were made over the past three years but only about eight per cent received a positive answer. This comes as one of the two seats reserved for members of the Law Society at the Legal Aid Council has been left vacant for about two years.

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Most of the legal aid applications for judicial review received last year were from asylum seekers, who are not allowed to work in Hong Kong. Their last recourse after being rejected by the local government is to file a judicial review.
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