Legal Tales | Free for all or fees for all? Hong Kong’s legal aid levels the scales

“Justice is open to all – like the Ritz” is a quote often attributed to Sir James Mathew, a 19th-century Irish judge.

This is another way of saying that while in theory justice and the courts are open to everyone, in practice only those who can afford to pay the hefty fees can get their day in court.

The adversarial system, which is the model adopted in common law jurisdictions, has proved extremely popular in many countries and regions. In particular, cross-examination, which has sometimes been described as “the greatest legal engine ever invented for the discovery of truth”, has captured the imagination of many and is considered an excellent forensic tool.

So far so good, but what about those who seek legal advice or representation but who do not have deep pockets?

In addition to the pro bono schemes run by the Hong Kong Bar Association and other non-governmental organisations, there is legal aid, which has a relatively long history in the city.

The Legal Aid Ordinance was passed in 1966, with the legal aid scheme coming into operation the following year, administered by what was then a sub-department of the judiciary called the Legal Aid Section.