LEGAL AID ORDINANCE

LEGAL AID ORDINANCE

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do
0 LAWS OF HONG KONG

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LEGAL AID ORDINANCE

CHAPTER 91

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REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 91

LEGAL AID ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ...........................3
21. Interpretation .......................3
3. Appointments ..........................5
4. Panels of counsel and solicitors ......5

PART II

SCOPE OF LEGAL
AID

5. Persons eligible for legal aid ........6
5A. Supplementary legal aid ..............6
6. Scope of legal aid ....................7
7. Power of the Legislative Council to make amendments 7

PART III

APPLICATIONS FOR LEGAL AID AND GRANT OF
CERTIFICATE

8. Application for legal aid .............7
9. Power of Director to make inquiries ...8
10. Grant of legal aid certificates ......9
11. Revocation and discharge of certificates 10
12. Application for aid by more than one party 10
13. Endorsement of legal aid certificate .10
14. Filing of legal aid certificate ......11
15. Stay of proceedings upon making of application for legal aid 11
16. Appeals by aided persons .............12
16A. Appeals to Privy Council ............12

PART IV

COSTS AND
CONTRIBUTIONS

16B. Benefits afforded to aided persons ..13
16C. Liability for costs .................13
17. Court may order payment of costs by aided person in certain event 15





Section..................................... Page
18. Contributions by aided person ........16
18A. Charge on property recovered .........16
1 18B..............................Security for costs 18
19. Award of costs .......................18
19A. All moneys due to aided person to be paid to Director 18
19B. Disposal by Director of moneys paid to him 19
20. Costs of counsel and solicitors ......20
21. Adaptation of rights to indemnity ....20
22. Prohibition against taking fees from aided person 21

PART V

MISCELLANEO
US

23.......................................Proceedings for misrepresentations, etc . 21
24.......................................Privileges attaching to certain relationships 22
25.......................................Legal aid not to discontinue without leave 22

26................................Appeal from decision of Director 1 22

26A......................................Appeal from decision of Director in Privy Council matters 23
27.......................................Expenses of legal aid 24
28.......................................Regulations 24

PART VI

PROVISIONS RELATING TO THE
SUPPLEMENTARY
LEGAL AID SCHEME

29.......................................Establishment of Supplementary Legal Aid Fund 27
30.......................................Borrowing powers of the Director 28
31.......................................Accounts 28
32.......................................Contributions for benefit of the Fund 28
33.......................................Appeals and powers of the Director 29

Schedule 1. Legal Aid Officers-Designations 30
Schedule 2. Proceedings for which legal aid may be given under section 5 30

Schedule 3................................Proceedings for which legal aid may be given under section 5A 31





CHAPTER 91

LEGAL AID

To make provision for the granting of legal aid in civil actions to persons of limited
means and for purposes incidental thereto or connected therewith.

[12Januaryl9671 L.N.1of1967

Originally 36 of 1966-27 of 1967,9 of 1968, L.N. 151 of 1969,52 of 1970,35 of 1971,58 of
1972, L.N. 168 of 1972,79 of1975, L.N. 108 of 1977,60 of 1981,4 of 1982,14 of 1982, L.N.
296 of 1982, L.N. 425 of 1982, 24 of 1983, 48 of 1983, 54 of 1984, R. Ed. 1984, L.N. 5 of
1986, 40 of 1986,40 of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Legal Aid Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

,,aided person' means a person to whom has been granted a legal aid certificate
which is still in force; (Amended 54 of 1984 s. 2)

,,assignment' and 'assigned' include assignment of solicitor or counsel by the
Director, selection of solicitor or counsel by an aided person and briefing of
counsel by a solicitor;

'contribution' means the contribution payable under this Ordinance by an aided
person or formerly aided person to the costs and expenses of legal aid; (Added
54 of 1984 s. 2)

'counsel' means a person who is enrolled as a barrister on the roll of barristers
maintained in accordance with the provisions of the Legal Practitioners
Ordinance (Cap. 159), and who, at the material time, is not suspended from
practice and, for the purposes of any proceedings relating to an appeal to, or an
application for leave to appeal to, the Privy Council, includes a person qualified
to practise as a barrister in England and Wales and who, at the material time, is
not suspended from practice; (Amended 14 of 1982 s. 2)





'court' means any court, tribunal or person in respect of proceedings before which
legal aid may be granted but does not include the Privy Council; (Amended 14
of 1982 s. 2)

'Director' means the Director of Legal Aid appointed under the provisions of
section 3 and any Deputy Director of Legal Aid, Assistant Director of Legal Aid
and Legal Aid Officer so appointed; (Amended 24 of 1983s. 2; 54 of 1984 s. 2)

'Fund' means the Supplementary Legal Aid Fund established under section 29;
(Added 54 of 1984 s. 2)

'guardian', in relation to an infant, includes, without prejudice to the generality of
the expression, such person as the Director considers might properly be
appointed by the court to be the next friend or guardian ad litem of the infant;

'income', 'disposable income' and 'disposable capital' mean income, disposable
income or disposable capital as determined in the prescribed manner; (Added54
of 1984 s.2)

'judge' means a judge of the Supreme Court or the District Court, as the case may
be;

legal aid' means legal aid granted under the provisions of this Ordinance;

legal aid certificate' means a legal aid certificate granted under section 10;

'Legal Aid Officer' means an officer appointed to a post of and serving as, or
lawfully performing the functions of any of the officers designated in Schedule
1; (Added 24 of 1983 s. 2)

'order for costs' includes any judgment, order, decree, award or direction by a court
or the Privy Council for the payment of the costs of one party in the
proceedings by another party, whether given or made in those proceedings or
not; (Amended 14 of 1982 s. 2)

'panel' means the appropriate panel maintained in accordance with section 4;

'person' does not include a body of persons corporate or unincorporate so as to
authorize legal aid to be granted to such a body;

'prescribed' means prescribed by regulations made under section 28; (Added 54 of
1984 s. 2)

'Privy Council' means Her Majesty in Council; (Added 14 of 1982 s. 2)

'Registrar' means the Registrar of the Supreme Court and, for the purposes of any
proceedings before the Privy Council, includes the Registrar of the Privy
Council; (Added 14 of 1982 s. 2)

,,solicitor' means a person enrolled on the roll of solicitors maintained in accordance
with the provisions of the Legal Practitioners Ordinance (Cap. 159), and who,
at the material time, is not suspended from practice and, for the purposes of any
proceedings relating to an appeal to, or an application for leave to appeal to,
the Privy Council, includes a person qualified to practise as a solicitor in
England and Wales and who, at the material time,

is not suspended from practice;(Amended 14 of 1982 s. 2; 54 of 1984 s. 2)





