Hong Kong needs to reform legal aid system to prevent further abuse and maintain its integrity

Legal aid in Hong Kong is more generous and comprehensive than in many other jurisdictions

Cases without merit should be monitored more closely so legitimate cases can be better supported and public funds better used

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A view of the Court of Final Appeal in Central district. Perhaps defendants and plaintiffs should be grateful to the taxpayers of Hong Kong for funding their legal aid. Photo: EPA-EFE

Bernard Chan

Bernard Chan, born in 1965, is a Hong Kong businessman.

Published: 6:45am, 5 Nov 2021

Anyone who’s watched an American cop show or Hollywood crime movie will have heard a suspect being read his or her Miranda rights by the arresting officer: “You have the right to remain silent … You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

The provision of legal representation to people who otherwise are unable to afford it guarantees equal access to justice. The idea behind legal aid is that the economically disadvantaged should not be disadvantaged in a court of law, ensuring a right to counsel and equality before the law. Legal aid recipients must first pass merits and means tests.

Recently, the government introduced a proposal to reform the legal aid system in Hong Kong. This was driven by prevalent abuse of the system, especially in relation to the ability of defendants to nominate their own lawyers and bring specious judicial review cases at taxpayers’ expense.

Another concern was the overconcentration of legal aid cases among a handful of lawyers and law firms. In 2020, 82 of 87 judicial cases were handled by 15 solicitors (8.5 per cent of all qualified solicitors) and 37 counsel (16 per cent of all qualified counsel) on the Legal Aid Panel.

Some critics see signs of government overreach in the proposed reform, though a United Nations global study on legal aid found that 40 per cent of surveyed countries had reformed their legal aid system within the past nine years, including the US, Britain and Australia.

Retired civil servant Kwok Cheuk-kin outside the Court of Final Appeal on October 11. Kwok has been dubbed the “king of judicial reviews” for his frequent legal challenges to government policies and decisions. Photo: Jasmine Siu

It bears mentioning that legal aid in Hong Kong is notably generous and comprehensive, covering both criminal and civil cases. By contrast, legal representation in civil cases is not covered in the US by federally funded legal aid.