The Consumer Legal Action Fund ("Fund") is a trust fund set up to give greater consumer access to legal remedies by providing financial support and legal assistance. The Fund aims to provide assistance in the following circumstances:
The Consumer Council ("Trustee") is the trustee of the Fund and is advised by a Management Committee on the eligibility and merits of the cases seeking assistance under the Fund.
Legal assistance may be in the form of advice, assistance and representation by a solicitor and counsel. Cases seeking assistance under the Fund have normally exhausted all other means of dispute resolution (e.g. conciliation and mediation, etc.) As a result, legal assistance does not cover assisting the applicant in mediation as part of the litigation process.
You can apply for legal assistance under the Fund if you are a consumer or a group of consumers involved in a matter which :
and you have exhausted all other means of dispute resolution in this matter and you do not qualify for any form of legal aid. However, the Trustee has a discretion in granting or refusing assistance in appropriate cases.
When considering whether or not to grant you assistance, the Trustee may consider, in particular, the following :
Applicants for assistance under the Fund need not undergo a mandatory means test in order to qualify for assistance. However the Trustee may take into account an applicant's financial resources in deciding whether to accept or reject a particular case. You may be asked to provide details of your financial resources.
You will be notified by the Trustee whether your application for assistance has been accepted. If legal assistance is granted to you, the Trustee will also execute the Agreement, date it and return one copy to you for safekeeping. Your matter is then assisted by the Fund.
If your matter is unsuccessful, you need not make any further payment. The Fund pays for all your costs and expenses. It must be stressed that if your matter is unsuccessful because of your fault or your not providing full, true and accurate information to the Trustee when applying for assistance, you must cover the Trustee for all losses, costs, expenses, claims, damages and liabilities suffered in connection with your matter and the granting of assistance to you.
If your matter is successful, you pay a contribution to the Fund calculated as follows:
This contribution is subject to a cap: 25% for matters that may be or are actually determined in the Small Claims Tribunal and 50% for all other matters, of the Benefit Value.
Your matter is considered successful in circumstances including money or property being received, recovered or preserved for you or allowed to be kept by you or any benefit being gained by you or any claim against you being dropped.
The Trustee may, in appropriate circumstances, reduce or waive the contribution payable.
All moneys payable to you in your matter are to be first paid to the Trustee. Any money received for costs will be used to cover the legal costs and expenses and other sums paid for your matter. All other moneys will cover such part of the contribution payable as the Trustee requires. The balance will be paid to you as soon as is possible. If your matter is successful but not by reason of money payable, you are to pay the contribution as and when the Trustee calls upon you to do so.
The Trustee will assign the solicitor and, if necessary, the barrister to handle your case.
The Trustee may at any time by notice to you terminate its agreement to provide legal assistance to you. In such circumstances, the assistance will cease to be provided and both you and the Trustee will be under no further obligation or liability to the other.
If however the Trustee terminates the agreement to provide assistance because of your fault or your not providing full, true and accurate information to the Trustee when applying for assistance, you must cover the Trustee for all losses, costs, expenses, claims, damages and liabilities suffered in connection with your matter, the granting of assistance to you and the termination.
The information in this pamphlet is for reference only. Please refer to the Application and the Agreement for your and the Trustee's rights and obligations.
Revised date : 2021
Mr. Paul LAM Ting-kwok, SBS, SC, JP
Mr. Antonio KWONG Cho-shing, MH
Mr. Matthew LAM Kin-hong, MH, JP
Dr. LUI Wing-cheong
Ms. Gilly WONG Fung-han
Mr. Selwyn YU Sing-cheung, SC
Dr. LO Pui-yin
Ms. Astina AU Sze-ting
Ms. Rebecca CHAN Ching-chu
Dr. Catherine CHONG Shiu-yin
Mr. Alex FAN Hoi-kit
Mr. Johnny FEE Chung-ming, JP
Mr. Richard KHAW Wei-kiang, SC
Ms. Queenie Fiona LAU
Mr. Raymond MAK Ka-chun
Mr. Alan NG Man-sang
Ms. Gilly WONG Fung-han
|30 September 2020||Half-yearly Report of the Consumer Legal Action Fund|
|30 September 2019||Half-yearly Report of the Consumer Legal Action Fund|
|30 September 2018||Half-yearly Report of the Consumer Legal Action Fund|
|30 September 2017||Half-yearly Report of the Consumer Legal Action Fund|
|30 September 2016||Half-yearly Report of the Consumer Legal Action Fund|
|30 September 2015||Half-yearly Report of the Consumer Legal Action Fund|