'Supplementary Legal Aid Scheme means the provisions under this Ordinance

for the grant of legal aid where section 5A applies; (Added 54 of 1984

s.2)

'transcript' includes the transcript of the official shorthand note and any

official typescript of the judge's manuscript note. (Added54 of 1984 s.2)

(2) Any references in this Ordinance to proceedings, an application, an order or
a decision relating to or in connection with an appeal to, or an application for leave
to appeal to, the Privy Council shall include proceedings, applications, orders and
decisions relating to or in connection with any opposition to such an appeal or
application for leave to appeal. (Added 14 of 1982s.2)

(3) The Governor may, by order, amend Schedule 1. (Added 24 of 1983 s.2)

3. Appointments

(1) The Governor may appoint a person to be the Director of Legal Aid and may
also appoint such number of Deputy Directors of Legal Aid, Assistant Directors of
Legal Aid and Legal Aid Officers as he may think fit. (Amended 24 of 1983 s. 3)

(2) No person shall be appointed to be, or shall act temporarily as, the Director
of Legal Aid or a Deputy Director of Legal Aid or an Assistant Director of Legal Aid
or a Legal Aid Officer unless he is legally qualified. (Amended 24 of 1983 s. 3)

(3) Every person holding an appointment under subsection (1) shall, when
performing any duty or exercising any power under this Ordinance or under rules
made pursuant to section 9A of the Criminal Procedure Ordinance (Cap. 221), have
all the rights, powers, privileges, and duties of a barrister and solicitor duly admitted
under the Legal Practitioners Ordinance (Cap. 159), including a right of audience
before any court:

Provided that no such person shall undertake or conduct as counsel the case
for a defendant at the trial of such defendant in any criminal cause or matter or
conduct any appeal on behalf of any such defendant in any criminal cause or matter.
(Replaced 58 of 1972 s.2. Amended 48 of 1983s.2)

(4) Notification in the Gazette to the effect that a person has been appointed to
any of the offices referred to in subsection (1), or has ceased to hold any such
office, shall be sufficient proof of the facts stated in the notice. (Added 58 of 19 72
s. 2)

4. Panels of counsel and solicitors

(1) The Director shall prepare and maintain separate panels of counsel and
solicitors enrolled on the rolls of barristers or solicitors maintained in





accordance with the provisions of the Legal Practitioners Ordinance (Cap. 159) who
are willing to investigate, report and give an opinion upon applications for the grant
of legal aid and to act for aided persons. (Amended 14 of 1982 s. 3)

(2) The Director shall enter in the panel any limitation as to the number per
annum or as to the type of proceedings in which a counsel or solicitor is prepared to
act for aided persons and shall give effect to such limitation. (Replaced 54 of 1984
s. 3)

(3) Any counsel and solicitor shall be entitled to have his name included on the
panel unless the Director is satisfied that there is good reason for excluding him by
reason of his conduct when acting or assigned to act for persons receiving legal aid
or of his professional conduct generally.

(4) The Director shall not include the name of a counsel or solicitor on the panel
unless he is satisfied that such counsel or solicitor has a current practising
certificate and shall remove from the panels the name of any counsel or solicitor who
does not have a current practising certificate.

(5) Subject to the provisions of section 25(2), any counsel or solicitor may at
any time request the Director to remove his name from the panel and the Director
shall comply with such request.

(Amended 54 of 1984 s. 3)

PART II

SCOPE OF LEGAL
AID

5. Persons eligible for legal aid

(1) Legal aid to which this section applies shall, subject to and in accordance
with this Ordinance, be available for any person whose disposable income does not
exceed $2,200 a month and whose disposable capital does not exceed $15,000, for the
civil proceedings mentioned in Part 1 of Schedule 2, except proceedings mentioned in
Part 11 of that Schedule. (Replaced 54 of 1984s.4. Amended L.N. 5 of 1986)

(2) Nothing in this Ordinance shall authorize the grant of legal aid to a person to
whom a chose in action is assigned for any purpose connected with that chose in
action by a body of persons corporate or unincorporate. (Added 40 of 1989 s. 2)

5A. Supplementary legal aid

Legal aid to which this section applies (being legal aid under the
Supplementary Legal Aid Scheme) shall, subject to and in accordance with this
Ordinance, be available for any person





(a)to whom legal aid is not available under section 5 because his
disposable income or disposable capital are in excess of the amount
therein prescribed; and

(b)whose income does not exceed $15,000 a month, and whose
disposable capital does not exceed $ 100,000,

for the civil proceedings mentioned in Part 1 of Schedule 3, except proceedings
mentioned in Part 11 of that Schedule.

(Added54 of 1984 s. 4)

6. Scope of legal aid

Legal aid shall consist of representation, on the terms provided for by this
Ordinance, by the Director or by a solicitor and, so far as necessary, by counsel
including all such assistance as is usually given by solicitor or counsel in the steps
preliminary or incidental to any proceedings or in arriving at or giving effect to a
compromise to avoid or bring to an end any proceedings.

7. Power of the Legislative Council to make amendments

The Legislative Council may, by resolution,
(a) amend the amounts of-

(i) disposable income and disposable capital specified in section
5; and

(ii) income and disposable capital specified in section 5A; and

(b) amend Schedules 2 and 3.

(Replaced 54 of 1984 s. 5)

PART 111

APPLICATIONS FOR LEGAL AID AND GRANT OF
CERTIFICATE

8. Application for legal aid

(1) Any person who, whether in his own right or in a representative or fiduciary
capacity, wishes to be granted legal aid shall apply therefor to the Director. (Amended
54 of 1984 s. 6)

(2) Every application for legal aid shall be in such form and accompanied by
such statutory declaration, verifying the facts stated in the application, as may be
prescribed.

(3) If the person who wishes to be granted legal aid is an infant, the application
under this section shall be made on behalf of the infant by his guardian.





