Hong Kong legal-aid approvals for policy challenges fall to two
Hong Kong approved only two legal-aid applications for judicial review challenges involving government policies and decisions last year, according to annual reports. Legal Aid Director Chan Chak-ming rejected claims that scrutiny had been tightened, while critics pointed to a more difficult process and questioned the sharp fall in approvals.
Hong Kong authorities approved two legal-aid certificates last year for judicial review challenges against government policies and related organisations’ decisions, the lowest figure in the past decade, according to Legal Aid Department annual reports. The department received 110 applications involving such challenges, almost 60 per cent fewer than in 2016. Approvals fell by almost 90 per cent over the same period.
The figures have prompted questions about whether applicants face greater difficulty obtaining assistance to challenge government decisions. Legal Aid Director Chan Chak-ming denied that the department had adopted a stricter approach. In an interview with the South China Morning Post, he said his powers and duties were specified by law and that the department was simply applying the Legal Aid Ordinance.
Applicants whose financial resources do not exceed HK$452,320 may apply for legal aid. The department considers the facts and evidence, applicable legal principles, prospects of success, the reasonableness of the case and the public interest involved. Chan said each application was assessed individually and that the department did not operate according to a target number.
He attributed part of the decline to the smaller number of applications and changing public sentiment. However, he did not explain why approvals had fallen more sharply than applications. Chan said applicants retained a right of appeal and argued that Hong Kong’s system remained robust and fair.
Critics said the process had become increasingly difficult. Eddie Tse Sai-kit, a retired social worker, abandoned a judicial review concerning the environmental study for the San Tin Technopole after failing both the means and merits tests. He said the department had sought external legal advice despite the court recognising the public interest in the case.
Senior counsel Ronny Tong Ka-wah defended the department. He said a previous increase in approvals might have reflected an incorrect standard, or fewer challenges might indicate that government decisions were more lawful and procedurally proper. The department’s position remains that aid is available to eligible applicants with cases meeting its legal tests.
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