Legal services provided by the Public Solicitor are currently free of charge, however last year, the Legal Aid and Advice (Amendment) Bill was passed in Legislative Council. This Ordinance makes provision for people to pay appropriate fees for legal services and legal aid provided by the Public Solicitor. It also strikes a difference between legal aid and legal services.

Fees for legal services will be decided by the Public Solicitor with the approval of the Chief Justice and regulations setting out specific fees for legal aid will be submitted to Executive Council for approval in due course.

At this point in time, the services of the Public Solicitor remains free but it is felt that some people and businesses that engage the services are able to pay but currently there is no legislative provision for them to do so. As a result, they receive the services free of charge. Once the Public Solicitor has determined appropriate fees persons not eligible for legal aid will have to pay for what will be termed as legal services.

The proposed Legal Aid Regulations 2003 provide that people who do not have a high disposable income or much in the way of savings will be able to apply for legal aid. Depending on a person’s disposable income or disposable capital, legal aid will be granted either free of charge or at the rates set out in the Regulations. Persons granted legal aid may also be required to pay a percentage contribution of any monies that may be recovered as a result of successful proceedings.

All persons receiving legal aid from the Public Solicitor will have to pay for outlays made on their behalf — including court fees and overseas telephone and fax costs. The Public Solicitor may however, in respect of persons with a low disposable income or disposable capital, waive these payments.