(4) References in subsection (1) to a person who wishes to be granted legal aid
in a representative capacity shall extend to a person who wishes to be granted legal
aid for making application to a court for an order enabling civil proceedings (being
civil proceedings in respect of which legal aid may be granted under this Ordinance)
to be conducted on behalf of a person who is mentally disordered. (Replaced 54 of
1984 s.6)

9. Power of Director to make inquiries

Where an application for legal aid is made under the provisions of section 8,
the Director may

(a)make such inquiries as he thinks fit as to the means of the applicant
and as to the merits of the case and, for the purpose of the latter, he
shall be entitled to be supplied free of charge

(i) with a copy of the minute or relevant extract from the register
referred to in section 35A of the Magistrates Ordinance (Cap.
227) in any relevant proceedings and in accordance with the
provisions of that section;

(ii) with a transcript of the evidence in any proceedings to which the
application relates and, in the event of there being any other
relevant proceedings (being proceedings to which subparagraph
(i) does not relate), with a transcript of the relevant evidence in
such other proceedings and also, if such other proceedings are
criminal proceedings, of the judge's summing up in such other
proceedings; (Replaced 54 of 1984s.7)

(b)require the applicant to furnish such information and such documents
as the Director may require for the purpose of considering the
application;

(c) require the applicant to attend personally before the Director;

(d)if the application does not relate to an appeal to, or an application for
leave to appeal to, the Privy Council, refer the application, or any
matter arising out of the application, to counsel or solicitor, whose
name is on the appropriate panel, to investigate the facts and make a
report thereon or to give any opinion thereon or on any question of
law arising out of the application; (Amended 14 of 1982 s. 4)

(da) if the application relates to an appeal to, or an application for leave to
appeal to, the Privy Council, refer the application for legal aid, or any
matter arising out of the application, to any counsel or solicitor to
investigate the facts and make a report thereon and to give an
opinion thereon or on any question of law arising out of the
application for legal aid; (Added 14 of 1982 s.4)





(e) take or cause to be taken such steps as may be necessary to
conserve the interests of the applicant or of any person on whose
behalf the applicant is acting pending determination of his
application; (Amended 54 of 1984 s. 7)
defray expenses incidental to any of the foregoing matters out of
any funds in his control which are available for the purpose.

10. Grant of legal aid certificates

(1) Subject to subsections (2) and (3), the Director may grant to a person a
certificate that that person is entitled under the provisions of this Ordinance to legal
aid in connection with any proceedings if the Director is satisfied that

(a)legal aid is sought in connection with proceedings for which legal aid
may be granted under section 5 or, as the case may be, section 5A;

(b)in the case of legal aid to which section 5 applies the disposable
income of that person does not exceed the amount specified in
respect of disposable income in that section;

(c)in the case of legal aid to which section SA applies the income of that
person does not exceed the amount specified in respect of income in
that section; and

(d)that person does not have disposable capital of more than such
amount as may be specified in respect of disposable capital in section
5 or, as the case may be, section 5A. (Replaced 54 of 1984s.8)

(2) The Director may refuse to grant a legal aid certificate, although satisfied of
the matters specified in subsection (1) if, in his opinion, the applicant has disposed
of any capital or income for the purpose of satisfying the conditions specified in
those paragraphs. (Added 52 of 1970 s. 2. Amended 54 of 1984 s. 8)

(3) A person shall not be granted a legal aid certificate in connection with any
proceedings unless he shows that he has reasonable grounds for taking, defending,
opposing or continuing such proceedings or being a party thereto, and may also be
refused legal aid where it appears to the Director that

(a)only a trivial advantage would be gained by the applicant from such
proceedings;

(b)on account of the simple nature of the proceedings a solicitor would
not ordinarily be employed; or

(c)it is unreasonable that the applicant should be granted legal aid in the
particular circumstances of the case. (Added54 of 1984 s.8)





11. Revocation and discharge of certificates

The Director may, in such circumstances and manner as may be prescribed,
revoke or discharge any legal aid certificate.

12. Application for aid by more than one party

(1) If, in relation to any proceedings to which a person who has made an
application for legal aid or an aided person is a party, any other party makes
application for legal aid, the provisions of this Ordinance shall apply to both such
parties:

Provided that the Director shall not himself act for either such party but shall
assign counsel or solicitor

(a)in proceedings before the Privy Council, selected by the Director; or

(b)in other proceedings, selected by the aided person, if he so desires,
or otherwise by the Director from the panel,

to act for each aided person unless the Director is already acting in any proceedings
to which an aided person is a party when such other party makes application for
legal aid, in which case the Director may, if in his opinion no conflict of interest or
prejudice to any aided person arises, continue so to act. (Amended 14 of 1982 s. 6,-
54 of 1984 s. 9)

(2) Where the Director continues to act for an aided person in accordance with
the proviso to subsection (1) he shall assign from the panel a solicitor and,
additionally or alternatively, counsel to act for the other aided person. (Added 54 of
1984 s. 9)

13. Endorsement of legal aid certificate

(1) Where a legal aid certificate is granted, the Director may act for the aided
person in any proceedings, or part of any proceedings, in Hong Kong and

(a)in proceedings before the Privy Council, the Director may assign any
counsel and solicitor; or

(b)in other proceedings, the Director may assign counsel or solicitor, to
be selected by the aided person, if he so desires, or otherwise
selected by the Director, (Amended 54 of 1984 s. 10)

and the Director shall endorse on the legal aid certificate the name of any counsel or
solicitor assigned. (Replaced 14 of 1982 s. 7)

(2) The Director may, if he is of the opinion that any proceedings are, or may
become, of exceptional difficulty or importance, state in the certificate that the aided
person should be represented by 2 counsel, one of whom may be leading counsel, in
such proceedings.





(3) Counsel or a solicitor selected under subsection (1)(b), whether by the
aided person or by the Director, shall be selected from the panel and no leading
counsel may be selected by an aided person, except where subsection (2) applies,
unless the Director consents thereto. (Added54 of 1984 s. 10)

14. Filing of legal aid certificate

(1) The Director shall file the legal aid certificate in the registry of the court

(a)in which proceedings for which legal aid has been granted have been
commenced, as soon as practicable after the issue of the certificate;
and

(b)in any other case, upon the commencement of such proceedings in
that court,

and no court fee shall be charged upon the filing of such certificate. (Replaced 54 of
1984 s. 11)

(2) Where counsel or solicitor is assigned to act after a legal aid certificate is
filed in court, or in any case where a new assignment is made in lieu of counsel or
solicitor assigned previously, the Director shall not be required to endorse on the
certificate the name of the counsel or solicitor so assigned, or newly assigned, as the
case may be, but may, instead, give notice of such assignment or new assignment in
writing to the proper officer of the court in which proceedings are pending.
(Amended 54 of 1984 s. 11)

(3)-(4) (Repealed 54 of 1984 s. 11)

15. Stay of proceedings upon making

of application for legal aid

(1) This section shall not apply to proceedings relating to an appeal to, or an
application for leave to appeal to, the Privy Council.

(2) Where an action has been commenced or where an appeal has been lodged
in respect of any proceedings and any party, or any person who wishes to be jonied
as a party, makes an application for legal aid, the Director shall, as soon as
practicable after the application is made, notify the other party or each of the other
parties, and file in the court in which the action is commenced or in the court in
which the appeal is lodged, as the case may be, a memorandum of such notification.

