8. What can I do if my application for Criminal Legal Aid is rejected?
You should first check the reasons for the refusal and see if there may be any errors or mistakes on the information that you had given to the Legal Aid Officer during your application. If so, you may liaise with the staff of the Legal Aid Department to explain further your situation and ask them to re-consider your application.
If your assessed financial resources do not exceed $449,620 but you are refused Legal Aid on merits, you can apply to the judge hearing your case to grant you Legal Aid.
If the case/appeal involves an offence endangering national security the maximum penalty for which is life imprisonment, murder or an offence under section 19 of the Crimes Ordinance (piracy with violence), you can apply to the judge to grant you Legal Aid and exempt you from the means test and payment of contribution..
Apart from the above-mentioned channel to obtain Legal Aid directly from the judge, there is unfortunately no right of appeal against a refusal to grant Legal Aid in criminal cases. The only exception is that if you are refused Legal Aid for lodging an appeal to the Court of Final Appeal, you may appeal against the refusal to a Committee of Review.
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