The Legal Aid Department, which provides representation for people who cannot afford their own lawyers, celebrates its 50th anniversary this year. Its work is of great importance to Hong Kong’s legal system. But it is facing change. A government paper put to the Legislative Council last week proposes reforms to the way legal aid lawyers are assigned. It is entitled “proposed enhancement measures”. But whether the changes would improve the system is open to debate. More time is needed to consider the implications. The proposals follow complaints from pro-establishment legislators that some lawyers with political leanings are exploiting the system and monopolising certain types of cases. The reforms aim to distribute legal aid work to a larger number of lawyers. Barristers would be limited to three judicial review cases a year and solicitors to five. Lawyers in criminal cases would, except in exceptional cases, be chosen by the department rather than the accused. These are not minimal changes, they are fundamental reforms. Top government adviser defends proposed legal aid ban on lawyer choice The paper says they are required because of public concerns that the system is being abused. But there is a need for further evidence if a convincing case is to be made. Judicial review cases last year were handled by only 8.5 per cent of qualified lawyers and 16 per cent of barristers, a small proportion. That does not necessarily mean the system is being abused. Work in this field, often involving challenges to the government, is highly specialised. Some cases have significant constitutional ramifications. They require the best qualified lawyers. The Basic Law provides for the right of “choice of lawyers”. The International Covenant on Civil and Political Rights states that anyone accused of a crime, including a person on legal aid, is entitled to “legal assistance of his own choosing”. The government should, therefore, be very cautious about imposing limitations on the ability of people to be represented by their preferred lawyer. Huge sums of public money are spent on legal aid. The system should not be abused, especially for political ends. But there are already mechanisms in place to ensure only cases with sufficient merit receive funding and these new proposals seek to tighten them. There is nothing wrong with seeking to improve the system. It could, for example, be made easier to navigate, more accessible and provide quicker legal advice. But the government’s proposals focus mainly on the assignment of lawyers. It wants the changes in place by the end of the year. One official said it is “desperate” to implement them. But the legal profession says it has had little time to consider the proposals. Lawyers and other stakeholders should be fully consulted. Access to justice is too important for changes of this significance to be rushed.