1. Is there any financial screening (financial means test)
before I can obtain Legal Aid for criminal cases?
   
Yes.
To qualify for Legal Aid, the applicant needs to go through a financial
means test. The means test is to determine whether the applicant's assets
and income exceed the financial
resources limit for Legal Aid.
To satisfy the means test, the financial
resources of the applicant should not exceed HK$162,300. Legal Aid will normally not be
granted if the applicant's financial resources exceeded the limit.
However, the Director of Legal Aid has the discretion to grant legal
aid where
it is in the interest of justice to do so, even if the applicant's financial
resources exceed HK$162,300. It may depend on how serious the offence
is and whether the applicant can reasonably be expected to be able
to afford the legal costs for private legal representation without
Legal Aid.
For further details, please see the questions and answers below.
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