LC: Speech by CS for proposed resolutions moved under Legal Aid Ordinance
**************************************************************************
Madam President,
I move that my first motion, as printed on the Agenda, be passed to adjust the financial eligibility limits (FELs) for legal aid applicants. Later, I will sequentially move another legal aid-related motion as printed on the Agenda be passed, seeking to adjust the Director of Legal Aid (DLA)'s First Charge.
First, I introduce the first Resolution.
Legal aid services form a cornerstone of the legal system in Hong Kong and are essential to upholding the rule of law in Hong Kong. The policy objective of legal aid is to ensure that all those who comply with the regulations of the LAO (Cap. 91) and have reasonable grounds for pursuing or defending a legal action in the courts of Hong Kong will not be denied access to justice due to a lack of means.
The Legal Aid Department (LAD) has two legal aid schemes, namely the Ordinary Legal Aid Scheme (OLAS) and the Supplementary Legal Aid Scheme (SLAS) which provides assistance to the "sandwich" class. While the beneficiaries and scope of the two schemes differ, both require applicants to pass both the means test and merits test as stipulated under the LAO at the same time to be eligible for legal aid, so as to ensure the prudent use of legal aid resources.
For means test, the applicant's disposable income and capital must not exceed the amounts of financial resources as specified in the LAO. The amounts of financial resources for OLAS and SLAS are respectively specified in sections 5 and 5A of the LAO. Pursuant to section 7(a) of the LAO, the LegCo may by resolution amend the amounts.
Pursuant to the mechanism established in 1999, FELs are subject to review annually by making reference to the Consumer Price Index (C) (CPI(C)). According to the latest round of review, for the reference period from July 2024 to July 2025, the CPI(C) has increased by 0.6 per cent. Hence, we propose to accordingly adjust the FELs upwards by 0.6 per cent, namely :
(a) from $449,620 to $452,320 for OLAS; and
(b) from $2,248,110 to $2,261,600 for SLAS.
Madam President, I now introduce the second Resolution.
Pursuant to the LAO, if a legally aided person is successful in recovering or preserving any money or property in the legally aided proceedings, the person has to pay for the costs and other expenses incurred by the LAD for the person pursuant to section 18A(1) of the LAO. The right of the DLA to recoup such sums required under such money or property is called DLA's First Charge.
That being the case, the LAO permits, under specified circumstances, the reduction of amounts recouped under the DLA's First Charge in accordance with the law. First, when the DLA is satisfied that the exercise of the DLA's First Charge would cause serious hardship to the legally aided person, the DLA may in accordance with the principles of fairness and justice exercise discretion to reduce the amount to be recouped, provided that the sum to be reduced does not exceed the cap as specified in section 19B(1)(a) of the LAO. Separately, section 18A(5) of the LAO also provides that the DLA's First Charge does not apply to the first $9,730 of each monthly payment of the maintenance payment.
Pursuant to section 22A of the LAO, the LegCo may, by resolution, amend the rate of maintenance payments that is exempted from the DLA's First Charge, as well as the cap on the amount by which may be reduced in cases of serious hardship.
In response to the increase in CPI(C) by 0.6 per cent for the reference period from July 2024 to July 2025 as mentioned above, we propose to accordingly adjust the two above-mentioned specific amounts upwards by 0.6 per cent, namely:
(a) the amount specified in section 18A(5) upwards from $9,730 to $9,790; and
(b) the cap on the amount specified in section 19B(1)(a) upwards from $116,420 to $117,120.
We have informed the LegCo Panel on Administration of Justice and Legal Services of the outcome of the reviews regarding the proposed adjustments via an information paper in February 2026. Members raised no objection to the proposed increase. Subject to the LegCo's approval of the Resolutions, we will implement the proposals upon gazettal of the Resolution.
I appeal for Members' support for the above Resolutions. Thank you, Madam President.
Ends/Wednesday, March 25, 2026
Issued at HKT 15:20
Issued at HKT 15:20
NNNN