(3) Where any party to an action, or any person who wishes to be joined as a
party, makes an application for legal aid to prosecute an appeal or proceedings in the
nature of an appeal, the Director shall, as soon as practicable after the aplication is
made, notify the other party or each of the other parties, and file in the court against
whose judgment or order it is intended to appeal, a memorandum of such
notification.





appeal or in both the action and the appeal shall, by virtue of this section, be
stayed for such period, being not less than 14 days, as may be prescribed, and
during such period (unless otherwise ordered by any such court) time fixed by
or under any law or otherwise for the doing of any act or the taking of any step
in the proceedings shall not run.
(5) The filing of the memorandum shall not operate to prevent the
making of-
(a)an interlocutory order for an injunction or for the appointment
of a receiver or manager or receiver and manager; or
(b)an order to prevent the lapse of a caveat against dealings with
land; or
(c)any other order which, in the opinion of the court in which the
memorandum is filed, is necessary to prevent an irremediable
injustice.
(6) Unless otherwise ordered by the court in which the memorandum is
filed, the filing of the memorandum shall not operate to prevent the institution
or continuance of proceedings to obtain, enforce or otherwise carry into effect
any such order as is mentioned in subsection (5) or a decree to the like effect.
(7) The time during which proceedings are stayed by virtue of this section
may be reduced or extended by order of the court in which the memorandum is
filed.
(8) No fee shall be charged in respect of the filing of the memorandum
referred to in this section.
(9) For the purposes of this section, 'action' includes any cause or
matter.
(Replaced 40 of 1989 s. 3)

16. Appeals by aided persons

(1) This section shall not apply to proceedings relating to an appeal to, or
an application for leave to appeal to, the Privy Council.
(2) An aided person who prosecutes any appeal or proceedings in the
nature of an appeal (otherwise than an interlocutory appeal), without having
filed a legal aid certificate in the court appealed to shall be deemed for the
purposes of this Ordinance not to be an aided person.
(Replaced 40 of 1989 s. 4)

16A. Appeals to Privy Council
A person shall not take, defend, oppose, continue or be a party to an
appeal to, or an application for leave to appeal to, the Privy Council as an aided
person unless he has been granted a legal aid certificate for that purpose under
section 10 or 26A.
(Added 14 of 1982 s. 11)





PART IV

COSTS AND
CONTRIBUTIONS

16B. Benefits afforded to aided persons

Subject to the provisions of this Ordinance, where a person receives legal aid in
connection with any proceedings

(a)the expenses incurred in connection with the proceedings, so far as
they would ordinarily be paid in the first instance by or on behalf of
the solicitor assigned to act for him, shall be so paid, except in the
case of those paid directly by the Director, and the expenses paid by
the solicitor shall be refunded to him by the Director;

(b)his counsel and solicitor shall be paid by the Director in accordance
with section 20;

(c)except in Privy Council proceedings, he shall not be liable in respect of
proceedings to which the certificate relates for court fees or for fees
payable for the service of process or for any fees due to the bailiff in
connection with the execution of process, but for the purposes of any
order or agreement of costs made in his favour with respect to the
proceedings such costs shall be deemed to have been paid by him and
sections 19, 19A(I) and 19B(1)(b) shall apply accordingly;

(d)except in Privy Council proceedings, he shall be entitled to be
supplied free of charge with a transcript of the evidence in any
proceedings to which the certificate relates and, in the event of there
being any other relevant proceedings, with a transcript of the relevant
evidence in such other proceedings and also, if such other
proceedings are criminal proceedings, of the judge's summing up in
such other proceedings;

(e) he may be required to make a contribution to the Director;
his liability for costs shall be determined in accordance with
section 16C.

(Added54 of 1984 s. 14)

16C. Liability for costs

(1) Subject to section 18A, the liability of an aided person and of the Director
for costs shall be determined in the following manner- (Amended 40 of 1989 s. 5)

(a)an aided person shall not be liable for costs incurred by the Director
on his behalf





(i) in the case of costs incurred under the Supplementary Legal Aid
Scheme, except in accordance with section 32; and

(ii) in any other case, in excess of such aided person's contribution;

(b)where a court or the Privy Council makes an order for costs against
an aided person, or an agreement is entered into for the payment of
costs by an aided person, in favour of a person not receiving legal
aid

(i) in any case in which the party not receiving legal aid is a
defendant or respondent in the proceedings (other than a
defendant or respondent to a counterclaim or crosspetition), or
in the case of an appeal (including an appeal to, or an
application for leave to appeal to, the Privy Council) is a
respondent therein (other than a respondent to a cross-appeal)
such costs shall be paid by the Director;

(Replaced 40 of 1989 s. 5)

(ia) in any case in which the party not receiving legal aid is a
defendant to a counterclaim or respondent to a cross-petition, or
in the case of an appeal (including an appeal to, or an
application for leave to appeal to, the Privy Council) is a
respondent to a cross-appeal, the costs occasioned by the
counterclaim, cross-petition or crossappeal filed by or on behalf
of the aided person shall be paid by the Director; (Added40 of
1989 s. 5)

(ib) in any case in which the party not receiving legal aid is an
appellant in an appeal (including an appeal to, or an application
for leave to appeal to, the Privy Council) and in the court whose
judgment or order is appealed against the plaintiff was an aided
person, such costs shall be paid by the Director; and (Added40
of 1989 s. 5)

(ii) in any other case, neither the Director nor the aided person shall
be liable for such costs unless a contribution is payable by the
aided person under section 18(1)(b); in which case the Director
on behalf of the aided person shall pay such costs to the extent
that the contribution is in excess of the costs incurred by the
Director on behalf of the aided person; and

(c)where a court or the Privy Council makes an order for costs against
an aided person, or an agreement is entered into for the payment of
costs against an aided person, in favour of a person who is also
receiving legal aid, neither such person shall be liable for such costs
in excess of his contribution and the contribution of the party who is
liable for the payment of costs under such order or agreement shall
be charged first with the costs of both





parties and thereafter the contribution of the other party shall be
charged to the extent of his own costs in so far as such costs are not
recovered from the contribution of the party liable to pay costs.

(2) Subsection (1), in so far as it relates to the costs of an aided person, relates
only to costs arising in respect of proceedings to which, and during the period to
which, a legal aid certificate relates, and nothing in that subsection shall otherwise
affect the liability for costs of an aided person.

(3) Where subsection (1) limits the liability for costs of an aided person such
limitation shall extend

(a)where the aided person has been granted legal aid in a representative
or fiduciary capacity, to any other person on whose behalf the aided
person is acting and for the benefit of any fund held for such other
person; and

(b)where the aided person has been granted legal aid as the guardian of
an infant, to the infant.

