Information Note for the Panel on Administration of Justice and Legal Services

Proposal to Create One Permanent Post of Deputy Principal Legal Aid Counsel in the Legal Aid Department

INTRODUCTION

This paper informs the Provisional Legislative Council's Panel on Administration of Justice and Legal Services of a proposal by the Director of Legal Aid (DLA) to create one permanent post of Deputy Principal Legal Aid Counsel (DPLAC) (at DL2 level) in the Litigation Division (LD) of the Legal Aid Department (LAD).

BACKGROUND

New challenges for the LAD

2. The LAD is headed by the DLA (DL6) and comprises three divisions, namely the Departmental Administration Division, Application and Processing Division and Litigation Division. Each Division is headed by a Deputy Director at DL3 level, who reports to the DLA. There are altogether 13 directorate officers in the Department. We set out at Annex 1 the existing organization of the department. This structure was established in September 1989. Since then, there have been significant changes affecting its operation -

1. Increase in workload

   The number of applications and certificates granted, in particular for civil legal aid, increased significantly over the past few years. The number of civil legal aid applications increased from 17,294 in 1992 to 25,486 in 1996 (+50%). In the same period, the number of civil legal aid certificates granted increased from 5,378 to 9,134 (+70%). In criminal legal aid, applications increased from 4,225 to 4,638 (+10%) and the number of legal aid certificates granted from 2,708 to 2,919 (+8%). We set out details of the statistics in Table A in Annex 2. This increase in workload has created difficulties in processing applications and monitoring assigned-out cases effectively, as well as in the supervision of in-house litigation work.

2. Growing sensitivity and complexity in legal aid cases

   The social and political development of Hong Kong in recent years has created new demands for legal aid services. Cases of judicial reviews involving deep public interest require new expertise and quite often the personal attention of the LAD's senior directorate. The amount of damages awarded by the court in personal injuries cases is also increasing. This has led to insurers litigating vigorously with advice from teams of experts and Senior Counsel. Senior directorate officers of the LAD need to be more substantially involved in these cases.

3. Need to further enhance professionalism

   Due to staff turnovers and new posts being created, the average years of professional experience of the Legal Aid Counsel rank have reduced from seven in 1994 to four in 1997. We have stepped up training to strengthen the professional knowledge and skill of the less experienced staff. Nevertheless, we will need sufficient directorate officers to supervise these staff and provide further guidance.

Litigation Division

3. At present, the LD comprises four sections, namely the Criminal section, Personal Injury Litigation Section, Family Litigation Section and Insolvency Costing and Enforcement Section. The present organization of the LD is at Annex 3. Annex 4 sets out the main responsibilities of these four sections. The LD presently headed by the Deputy Director of Legal Aid/Litigation (DDLA/LIT) (DL3), who is assisted by one DPLAC (DL2), titled as Assistant Director of Legal Aid/Litigation (ADLA/LIT).

CREATION OF ONE PERMANENT POST OF DEPUTY PRINCIPAL LEGAL AID COUNSEL IN THE LITIGATION DIVISION

4. The Criminal Section in the LD provides legal aid to the majority of criminal cases heard at the District Court level and above. At present, the DPLAC spends most of her time on the work of the Criminal Section in view of the heavy criminal case load. These include, in the past 12 months, general supervision and approval of the grant of legal aid in 1,667 cases of criminal appeal against conviction or sentence. She also personally assessed the merits of 132 applications for appeal to the Court of Final Appeal and acted as instructing solicitor for 14 of them. In addition, she has a large section to supervise which comprises 11 professional officers, 41 law clerks and 26 other staff members. As a result, the day-to-day supervision of the other three civil litigation sections are in the main left to the DDLA/LIT.

5. The workload of the three civil litigation sections has increased significantly in the past few years, as shown in Table B in Annex 2. This increase in volume and complexity of work places heavy demand on the DDLA/LIT, who, as a senior directorate officer, is already heavily committed to the policy development of the LAD and divisional administrative matters.

6. To strengthen the LD, the DLA proposes creating an additional DPLAC to underpin the DDLA/LIT. The existing DPLAC will head the Criminal Section, whilst the new DPLAC will head the new Civil Litigation Section responsible for personal injury and family litigation and providing legal support in the areas of insolvency, costing and enforcement. The proposed DPLAC post will strengthen the management of the three existing civil litigation sections, improve supervision, inject professional lead to junior counsel and develop new expertise in civil litigation. We set out the duties and responsibilities of the two DPLAC posts in the LD at Annex 5. The revised organization of the LD is at Annex 6.

FINANCIAL IMPLICATIONS

7. The additional notional annual salary cost of this proposal at mid-point is -

	$ No.	of Post
New permanent post	1,360,800	1

The additional full annual average staff cost of the proposal, including salaries and staff on-cost, is $2,259,972. In addition, this proposal will necessitate the creation of one additional Personal Secretary I post, at an additional notional annual mid-point salary cost of $275,880 and an additional full annual average staff cost of $429,396. We have included sufficient provision in the 1997-98 Estimates to meet the cost of this proposal.

WAY FORWARD

8. The creation of directorate posts requires the approval of the Establishment Subcommittee of the Finance Committee. We intend to seek the approval of the Establishment Subcommittee at its meeting scheduled for 4 February 1998

Administration Wing
Chief Secretary for Administration's Office
January 1998

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Annex 2

Table A: Statistics on Legal Aid Cases
1992-1996

Annex 2

Table B: Increases in Civil Litigation Work
1992-1996

Type/Year	1992	1993	1994	1995	1996	+-% 94-96
Personal injury litigation	1,150 (586)	587 (795)	349 (1,156)	750 (900)	647 (652)	+85%
Family litigation	2,222 (889)	1,275 (1,241)	640 (1,416)	980 (1,235)	931 (1,152)	+45%
Insolvency, Costing and Enforcement
- Insolvency	547 (195)	595 (674)	816 (521)	820 (550)	1,139 (749)	+40%
- Costing	5,404 (5,393)	6,088 (6,199)	5,515 (5,285)	5,131 (5,180)	4,839 (4,695)	-12%
- Enforcement	662 (880)	615 (730)	723 (1,124)	805 (676)	923 (693)	+28%

Note: The figures in brackets denote the number of cases closed.

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Annex 4

Main Responsibilities of the Four Sections in the Litigation Division

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Annex 5

Duties and responsibilities of the Deputy Principal Legal Aid Counsel (DL2) in the Litigation Division

The Deputy Principal Legal Aid Counsel in the Litigation Division reports to the Deputy Director of Legal Aid/Litigation. His major duties and responsibilities are -

1. Assisting the Deputy Director of Legal Aid/Litigation in managing and supervising a section/a group of sections in the Litigation Division.

2. Assigning cases to professional officers in the section/sections and advising them on issues of law, practice and procedures.

3. Processing or conducting litigation of the more sensitive, complex and difficult cases, including interviewing applicants, legally aided persons and witnesses.

4. Monitoring the assignments to private legal practitioners.

5. Assisting the Deputy Directors to investigate complaints by the public, legal aid applicants, aided persons and private legal practitioners concerning matters in connection with their offices.

6. Attending inter-departmental committees