| Legal
representation Costs
of applications Article
26 of the Convention provides that each Central Authority shall bear its own
costs in applying the Convention and that a Central Authority may not require
any payment from an applicant towards legal costs. However, the Convention permits
a Contracting State or territory to make a reservation declaring that it shall
not be bound to assume any legal costs except insofar as those costs may be covered
by legal aid, and such a reservation has been made in respect of Hong Kong. According
to section
13 of the CACO, the legal costs for proceedings commenced under the Convention
shall not be borne by the Secretary for Justice or any other authority in Hong
Kong (except insofar as those costs may be covered by the grant of legal aid under
the Legal
Aid Ordinance (Cap. 91)). 
Legal
aid The
Convention provides that Central Authorities shall take all appropriate measures,
where the circumstances so require, to provide or facilitate the provision of
legal aid and advice. You can visit the website of the Legal
Aid Department of Hong Kong for legal aid information, in particular the details
of Legal Aid
Schemes for Civil Cases. In order to qualify for legal aid, you have to pass
the merits test and the means test. In other words, your financial resources should
not exceed the limit for legal aid and you should have a reasonable claim or defence
in a case. A legally aided person may be required to pay a contribution towards
the costs of the legal proceedings. Please contact
the Central Authority of Hong Kong or the Legal
Aid Department if you wish to apply for legal aid. Employing
your own lawyers The
legal profession in Hong Kong is divided into two distinct branches -- barristers
and solicitors. If you wish to instruct your own lawyers to act on your behalf,
you need to engage a firm of solicitors to commence proceedings and assist you
in preparing your case. Where appropriate, your solicitor may recommend that you
engage the service of a barrister who specializes in cases under the Convention.
You can visit the websites of the Law
Society of Hong Kong and the Hong
Kong Bar Association for more information about Hong Kong solicitors and barristers
in private practice. You may also contact the
Central Authority of Hong Kong if you are not sure as to how to proceed.
Free
Legal Service Scheme The
Hong Kong Bar Association is
the professional organization of barristers in Hong Kong. The Bar
Free Legal Service Scheme provides free legal advice and representation in
certain cases.
  Last
review date: 23
Feb 2012
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