(4) In this section 'proceedings in the Privy Council' means proceedings
relating to an appeal to, or an application for leave to appeal to, the Privy Council
other than proceedings for an application for such leave made in Hong Kong.

(Added54 of 1984 s. 14)

17. Court may order payment of costs

by aided person in certain event

(1) Where it appears to a court or judge that a legal aid certificate has been
obtained by fraud or misrepresentation, the court or judge may order the aided
person to pay the costs of the Director and of the counsel and solicitor who acted
for him or the costs of the other party, or the costs of the Director and such counsel
and solicitor and such party.

(2) In subsection (1) a reference to an 'aided person' shall include, in any case
where the legal aid certificate has been revoked or discharged before the making of
the order, the person who immediately before such revocation or discharge was the
aided person. (Amended27of 1967s.3)

(3) Where it appears to a court or judge that an aided person has acted
improperly in bringing or defending any legal proceedings or in the conduct of them,
the court or judge may order the aided person to pay the costs of the Director and of
the counsel or solicitor who acted for him or the costs of the other party, or the costs
of the Director and such counsel and solicitor and such party.

(4) Where an order is made under subsection (1) or (3), the costs shall be taxed
as if the party ordered to pay them were not an aided person.





(5) The costs so ordered to be paid shall, unless otherwise directed by the
order, include fees and charges of the nature referred to in section 16B(c) and (d).
(Amended 54 of 1984 s. 15)

18. Contributions by aided person

(1) An aided person shall pay to the Director a contribution-

(a)where legal aid has been granted to him under the Supplementary
Legal Aid Scheme, in accordance with section 32; and

(b)in any other case, if so required by the Director, towards the sums that
may be or become payable on his account by the Director. (Replaced
54 of 1984 s. 16)

(2) Any contribution payable by an aided person to the Director under this
Ordinance shall be a debt due to the Director and shall be paid in such manner as
may be prescribed.

(3) If the total contribution paid by an aided person is more than the net liability
of the Director on his account within the meaning of section 18A(2), the excess shall
be repaid to him: (Amended 54 of 1984 s. 16)

Provided that nothing in this subsection shall apply to a contribution payable
under section 32. (Added54 of 1984 s. 16)

(Replaced 60 of 1981 s. 2)

18A. Charge on property recovered

(1) Subject to this section-

(a) the amount of a contribution to the extent that it is unpaid; and

(b)except where legal aid has been granted under the Supplementary
Legal Aid Scheme, if the total contribution is less than the net liability
of the Director on account of the aided person, a sum equal to the
deficiency,

shall be a first charge for the benefit of the Director on any property (wherever
situated) which is recovered or preserved for the aided person in the proceedings.
(Replaced 54 of 1984 s. 17)

(2) The references in section 18 and in subsection (1) to the net liability of the
Director on any person's account in relation to any proceedings refer to the
aggregate amount of the following

(a)sums paid or payable by the Director on his account in respect of the
proceedings to any solicitor or counsel (or, where the Director acts
for a person, sums which would have been so payable if the Director
had not so acted) and not recouped by the Director from sums
recovered under an order or agreement for costs made in favour of
that person with respect to the proceedings;





(b)any amount paid or payable by the Director under section 16C on
behalf of that person; and (Amended 54 of 1984 s. 17)

(c)the amount of any expenses defrayed by the Director under section
9(1) in respect of the grant of legal aid to that person.

(3) The reference in subsection (1) to property recovered or preserved for an
aided person in any proceedings shall include

(a)his rights under any compromise arrived at to avoid or bring to an end
the proceedings and any sums recovered under an order or agreement
for costs made in his favour with respect to the proceedings; and

(b)where the legal aid certificate granted to him in respect of the
proceedings is revoked or discharged, any property subsequently
recovered or preserved by or for him in the proceedings or by virtue of
any compromise arrived at to avoid or bring to an end the
proceedings; and (Amended 54 of 1984 s. 17)

(c)any property recovered for the benefit of any person on whose behalf
the aided person is acting or for the benefit of any estate or fund out
of which that aided person is entitled to be indemnified. (Added54 of
1984 s. 17)

(4) The charge created by subsection (1) on any damages or costs shall not
prevent a court allowing them to be set off against other damages or costs in any
case where a solicitor's lien for costs would not prevent it.

(5) Subsection (1) shall not apply to

(a)any interim payment made in accordance with an order made, or in
accordance with an agreement having the same effect as such an
order; or

(b) periodical payments of money made under-

(i)the Matrimonial Proceedings and Property Ordinance (Cap. 192);
or

(ii) a maintenance agreement within the meaning of section 14(2) of
that Ordinance; or

(iii) the Separation and Maintenance Orders Ordinance (Cap. 16), in
respect of the maintenance of a spouse or former spouse (including
any amounts payable as arrears in respect of such payments) if such
payments are payable under that Ordinance or the maintenance
agreement at a rate not exceeding 52,500 (or its equivalent) per month
or, where any such payment is payable at a higher rate, to the first
$2,500 (or its equivalent) of the amount of each periodical payment or,
in the case of amounts payable as arrears in respect of such
periodical payment, of the amount attributable to each periodical
payment in arrear. (Replaced 40 of 1989 s. 6)

(Added 60 of 1981 s. 2)





18B. Security for costs

In any case in which an aided person is obliged to furnish security for costs,
the Director may provide such security out of funds in his control which are
available for that purpose: (Amended 54 of 1984 s. 18)

Provided that where legal aid has been granted to an aided person under the
Supplementary Legal Aid Scheme any such security shall be provided out of the
Fund. (Added54 of 1984 s. 18)

(Added 14 of 1982 s. 12)

19. Award of costs

(1) A court may make an order for costs in favour of or against an aided person
in the same manner and to the same extent as it may make an order for costs in
favour of or against any other person but such an order may only be enforced
against the aided person and the Director to the extent permitted by section 16C.
(Amended 54 of 1984 s. 19)

(1A)(a)Where a court or the Privy Council makes an order for costs in favour
of an aided person, there also shall be payable by the person against
whom the order for costs is made the court fees and other fees and
charges which, but for section 16B(c) and (d), would have been
payable by the aided person. (Amended 14 of 1982 s. 13; 54 of 1984 s. 19)

(b)Any court fees and other fees and charges which become payable to
an aided person under paragraph (a) shall be paid to the Director, who
alone shall be capable of giving a good discharge therefor.
(Added9of1968s.2)

(2) (Repealed 54 of 1984 s. 19)

