How to Get Legal Advice & Assistance
Every one of us has the right to seek justice in law. When you need legal representation before the court but are unable to afford it because of your means, you may apply for legal aid from the Legal Aid Department (LAD) for proceedings in the District Court, courts of above levels or committal proceedings in the Magistrates’ Courts. For legal representation in Magistrates, Juvenile and Coroner’s Courts, you may apply for the Duty Lawyer Service (the Service).
When you need legal advice on a problem you face, you can use the free legal advice service provided by the Service. You can also pay for a lawyer to give legal advice or represent you in court.
Here's how to get legal advice and assistance when you need it.
Legal Aid from the Legal Aid Department
Legal aid is a means by which eligible applicants can obtain legal representation by a solicitor and, if necessary, a barrister in proceedings before the courts. The service is provided by the LAD to any person in Hong Kong, both residents and non-residents.
Legal aid provided by the LAD is available for proceedings in:
- the District Court
- the Court of First Instance
- the Court of Appeal
- the Court of Final Appeal
- the Magistrates' Courts (committal proceedings only)
- Mental Health Review Tribunal
- Coroner's Court (in the interests of public justice)
If your application for legal aid is successful, the Director of Legal Aid will assign a lawyer, either in-house or in private practice to represent you. If your case is assigned out, the LAD will monitor the continued merits of your case and its progress.
Types of Legal Aid Schemes
The LAD administers two Legal Aid Schemes:
- Ordinary Legal Aid Scheme (OLAS):
For civil proceedings: it covers civil cases such as family and matrimonial disputes, personal injuries claims, employment disputes, contractual disputes, immigration matters and professional negligence claims.With effect from 30 November 2012, the Ordinary Legal Aid Scheme has been expanded to cover monetary claims in derivatives of securities, currency futures or other futures contracts when fraud, misrepresentation or deception is involved in respect of the sale.
For criminal proceedings: it covers committal proceedings in the Magistrates' Courts (proceedings before a Magistrate for determining whether there is enough evidence against a defendant for a criminal case to be transferred to the High Court for trial or sentence), cases tried in the District Court and the Court of First Instance of the High Court, as well as appeals from the Magistrates' Courts and to the Court of Appeal of the High Court or the Court of Final Appeal. - Supplementary Legal Aid Scheme (SLAS):
It is available to people whose financial resources are over the limit permitted for the OLAS but below a stated amount. The SLAS covers the following cases where the claim for damages is likely to exceed HK$75,000 - personal injuries or death claims, medical or dental negligence claims, professional negligence claims against nine professions, negligence claims against insurers or their intermediaries in respect of the taking out of personal insurance products, monetary claims against vendors in the sale of first-hand residential properties, professional negligence claims against financial intermediaries licensed or registered for Type 1, Type 2 or Type 8 regulated activities within the meaning of the Securities and Futures Ordinance (Cap.571), and monetary claims in respect of derivatives of securities, currency futures or other futures contracts on the basis that the person was induced to deal in those derivatives, futures or contracts by fraud, deception or misrepresentation. It also covers claims brought by employees under Employees’ Compensation Ordinance and representation for employees in appeals against awards made by the Labour Tribunal, irrespective of the amount in dispute.
Who are Eligible
To successfully apply for legal aid, you must pass the means test and merits test.
- Means test :
For civil cases, no matter you are applying legal aid under the OLAS or SLAS, your financial resources should not exceed the statutory financial eligibility limit. In some cases, the Director may waive the limit where a breach of certain basic human rights is an issue.
For criminal cases, the Director may grant legal aid to an applicant whose financial resources exceed the financial eligibility limit if the Director is satisfied that it is desirable in the interests of justice to do so subject to the payment by you of a contribution on higher rates calculated in accordance with your financial resources.
For more details about the means test, you can refer to the links below.
Financial resources limits for applying for legal aid
For Civil Cases - Ordinary Legal Aid Scheme - Supplementary Legal Aid Scheme For Criminal Cases
How to calculate financial resources for applicants of legal aid
Financial Information Sheet - Merits test :
For civil cases, you need to show you have reasonable grounds for taking or defending proceedings. For criminal cases, legal aid will be granted to you for trial if it is desirable in the interests of justice to do so. For criminal appeal cases, it must be shown that there are reasonable grounds for appeal.
Legal Aid Contributions
If you pass the means and merits tests and legal aid is offered to you, you may be required to pay a contribution towards the costs and expenses based on your financial resources.
You can check out how much you need to pay for legal aid on the following links:
How to calculate legal aid contributions
Financial Information Sheet
Director of Legal Aid’s First Charge
Whether an aided person is required to pay a contribution or not, if he/she is successful in recovering or preserving any money or property in legally aided proceedings, he/she will be required to repay the Director the costs and expenses incurred by the LAD including pre-certificate expenses. The Director’s right to recover the costs and expenses incurred or any shortfall from the property recovered or preserved is known as the Director of Legal Aid’s First Charge.
