Court of Final Appeal grants application filed by lesbian over dispute with Legal Aid Department

A lesbian saw her application to the Court of Final Appeal granted on Friday over a lawsuit with the Legal Aid Department, which revoked her legal aid back in 2018 after finding she co-owned a pet shop. 

The lesbian, identified as MK, challenged it was a violation of the Basic Law that Hong Kong prohibited same-sex marriage but lost the judicial review in 2018. 

The Legal Aid Department later received anonymous complaints that MK and her partner owned a pet shop, and revoked MK’s legal aid after inquiring senior counsel Hectar Pun Hei who represented her. 

MK filed a judicial review against the department’s decision and won. The department then appealed the ruling and also won early this year, as the High Court’s Court of Appeal said it was right of the barrister to tell the department that MK co-owned the pet shop. 

MK again filed an application for review to the Court of Final Appeal, which was granted today (Fri) by Justices Joseph Fok, Johnson Lam Man-hon, Robert Tang Kwok-ching. 

The review listed the Director of Legal Aid as the respondent. MK argued that the information of her co-owning a pet shop with her partner is protected under the legal professional privilege (LPP), and shouldn’t be disclosed or reported before or after a lawyer or barrister is appointed. 

Senior counsel Robert Pang Yiu-hung, who represents MK this time, said lawyers and barristers should keep all information of legal aid recipients confidential at all times. Otherwise, the recipient would have to think carefully and mince their words even when talking to the lawyers. 

The department’s side refuted that lawyers have the duty to report suspected abuse by legal aid applicants or recipients. There should not be any time limit on reporting abuse as well. 

The three justices then granted MK’s application as they agreed it was a reasonable ground for MK to challenge to what extent can the legal professional privilege override article 21 under Legal Aid Regulations, which states the lawyers have the duty to report if they suspect applicants knowingly make false statements. 

The hearing was scheduled on November 28.