摘要
一、香港法律援助服務的發展史香港尚未推行法律援助計劃時,貧苦大眾訴諸法律的唯一途徑是遞交「窮民訴狀丄由法官委任一名律師代表貧窮人士,但這種援助方法只適用於被告人可被判死刑的極嚴重刑事案件(於1962年擴大至所有在最高法院審理的案件),或申請人的資產價值少於港幣500元的民事案件。就此委任的律師不得向申請人收取任何費用,但若申請人勝訴並獲判由對訟人支付訟費,則獲委任的律師有權在評定訟費後收取所有核准的相關費用。由於難以確定會否獲取費用,律師不會積極接辦這類案件,導致這個制度在各方面都不如理想。
History of Legal Aid Services in Hong Kong In those days before a legal aid scheme was introduced in Hong Kong, the only legal remedy for poor people lay in 'pauper's petitions \ whereby a judge would appoint a lawyer for a penurious person. However, this recourse was available only in the most dire circumstances-for those charged with capital offences in criminal cases (extended to all Supreme Court trials in 1962) or with property worth less than HK$500 in civil cases. The lawyer so appointed could not take any fee from the person. However, if the person won his case and costs were awarded to be paid by his opponent, the lawyer appointed would be entitled to receive all such fees allowed after taxation. The uncertainty of receiving any fee left lawyers unmotivated, making it an unsatisfactory system all round.
作者
鄺寶昌太平绅士
Thomas Edward Kwong(Legal Aid, Hong Kong Legal Aid Department)
