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Following is the speech (English only) by the Chief Secretary for Administration, Mr Donald Tsang, in the motion debate on "Legal Aid in Criminal Cases(Amendment) Rules 2003" in the Legislative Council today (July 3):

Madam President,

I move the resolution standing in my name on the agenda.

Rule 21(1) of the Legal Aid in Criminal Cases Rules, made under section 9A of the Criminal Procedure Ordinance (Cap. 221), sets out a scale of maximum fees payable to lawyers in private practice engaged to undertake litigation work in respect of criminal cases on behalf of the Legal Aid Department. The Department of Justice uses the same scale of fees to engage counsel in private practice to appear for the HKSAR in criminal cases. Fees payable to duty lawyers providing legal assistance under the Duty Lawyer Scheme follow the same scale.

As agreed by the Finance Committee in October 1992, the Administration reviews these fees once every two years, taking into account, among other factors, changes in consumer prices. The 2002 review concludes that we should adjust the fees downward by 4.3% in accordance with the decrease in the CPI(C) during the reference period, April 2000 to March 2002. On 13 June 2003 Finance Committee of this Council approved the recommended downward adjustment which should come into effect on amendment of the Legal Aid in Criminal Cases Rules.

I now move that this Council resolve to make the Legal Aid in Criminal Cases (Amendment) Rules 2003 under Section 9A of the Ordinance and bring the new fees into operation.

End/Thursday, July 3, 2003

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