Preventing Unmeritorious Cases from Continuing to Receive Legal Aid

24 Ms Diana Pang Li Yen asked the Minister for Law (a) how many legally aided persons have been ordered by the Courts to pay costs in the past five years; and (b) whether procedures have been tightened to prevent unmeritorious cases from continuing to receive legal aid.

Mr Edwin Tong Chun Fai: Based on our records, there were four legally aided persons from 2021 to 2025 who were ordered by the Courts to pay costs. All four cases were civil matters, out of about 5,500 civil cases that received Grant of Aid or Provisional Grant of Aid in that period.

We conduct a rigorous legal merits test, including assessment of the applicant's amenability to accept legal advice, before granting aid. For civil legal aid, we will assess whether the applicant has a reasonable prospect of success in Court based on all available information and evidence. For criminal defence aid, we will assess whether the applicant requires legal representation to plead guilty or if there are reasonable grounds for defence.

Cases are closely monitored and aid may be cancelled where there are no longer merits. For example, where new information affects case viability or where the manner in which the applicant wishes to conduct proceedings has become unreasonable.