Hong Kong Bar Association

Circular No. 119/03

To : Members of the Bar Association

From : Andrew Mak - Hon. Secretary

Date : 22 December 2003

INVITATION TO EXPRESS INTEREST TO PROVIDE A CERTIFICATE
BY COUNSEL UNDER SECTION 26A OF THE LEGAL AID ORDINANCE

Please be informed that the Bar has received a letter from the Legal Aid Services Council (LASC) to invite members to undertake the captioned certificate work. The LASC has implemented the captioned scheme since 3 April 2002.

Section 26A of the Legal Aid Ordinance (Cap. 91) provides that an applicant for legal aid who has been refused legal aid to appeal to the Court of Final Appeal may seek a review of the refusal before a Review Committee. The review is to be initiated by notice to the Registrar of the High Court which is required to be accompanied by a certificate by counsel stating that the person aggrieved has a reasonable prospect of success in the appeal to Court of Final Appeal and the grounds for that opinion.

In order that an impecunious person will not be denied access to the Review Committee, the Administration has provided funds for the Council to set up a scheme ("the Scheme") to enable legal aid appellants who pass the means test and wish to seek a review of legal aid refusal to obtain a counsel certificate under section 26A. Under the Scheme, the costs of obtaining the certificate will be paid from the moneys provided by the Administration.

The LASC now invites expressions of interests from counsel and solicitors in undertaking the above work. Members who wishes to be considered for the assignment for the provision of a certificate under section 26A must satisfy the following criteria -

Criminal Assignment
At least 10 years practising experience; and
Has handled at least 3 criminal appeal cases in the Court of Appeal or the Court of Final Appeal in the past 3 years.

Civil Assignment
At least 10 years practising experience; and
Has handled at least 3 civil appeal cases in the Court of Appeal or the Court of Final Appeal in the past 3 years.

The fee for counsel for the provision of each certificate under section 26A will be fixed as follows :

¢ Criminal Cases $15,000
¢ Civil Cases $40,000

A sample of the certificate by counsel is at Annex I.

Members interested in undertaking the certificate work should complete and return the form at Annex II to LASC.

Encl.