(3) Any costs due under an order for costs made by the Privy Council, in an
amount determined by the Registrar of the Privy Council, may be included in a bill of
costs submitted on behalf of the party in whose favour such order was made, for
taxation in Hong Kong and such amount shall be allowed in full. (Added 14 of 1982 s.
13)

(Amended 27 of 1967 s. 4)

19A. All moneys due to aided person to he paid to Director

(1) All moneys which may become payable to an aided person

(a)by virtue of an order, including an order of the Privy Council, made in
connection with the proceedings to which his legal aid certificate
relates;

(b)by virtue of any agreement made in connection with the proceedings
to which his legal aid certificate relates, whether such agreement be
made before or after the proceedings are actually begun;





(c)being moneys paid into court or the Privy Council by him or on his
behalf in connection with the proceedings to which his legal aid
certificate relates and ordered to be repaid to him; or

(d)being moneys standing in court or in the Privy Council to the credit of
any proceedings to which his legal aid certificate relates,

shall be paid or repaid, as the case may be, to the Director unless the Director by
notice in writing to the person responsible for payment and to the aided person
directs otherwise. (Amended 14 of 1982 s. 14; 54 of 1984 s. 20)

(2) Subsection (1) shall not apply where any court, authority or person, in
exercise of a power under any law, gives any direction or exercises any discretion as
to the payment of any sum to an aided person, and in such case the court, authority
or person shall provide that the sum payable to the aided person shall be subject to
a first charge for the benefit of the Director for any sum due to be paid or repaid to
him under this Ordinance.

(3) The provisions of this section shall apply in relation to all sums which may
become payable to an aided person, notwithstanding any provision in

(a) the Employees' Compensation Ordinance (Cap. 282); or
(b) the Supreme Court Ordinance (Cap. 4); or

(c) any other law,
which

(i) restricts the payment of any sum to any person; or

(ii) prohibits the payment of any sum to any person.

(4) Only the Director shall be capable of giving a good discharge for moneys
which may become payable to the Director under this section.

(Added 27 of 1967 s. 5)

19B. Disposal by Director of moneys paid to him

(1) Upon receipt of all moneys paid to him pursuant to section 19 or 19A, the
Director shall- (Amended40of1989s.7)

(a) retain-

(i)any sum paid by virtue of an order or agreement for costs made
in the aided person's favour;

(ii) a sum equal to the amount, if any, by which any property
recovered or preserved is charged for the benefit of the Director
by virtue of section 18A(1); and (Amended 60 of 1981s.3)

(iii) any costs recovered in proceedings taken by the Director in his
own name under regulations made under this Ordinance:
Provided that where the Director is satisfied that it would cause
serious hardship to any person to retain any such sum under
this paragraph and that it is in all the circumstances just and
equitable to reduce the sum to be so retained, the amount to





be so retained shall be reduced by such amount not exceeding
$30,000 as the Director may determine; (Added 60 of 1981 s. 3.
Amended 40 of 1989 s. 7)

(b)pay to the Registrar of the Supreme Court any court fees and other
fees and charges paid to him pursuant to section 19(1A); and

(c)pay the balance to the aided person or, if the court so directs, to the
court or to some other person. (Added 9 of 1968 s. 3)

(2) Notwithstanding subsection (1), where the Director is satisfied that

(a)compliance with subsection (1)(a) would cause serious hardship to
any person; and

(b) a payment will be received by him under section 19 or 19A, the
Director may, upon receipt of any such payment, pay such proportion thereof as he
thinks fit to the aided person without complying with subsection(1)(a). (Added40 of
1989s. 7)

20. Costs of counsel and solicitors

There shall be paid by the Director to counsel and solicitor acting for an aided
person such fees and costs for so acting as may be prescribed.

21. Adaptation of rights to indemnity

(1) This section shall have effect for the purpose of adapting in relation to this
Ordinance any right (however and whenever created or arising) which a person may
have to be indemnified against expenses incurred by him.

(2) In determining for the purposes of any such right the reasonableness of any
expenses, the possibility of avoiding them or part of them by taking advantage of
this Ordinance shall be disregarded.

(3) Where a person having any such right to be indemnified against expenses
incurred in connection with any proceedings receives legal aid in connection with
those proceedings, then (without prejudice to the effect of the indemnity in relation
to his contributions, if any, to the Director) the right shall operate also for the benefit
of the Director as if the expenses incurred by the Director on behalf of the said
person in connection with the proceedings had been incurred by such person.

(4) Where

(a)a person's right to be indemnified against expenses incurred in
connection with any proceedings arises by virtue of an agreement
and is subject to any express condition conferring on those liable
thereunder any right with respect to the bringing or conduct of the
proceeding; and





(b)those liable have been given a reasonable opportunity of exercising
the right so conferred and have not availed themselves of that
opportunity,

the right to be indemnified shall be treated for the purposes of subsection (3) as not
being subject to that condition.

(5) Nothing in subsections (3) and (4) shall be taken as depriving any person or
body of persons of the protection of any law or, save as provided in subsection (4),
as conferring any larger right to recover money for the benefit of the Director in
respect of any expenses than the person receiving legal aid would have had if the
expenses had been incurred by him.

(6) Where under subsection (3) a person's right to be indemnified against
expenses incurred in connection with any proceedings operates for the benefit of the
Director, any sum recovered for the benefit of the Director shall be deducted from the
total of all sums payable by the Director in respect of such proceedings and the
balance remaining shall be the maximum recoverable from such person.

22. Prohibition against taking fees from aided person

(1) Subject to the provisions of section 18, no person who, pursuant to any
reference under this Ordinance, makes any investigation or report or gives any
opinion or certificate or who acts for an aided person, shall take or agree to take or
seek from an aided person any fee, profit or reward (pecuniary or otherwise) in
respect thereof. (Amended 54 of 1984 s.21)

(2) A person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine of $50,000 and to imprisonment for 6 months.
(Added54 of 1984 s.21)

PART V

MISCELLANEOUS

23. Proceedings for misrepresentations, etc.

(1) Any person seeking or receiving legal aid who-

(a)wilfully fails to comply with any regulations as to the information to
be supplied by him; or

(b)in furnishing any information required by such regulations
knowingly makes any false statement or false representation,
shall be guilty of an offence and liable on summary conviction to a fine of
$10,000 and to imprisonment for 6 months.

(2) Any proceedings for an offence under subsection (1) may, notwithstanding
any law prescribing the time within which such proceedings may





be brought, be brought within 2 years after the commission of the offence or within
1 year next after the first discovery thereof by the prosecutor, whichever is the
shorter.

