Hong Kong should grant legal aid only to deserving cases

Tony Kwok says Hong Kong must not encourage the misuse of the judicial review process by backing highly politicised cases instigated by activists or political parties

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The Labour Party wants to challenge the Finance Committee’s approval of extra funding for the high-speed rail link project. Photo: Felix Wong

Published: 3:54pm, 12 Apr 2016Updated: 3:54pm, 12 Apr 2016

Distinguished retired Court of Final Appeal judge Henry Litton last year publicly criticised the rising misuse of the judicial review process in Hong Kong. As expected, the Bar Association and lawyers from the Civic Party came out to defend the system. Clearly, lawyers have a conflict of interest in defending the issue – they are the greatest benefactors, given the high fees charged by many for participating in the litigation process.

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The latest official figures point to abuse of the legal process. In 2015, there were 259 applications for a judicial review, an increase of 54 per cent over 2014 and double the figure five years ago. Only 77 cases, 30 per cent of the applications, were given permission by the High Court to proceed to a hearing.

Former Court of Final Appeal judge Henry Litton says Hong Kong’s legal system is being “misused” and is “drowning in irrelevance”. Photo: Bruce Yan

Hong Kong courts accomplices to abuse of judicial reviews, says former top judge Henry Litton

Even though High Court judges have fulfilled their duty as a guard to weed out cases that have no merit, the mere hearing of a large number of absurd cases must have already wasted a lot of the court’s valuable time and resources. In addition, tremendous damage may have been done in some cases due to the delay to public projects.

It is not clear how many of those rejected cases were funded by legal aid. This would show whether the Legal Aid Department is taking a responsible position.

What is ridiculous are the cases initiated by pan-democratic parties

I have no strong view on judicial review cases launched by organisations or individuals of their own accord, even though they may abuse the judicial process. In the end, they will be responsible for the outcome, at least in terms of legal fees and possible punitive court costs.