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Frequently Asked Questions (Criminal Cases)

Submission of Pre-application Information by Intended Applicants

Q1. Do I need to submit separate pre-application information for civil and criminal legal aid if I wish to apply for both?
A1. Yes, you are required to submit separate pre-application information for civil and criminal legal aid if you wish to apply for both.
Q2. Do I need to submit a formal application for legal aid after I have submitted pre-application information?
A2. Yes, we will give you an appointment for making a formal application for legal aid at our office.
Q3. Can I apply for criminal legal aid on behalf of another person?
A3. No, you cannot apply for criminal legal aid for another person.
Q4. How are my financial resources and contribution calculated?
A4. Please go to http://www.lad.gov.hk/eng/ppr/publication/frc.html for "How Your Financial Resources and Contribution are Calculated" and use the Means Test Calculator for a rough estimate.
Q5. Is legal aid free?
A5. Aided persons whose financial resources are assessed as between $55,100.01 and $440,800 are required to make a contribution on a sliding scale ranging from $1,102 to $110,200.
Q6. Does the Director have the discretion to exempt anyone from the means test or payment of contribution?
A6. The Director does not have the discretion to exempt anyone from the means test or payment of contribution. However, for criminal cases, the Director may grant legal aid to an applicant whose financial resources exceed the upper financial limit for legal aid if he is satisfied that it is desirable in the interests of justice to do so. Under these circumstances, the applicant has to pay contribution at a higher rate as assessed by the Director in accordance with the applicant’s financial resources.
Q7. What consequences will I face if I provide false information to the Legal Aid Department?
A7. If you provide false information or conceal your assets when you apply for legal aid, you are liable to prosecution and a maximum fine of $10,000 and 6 months' imprisonment upon conviction.
Q8. Do I have access to my case status?
A8. Yes, please go to ePortal link
Q9. Can I update my residential/correspondence/email address and contact telephone number submitted?
A9. Yes, please go to ePortal link
Q10. Who can I contact if I wish to enquire about the submission of pre-application information?
A10. You can call the Help Desk Service at Tel. 2537 7677.
Q11. Where can I access general information about civil and criminal legal aid?
A11. Please visit our website at http://www.lad.gov.hk

Submission of Reports by Assigned Lawyers

Q1. Do I have to send a hard copy of the report to the Legal Aid Department after submitting it via the Legal Aid Electronic Services Portal (“LAESP”)?
A1. You are not required to send hard copies for Interim Progress Reports, Trial Progress Reports, Case Reports and Fees Reports.

However, for Fees Reports, if you are an assigned solicitor, you are required to send to the Department your original Bill of Costs together with the supporting documents, such as proof of evidence, copies of statements by defence witnesses, vouchers or receipts for out-of pocket expenses incurred etc. to enable the Department to assess your fees.
Q2. Do I have to send the original Bill of Costs/Fee Note to the Department after submitting the Fees Report via the LAESP?
A2. If you are an assigned solicitor, after submitting a Fees Report via LAESP you have to submit the original Bill of Costs together with hard copies of the supporting documents for assessment. The Department will make payment only upon receiving the original Bill of Costs / Counsel’s fee note.
Q3. Do I have to submit a separate Case Report for each aided person if I act for more than one aided person in the same proceedings?
A3. Yes, you have to submit a separate Case Report for each aided person.
Q4. Do I have to submit a separate Fees Report for each aided person if I act for more than one aided person in the same proceedings?
A4. No, you should submit one Fees Report for all the aided persons in the same proceedings.
Q5. Can I submit Progress/Fees/Case Reports of assigned cases in any format via the LAESP?
A5. No, you can only submit the Progress/Fees/Case Reports by downloading the prescribed forms from the LAESP.
Q6. How do I know if my e-report has been successfully submitted to the Department via the LAESP?
A6. You will receive an acknowledgement of receipt of your e-report by our email in return.
Q7. Can I access the e-reports that I have previously submitted?
A7. Yes, you can check the Status and Submission History of e-reports you have submitted via the LAESP.
Q8. What should I do if I want to amend the contents of a submitted e-report?
A8. You need to submit the revised e-report via LAESP again. We will update the information.

Means Test Calculator

Q1. Where can I access information regarding the calculation of financial resources?
A1. Please visit our website at http://www.lad.gov.hk.