(Amended 54 of 1984
s. 22)

24. Privileges attaching to certain relationships

(1) The like privileges and rights as those which arise from the relationship of
client, counsel and solicitor acting in their professional employment shall arise from
the following relationships, that is to say

(a)the relationship between an applicant for legal aid and the Director
and counsel and solicitor to whom the application is referred;

(b)the relationship between an aided person and the Director and
counsel and solicitor assigned to act for him in any proceedings to
which a legal aid certificate relates.

(2) Notwithstanding anything contained in subsection (1), the privileges therein
referred to shall not arise in relation to any information tendered to the Director
concerning the property or income of the applicant for a legal aid certificate.

(3) Save as provided by this Ordinance, the rights conferred by this Ordinance
on an aided person shall not affect the rights or liabilities of other parties to the
proceedings or the principles on which the discretion of any court or tribunal is
normally exercised.

25. Legal aid not to discontinue without leave

(1) An aided person shall not without the leave of the Director discharge any
counsel or solicitor assigned to act under this Ordinance for him.

(2) Subject to the provisions of subsection (3), counsel or solicitor assigned to
act for an aided person shall not discontinue his aid without the leave of the
Director.

(3) Nothing in this section shall prejudice the right of counsel or solicitor to
refuse, or to give up, a case on reasonable grounds.

26. Appeal from decision of Director

(IA) This section shall not apply to an order or decision of the Director made in
relation to an application for legal aid to appeal to, or to apply for leave to appeal to,
the Privy Council. (Added 14 of 1982 s. 15)

(1) An applicant for legal aid or an aided person who is aggrieved by any order
or decision of the Director made under any provision of this Ordinance may appeal
therefrom to the Registrar of the Supreme Court in chambers. (Amended 40 of
1989 s. 8)





(2) An appeal under this section shall be by notice in writing to attend
before the Registrar of the Supreme Court without a fresh summons, within 7
days of the order or decision complained of, or such further time as may be
allowed by the Registrar.
(3) Unless otherwise ordered by the Registrar, there shall be at least one
clear day between service of the notice of the appeal and the day of hearing.
(4) A decision of the Registrar on an appeal under this section shall be
final, save that the Registrar may refer any appeal, and shall refer an appeal
against any decision of the Director under section 4(3), for decision of a judge
of the Supreme Court in chambers, in which event the decision of the judge
shall be final.

26A. Appeal from decision of Director
in Privy Council matters

(1) An applicant for legal aid or an aided person who is aggrieved by any
order or decision of the Director made in relation to an application for legal aid
to appeal to, or to apply for leave to appeal to, the Privy Council may bring
the order or decision on review before a committee composed of-
(Amended 40 of 1989 s. 9)
(a) the Registrar of the Supreme Court, who shall be chairman;
(b)a barrister qualified to practise in Hong Kong who is eligible
to be appointed as a judge of the Supreme Court and who is
appointed by the Chairman of the Hong Kong Bar Association;
and
(c)a solicitor qualified to practise in Hong Kong who has practised
as a solicitor for not less than 10 years in the Commonwealth or
the Republic of Ireland and who is appointed by the President of
The Law Society of Hong Kong.
(2) The chairman may appoint a public officer to be secretary of the
committee.
(3) A review shall be initiated by notice in writing delivered to the
Director and the chairman within 28 days of the order or decision complained
of or within such longer period as the chairman may allow and the notice shall
be accompanied by a certificate by counsel practising in Hong Kong stating
that the person aggrieved has a reasonable prospect of success in the appeal and
the grounds for that opinion.
(4) The committee may-
(a)make such inquiries as it thinks fit as to the means and condition
of the applicant and as to the merits of his case;
(b)require the applicant to furnish such information and such
documents as the committee thinks fit;





(c)require the applicant to appear personally before the committee;
and
(d) receive evidence and, for that purpose, administer an oath.
(5) The applicant and the Director shall be entitled to appear personally
before the committee or by counsel or solicitor and may submit representations
in writing. (Amended 54 of 1984 s. 23)
(6) The committee may, if it is satisfied that the person aggrieved has a
reasonable prospect of success on appeal, and that it is reasonable in the
particular circumstances of the case that he should be granted legal aid, reverse
or vary the order or decision of the Director refusing or limiting legal aid in
respect of the appeal and may direct the Director to grant a legal aid certificate
to him under section 10; and if not so satisfied it shall affirm the order or
decision of the Director. (Replaced 54 of 1984 s. 23)
(7) A decision of the committee under subsection (6) shall be final.
(8) The chairman may, if he thinks fit, order that-
(a)such fee of counsel for the certificate mentioned in subsection (3);
and
(b)such fees and expenses of counsel or solicitor appearing before
the committee under subsection (5),
as determined by the chairman as being proper in the circumstances, shall be
paid by the Director out of funds under his control which are available for that
purpose.
(9) The expenses of the committee, including such reasonable fees of the
barrister and solicitor members as may be determined by the chairman, shall be
paid by the Director from moneys provided by the Legislative Council.
(Added 14 of 1982 s. 16)

27. Expenses of legal aid

The expenses of legal aid shall be met by the Director from moneys
provided by the Legislative Council: (Amended 54 of 1984 s. 24)
Provided that nothing in this section shall apply to expenses incurred under
the Supplementary Legal Aid Scheme except in so far as such expenses cannot
be paid out of the Fund. (Added54 of 1984 s. 24)

28. Regulations

(1) The Governor in Council may make regulations prescribing any
matter which by this Ordinance is to be or may be prescribed and generally for
the better carrying out of this Ordinance.
(2) Without prejudice to the generality of subsection (1), regulations
may-
(a)regulate all matters relating to fees, charges and costs in relation
to proceedings to which an aided person is a party;





(b)remit or provide for the remission of any fees or charges in any
such proceedings;
(c)make provision as to the information to be given by a person
seeking or receiving legal aid;
(d)make provision as to the proceedings which are or are not to be
treated as distinct proceedings for the purposes of legal aid and as
to the apportionment of sums recoverable or recovered by virtue
of any order for costs made generally with respect to proceedings
treated as distinct proceedings;
(e)make provision as to the cases in which a person may be refused
legal aid by reason of his conduct when seeking or receiving legal
aid (whether in the same or in a different matter);
make provision for the recovery of sums due in respect of legal
aid and for making effective the charge created by this Ordinance
on property recovered or preserved for an aided person,
including provision-
(i) for the enforcement of any order or agreement for costs
made in favour of a person who has received legal aid; and
(ii) for making counsel or solicitor's right to payment wholly or
partly dependent on his performance of any duties imposed on
him by regulations made for the purposes of this paragraph;
(g)make any provision necessary to meet the special circumstances
where-
(i) a person seeks legal aid in a matter of special urgency;
(ii) a person begins to receive legal aid after having consulted
counsel or solicitor in the ordinary way with respect to the
same matter, or ceases to receive legal aid before the matter
in question is finally settled; and
(iii) there is any relevant change of circumstances while a person
is receiving legal aid;
(h)make provision as to the manner in which the rate of a person's
disposable income and the amount of his disposable capital are to
be computed for the purposes of this Ordinance including,
without derogation from the generality of the foregoing,
provision-
(i) prescribing deductions in respect of the maintenance of
dependants, interest on loans, rates, rent and other matters
for which the person in question must or reasonably may
provide and such further allowances as may be prescribed to
take into account the nature of his resources;
(ii) determining whether any resources are to be treated as
income or capital and for taking into account fluctuations of
income;