For more information of contribution towards costs of legal aid cases and Director of Legal Aid’s First Charge you may refer to the booklet “Contribution towards Costs of Legal Aid Case and Director of Legal Aid’s First Charge” or view the video “Liability for Costs and How Monies Recovered are Released”.
How to Apply
In Person
- Civil Cases
You can apply in person at the following offices of the LAD:
Headquarters
25/F Queensway Government Offices
66 Queensway, Hong Kong
Kowloon Branch Office
G/F Mongkok Government Offices
30 Luen Wan Street
Mong Kok, Kowloon
Opening hours:
Mondays – Thursdays: 8:45 am – 1 pm and 2 pm – 5:45 pm
Fridays: 8:30 am – 1 pm and 2 pm – 6 pm
Tel: 2537 7677
Email : ladinfo@lad.gov.hk
You have to fill in the relevant questionnaires and forms which can be collected from the enquiry counters at the offices of the LAD. You will be given an appointment for an interview ONLY when you have completed the form and questionnaires and provided the LAD with all relevant documents.
If your case is urgent, you should inform the staff at the enquiry counter and the LAD will accord priority to your application.
You do not have to pay an application fee unless you are applying for legal aid under the SLAS. - Criminal Cases
If you are in custody, you can tell the staff of the Correctional Services Department that you want to apply for legal aid, and they will help you fill in the application form and forward it to the LAD.
If you are not in custody, you can apply for legal aid in person at the following office of the LAD:
Crime Section
25/F, Queensway Government Offices
66 Queensway, Hong Kong
Opening hours:
Mondays – Thursdays: 8:45 am – 1 pm and 2 pm – 5:45 pm
Fridays: 8:30 am – 1 pm and 2 pm – 6 pm
Tel: 2537 7677
E-mail : ladinfo@lad.gov.hk
Whether you are applying for civil or criminal legal aid, you should bring along all supporting documents for the means test and merits test (e.g. bank books, salary slips, rental receipts, mortgage repayment schedule, salaries tax assessment, proof of Comprehensive Social Security Assistance (CSSA)). You do not have to pay an application fee unless you are applying for legal aid under the SLAS.
Online
In non-urgent cases, civil legal aid applicants aged 18 or above and all criminal legal aid applicants can submit pre-application information online as a first step towards making an application for legal aid through the Legal Aid Electronic Services Portal (LAESP).
By accessing LAESP, you can download the "Legal Aid Pre-application Information Form" after answering some key questions. The form, once filled in, can be forwarded online to LAD. LAD will acknowledge receipt of the information through LAESP and assign you a transaction reference number. Once LAD has checked that the information supplied is in order, you will be given an appointment to make a formal application.
Access LAESP
https://laesp2.lad.gov.hk/laesp/portal/entry/entryDeclare.jsp
Processing Time
- For Civil Cases
In general, you will be informed of the result within 3 months. It may be necessary for the LAD to obtain additional information from third parties such as banks, other government departments or the Hospital Authority in order to determine your means and the merits of your case. The lawyer handling your case will decide whether you are eligible for legal aid once he has obtained all the necessary information. - For Criminal Cases
In general, you will be informed of the result within 8 working days of the application for committal proceedings, and 10 working days for cases in the District Court or Court of First Instance. For appeals against sentence, you will normally be notified of the outcome within 2 months, and for appeals against conviction, within 3 months.
Whether you are applying for civil or criminal legal aid, you should refrain from enquiring about your application during the periods mentioned, as this will cause delay. If your application is not determined within the period mentioned, you will be informed of the position.
When You are Offered Legal Aid
You should read all the terms of the offer very carefully, especially the part about the amount of your contribution, if any, and the Director's first charge. For civil cases, if the terms are acceptable, you must sign the "Form of Offer and Acceptance of A Legal Aid Certificate" and return it together with your contribution payment, if required, to the LAD within 14 days.
LAD will then issue a Legal Aid Certificate to you, which confirms that you are a legally aided person.
For criminal cases, if you are eligible for legal aid without payment of a contribution, you do not need to sign the Form to confirm your acceptance of the offer. A Legal Aid Certificate will be sent to you direct.
When You are Refused Legal Aid
- For Civil Cases
You may appeal to the Registrar of the High Court against the refusal of your application for legal aid. The decision of the Registrar is final. - For Criminal Cases
If you are refused legal aid because your case/appeal lacks merits, the judge hearing your case/appeal may grant you legal aid provided you are eligible on means.
If your case/appeal involves murder, treason or piracy with violence, the judge hearing your case/appeal may grant you legal aid and exempt you from the means test and the payment of contribution.
