Legal aid chief denies stricter vetting as aid for policy challenges hits decade low
Hong Kong authorities approved only two legal aid applications for judicial review challenges against government policies and decisions last year, the fewest in the past decade, although its director has dismissed claims of tightened scrutiny or diminished access to justice. The Legal Aid Department received 110 applications concerning judicial reviews of government policies and related…
Last year, Hong Kong's authorities approved just two legal aid applications for judicial review challenges against government policies, marking the lowest number in the past decade, according to the Legal Aid Department's director, Chan Chak-ming. This represents an almost 60% drop from 2016 when the department handled 110 such applications.
Chan dismissed claims of tightened scrutiny, stating that the department merely carries out its duties as outlined by the Legal Aid Ordinance. Eligibility for legal aid is determined by financial resources, with applicants needing to earn less than HK$452,320 (US$57,660) annually. The department evaluates each case based on its facts, evidence, legal principles, prospects of success, reasonableness, and public interest, but does not fund purely academic debates.
Chan acknowledged a decline in applications, attributing it to shifting public sentiment and fewer cases. Despite the lower number of approvals, he assured the public that the legal aid system remains robust and fair, with the right to appeal remaining intact. However, critics argue that the process has become more challenging, using the 2024 judicial review of the San Tin Technopole project as an example.
The applicant in that case, Eddie Tse Sai-kit, was denied legal aid due to failing both the means test and the case merits test.
Written by urgent.news from South China Morning Post - Hong Kong's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
