The SUN HK : Free legal advice to litigants in civil cases expanded

Litigants in civil cases filed with the District Court or a higher court can avail of the free legal advice

Starting next Monday, September 4, any person who is involved in a civil dispute and has not hired a private lawyer or has been granted legal aid may seek legal advice under the government’s Procedural Advice Scheme, whatever their income bracket.

The expanded coverage of the scheme was announced by the government earlier today. Under the revised rules, the existing income eligibility limit for applicants of not more than $50,000 a month or $600,000 annually has been lifted. This means an unrepresented litigant will no longer be asked for income proof, making it easier to obtain legal guidance quickly.

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In addition, the Scheme’s online application system may be used from Monday even by first-time applicants, instead of just re-applicants who have previously attended an advice session regarding the specific case. This is intended to enhance accessibility to the service.

Interested individuals can access the online application system via the following website: eform.cefs.gov.hk/form/cso001/en/.

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But as before, the service is provided only to unrepresented litigants, meaning those who have not engaged the services of a lawyer or has been granted legal aid, and either commenced or are parties to legal proceedings in the Lands Tribunal, the Family Court, District Court, Court of First Instance or Court of Appeal of the High Court or the Court of Final Appeal.

Individuals who face criminal prosecution can seek help from the Duty Lawyer Service if they are charged before a magistrate, or from the Legal Aid Department if the case is brought to a higher court.

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Applicants to the Procedural Advice Scheme will remain responsible for the conduct of their own proceedings as the volunteer lawyers who advise them will not represent them in court, or help them draft legal documents. All advice sessions will be conducted face to face, and no written record of the proceedings will be made.

Services will not be provided in the following cases: (a) legal aid application and legal aid appeal; (b) applications for letters of administration and the grant of probate; (c) petition/discharge of self-bankruptcy order; (d) cases involving Mainland or foreign law; (e) seeking advice for limited companies, societies, associations; (f) drafting legal documents; (g) applicants repeatedly seeking advice concerning the same issues or subject matters without additional information; (h) matters with no legal procedural issues involved; (i) the matters have been solved or superseded by event; or (j) complicated legal issues which require detailed research and studying of documents.

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A statement from the Government’s Administration Wing said, "Since its launch in 2013, the Procedural Advice Scheme has conducted over 24 000 advice sessions for about 9 000 eligible litigants. The enhancements will further respond to the society's needs and benefit more people in need."

For details, the public may call 2259 5017 or visit the dedicated webpage of the Procedural Advice Scheme at www.admwing.gov.hk/eng/public_service/paso.htm.