Whether you are applying for civil or criminal legal aid, if your application is for legal aid to appeal to the Court of Final Appeal and is refused, you may apply to a Review Committee made up of the Registrar of the High Court and a representative each of the Hong Kong Bar Association and the Law Society of Hong Kong. The decision of the Review Committee is final.
If your application, whether for civil or criminal legal aid, was refused on means and there have been changes to your financial circumstances since the refusal so that your financial resources now do not exceed the financial eligibility limit, you may re-apply for legal aid. However, the Director of Legal Aid may refuse legal aid if you have disposed of any capital or income or failed to maximise your earning potential so as to expend or reduce your financial resources for the purpose of satisfying the financial eligibility limit.
The LAD does not provide legal advice service to members of the public. For more information on how to seek legal advice in Hong Kong, you can refer to the link below.
Legal Advice and Assistance offered by The Duty Lawyer Service
The Free Legal Advice Scheme is provided by The Duty Lawyer Service. It gives preliminary legal advice to people as to their legal position in genuine cases free of charge.
The scheme has nine Legal Advice Centres in Central & Western, Eastern, Islands, Kwun Tong, Shatin, Tsuen Wan, Wanchai, Wong Tai Sin and Yau Tsim Mong district offices of Home Affairs Department. Volunteer qualified lawyers are available from 6:30 pm to 8:30 pm one evening a week, except those in Wan Chai Centre, which opens thrice a week and Central and Western Centre, which opens twice a week. The addresses and telephone numbers and locations of Legal Advice Centres are as below:
List of Duty Lawyer Service - Legal Advice Centres
How to Apply
If you wish to seek free legal advice from the scheme, you need to attend a referral agency to make an appointment to meet the volunteer lawyer at the Legal Advice Centre you selected. You can also check out the referral agencies on the following link:
Referral agencies of Free Legal Advice Scheme
You should be able to meet a volunteer lawyer generally around 3-4 weeks after you make the appointment. For urgent cases, the Free Legal Advice Scheme will endeavour to arrange the appointments within two weeks. Please be noted that the scheme only provides preliminary legal advice as to your legal position. You will not be offered any follow-up service nor legal representation. Clients who have been granted legal aid or engaged a private lawyer are not eligible for the scheme.
The Duty Lawyer Scheme administered by the Service provides legal representation by qualified lawyers in private practice to eligible defendants appearing in all Magistrates Courts, Juvenile Courts and Coroners Courts. You can check the details of Duty Lawyer Scheme via the following link:
The Duty Lawyer Scheme
Legal Advice Scheme for Unrepresented Litigants on Civil Procedures
The Legal Advice Scheme for Unrepresented Litigants on Civil Procedures (Procedural Advice Scheme) provides free legal advice on civil procedural matters for different stages of civil legal proceedings for unrepresented litigants who:
- wish to commence, have commenced or are parties to civil legal proceedings in the Lands Tribunal, the District Court, the Family Court, the Court of First Instance or the Court of Appeal of the High Court, or the Court of Final Appeal;
- have not been granted legal aid and have not engaged lawyers; and
- satisfy the Scheme’s income eligibility limit.
You must make your applications in person at the Procedural Advice Scheme Office and provide all relevant court documents, if any. Further details on the Scheme are available on the Scheme’s website and at the Procedural Advice Scheme Office.
Legal Advice Scheme for Unrepresented Litigants on Civil Procedures
| Procedural Advice Scheme Office |
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Admiralty Office: Wanchai Office: |
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Office Hours: |
| Tel: 2259 5017 |
Legal Advice and Assistance offered by Legal Professional Bodies
You can also seek legal advice and assistance from the following professional bodies:
- The Law Society of Hong Kong
The Law Society of Hong Kong does not provide legal advice service to members of the public. If you wish to hire a solicitor, you may consult the Law List and the Directory of Law Firms on its website. On the website, you can search solicitors or law firms in Hong Kong according to the areas of practice.
There is also a Free Legal Consultation section on the website of ChooseHKLawyer, managed by the Law Society of Hong Kong. This website lists the solicitors' firms who have volunteered to provide not more than 45 minutes of free legal consultation in one or more areas of practice. For more information, you can refer to the following links:
The Law Society of Hong Kong
ChooseHKLawyer - The Hong Kong Bar Association
You should go to a solicitor first for advice on whether you need a barrister. A barrister is an expert in advocacy and specialised in litigation. You can also instruct a barrister to give you legal advice, or to draft documents related to litigation.
The Bar Free Legal Service Scheme launched by The Hong Kong Bar Association provides free legal advice and representation in cases where legal aid is not available and the applicant is unable to afford the proceedings. For details, you can click on the following link:
Hong Kong Bar Association