Legal Aid Department to assign lawyers for defendants in future
Government has completed revising the legal aid scheme and defendants in criminal cases in the future will be assigned a lawyer instead of choosing the one they are in favor of, according to sources.
As for civil cases, the number of cases to be handled by a barrister a year will be limited from 20 to 15. The number will drop from 35 to 30 for solicitors on the other hand.
A barrister can handle no more than three cases involving judicial review a year, while the bar will be set at five for solicitors.
If a lawyer cannot represent a defendant or a conflict of interest occurs, the defendant will be assigned a new lawyer.
If a defendant hires a private practice lawyer including a volunteer one without the approval of the department, the department will end the legal aid application of the defendant.
It was understood that the government will soon consult lawmakers on the matter and execute relevant measures through administrative works without amending any law.
The Hong Kong Bar Association said they have not study relevant changes in details. They reminded that citizens have their right to choose any lawyer to represent them as granted by article 35 of the Basic Law.
The article should be taken into account before making any change in legal representative involved in criminal cases, they added.
Ronny Tong Ka-wah, a member of the Executive Council said the system aims to provide equal opportunities to all lawyers, especially the young ones, breaking the monopoly of certain renowned lawyers.
He pointed out that the monopoly situation occurred since the social unrest as some defendants insisted on choosing certain lawyers to represent them in court.
Although the department respects the wish of defendants, the monopoly of certain lawyers should not have occurred, Tong said.