§ Mr. Adleyasked the Secretary of State for Foreign and Commonwealth Affairs if he is satisfied with the level and availability of legal aid in Hong Kong; and if he will make a statement.
§ Mr. LuceYes. Legal aid is provided by the Legal Aid Department of the Hong Kong Government. Its availability is subject to a means test and to the applicant satisfying the Director of Legal Aid that there are grounds to justify legal action.
The level and availability of legal aid are kept under constant review.
§ Mr. Adleyasked the Secretary of State for Foreign and Commonwealth Affairs how many citizens of Hong Kong appeared before the courts on civil and criminal charges for the last 12 months for which figures are available; and how many of them were in receipt of legal aid.
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§ Mr. LuceThe number of individuals appearing in civil cases in Hong Kong is not readily available. However, in 1983 the following writs were issued in the courts listed below:
Numbers High Court 21,109 District Court 51,155 A substantial number of such writs were settled prior to trial as a result of interlocutory hearings, agreement or withdrawal. The Court of Appeal heard 173 civil appeals involving two or more parties.
Legal aid was granted to 4,937 applicants in 1983, but statistics are not available to indicate the breakdown between courts. In any event legal aid certificates granted one year may relate to proceedings heard in subsequent years or settled out of court.
The number of persons appearing before the courts in Hong Kong in 1983 on criminal charges was 1,040,006 adults and 4,472 juveniles. The following cases involving one or more appellants — accused were heard by the courts:
Numbers Court of Appeal 646 High Court 308 District court 1,277 Magistrates' court 986,839 The number of criminal legal aid certificates granted in 1983 was as follows:
Numbers Court of Appeal 152 High Court (including magisterial appeals) 529 District court 1,141 The Law Society duty lawyer scheme, operated by the Law Society with Government subvention, represented 14,058 accused persons in the magistrates' court between 1 November 1982 and 31 October 1983.
§ Mr. Adleyasked the Secretary of State for Foreign and Commonwealth Affairs if he is satisfied that dismissed workers in Hong Kong have adequate and fair recourse to the equivalent of a United Kingdom industrial tribunal; and if he will make a statement.
§ Mr. LuceYes. The nearest Hong Kong equivalent to a United Kingdom industrial tribunal is the Labour Tribunal. Dismissed workers in Hong Kong may have recourse to the Labour Tribunal if they consider that they have been wrongfully dismissed.
§ Mr. Adleyasked the Secretary of State for Foreign and Commonwealth Affairs what form of industrial tribunal is available to persons whom the management of the Mass Transit Railway Corporation in Hong Kong has refused to re-employ following their involvement in the recent industrial dispute of the mass transit railway; and if he will make a statement.
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§ Mr. LuceThe Labour Tribunal is available to those whom the management of the Mass Transit Railway Corporation has refused to re-employ following their involvement in the recent industrial dispute.