(iii) treating the resources of a person's wife or husband as that
person's resources except in so far as the regulations provide
otherwise, and making provision, in relation to minors and other
special cases, for taking into account the resources of other
persons; (Replaced 54 of 1984 s. 25)

(i)in the case of a person seeking or receiving legal aid under the
Supplementary Legal Aid Scheme, provision as to the manner in
which that person's income is to be determined including, without
derogation from the generality of the foregoing, provision of the
nature specified in paragraph (h)(i), (ii) and (iii); (Replaced 54 of 1984
s. 25)

determine the contribution towards costs and expenses to be made
by an aided person;

(k)ensure that the resources of a person seeking or receiving legal aid
shall not be treated as including the subject matter of the dispute;

(1) (Repealed 54 of 1984 s. 25)

(m) (Repealed 54 of 1984 s. 25)

(n)prescribe the extent and limit of the liability for costs of an aided
person against whom an order for costs is made;

(o)prescribe the scale of fees which shall be paid to a solicitor or
counsel submitting a report or opinion under section 9 or a certificate
under section 16;

(p)prescribe the scale of fees and costs which shall be paid to a solicitor
or counsel acting for an aided person;

(q)provide for the cases in which and the extent to which an aided
person may be required to give security for costs and the manner in
which it may be given;

(r)provide, either generally or specially, for the fees and costs of any
officer holding office under section 3 in respect of any civil matter
(whether contentious or non-contentious) in which he has occasion
to act; (Added 58 of 1972s.3)

(s)modify any provision of this Ordinance so far as it appears to be
necessary to meet the circumstances where a person seeking or
receiving legal aid

(i) is not resident in Hong Kong;
(ii) is concerned in a representative, fiduciary or other capacity;

(iii) is concemed jointly with or has the same interest as other
persons whether receiving legal aid or not; or

(iv) has available to him rights and facilities making it unnecessary
for him to take advantage of this Ordinance or has a reasonable
expectation of receiving financial or other help from a body of
which he is a member;





(t) (Repealed 54 of 1984 s. 25)

(u)prescribe any forms to be used under this Ordinance; (Amended 54 of
1984 s. 25)

(v)provide for the administration of the Supplementary Legal Aid
Scheme, including fees chargeable for applicants for legal aid under
the Scheme, and of the affairs of the Fund; (Added54 of 1984s.25)

(w)provide for the manner of calculating the contribution under section
32 and, without derogation from the generality of the foregoing, the
manner in which it is to be calculated in the event of a settlement or
where the legal aid certificate is discharged or revoked. (Added54 of
1984 s. 25)

(3) The regulations may apply generally to all legal matters, whether relating to
proceedings in court or otherwise, or may apply to any specified class of matters or
proceedings or to all matters or proceedings other than matters or proceedings of a
specified class and may make different provision for matters falling within the
Supplementary Legal Aid Scheme and for matters which do not. (Amended 54 of
1984 s. 25)

PART VI

PROVISIONS RELATING TO THE
SUPPLEMENTARY
LEGAL AID SCHEME

29. Establishment of Supplementary Legal Aid Fund

(1) There shall be established a fund, to be administered by the Director, to be
termed the Supplementary Legal Aid Fund. (2) The Fund shall consist of

(a)the proceeds of any loan made to the Director for the purposes of the
Fund under section 30;

(b) contributions payable under section 32;

(c)the proceeds of and interest on any investments of the moneys of the
Fund;

(d)moneys paid or repaid to the Director under section 19 or 19A or
retained under section 19B where the aided person is aided under the
Supplementary Legal Aid Scheme; and

(e) such other moneys as may be prescribed. (3)
The Fund shall be charged with

(a)the expenses of the Supplementary Legal Aid Scheme including
payments to counsel and a solicitor and any costs payable by the
Director under section 16C where the aided person receives legal aid
under the Scheme;





(b)any security provided under section 18B and to be provided out
of the Fund;
(c)the payment of interest and the repayment of moneys borrowed
under section 30 as well as all charges and expenses payable in
connection with such a borrowing;
(d)the payment of fees charged to the Fund under subsection (5);
and
(e) such expenses as may be prescribed.
(4) The moneys of the Fund may be invested by the Director in such
manner as the Financial Secretary may approve.
(5) The Financial Secretary may direct that an annual administration fee
to be determined by him and payable in respect of the services afforded by
public servants under the Scheme shall be charged to the Fund and paid into
general revenue.

30. Borrowing powers of the Director

(1) The Director may borrow temporarily, by way of overdraft or
otherwise, such sums as may be required for meeting or being expenses properly
chargeable to the Fund.
(2) The Director may with the prior approval of the Financial Secretary
borrow (otherwise than by way of temporary loan) such moneys as may be
required for the proper operation of the Fund.
(3) A person lending money to the Director shall not be concemed to
inquire whether the borrowing of the money is legal or regular or whether the
money raised has been properly applied and shall not be prejudiced by any
illegality or irregularity or by misapplication or non-application of the money.

31. Accounts

(1) The Director shall keep proper accounts and proper records in
relation thereto of the affairs of the Fund.
(2) The Director of Audit shall have power to audit the accounts of the
Fund.

32. Contributions for benefit of the Fund

(1) Where legal aid is granted to any person under the Supplementary
Legal Aid Scheme no contribution shall be payable by the aided person unless
such person is successful, either in whole or in part, in the proceedings brought
by him with the assistance of such legal aid and, if he is successful a
contribution shall be payable by him to the Director for the benefit of the Fund
in an amount equivalent to-





(a) the sums paid or payable on his account out of the Fund;

(b) the costs incurred on his behalf; and

(c)such percentage as may be prescribed of the value of any property
(wherever situate) recovered or preserved for the aided person in
such proceedings whether on his own behalf or on behalf of another,

and there shall be deducted from the amount of the contribution any sums recovered
under an order or agreement for costs and such other sums as may be prescribed.

(2) No contribution payable under this section shall exceed the value of the
property recovered or preserved for the aided person in the proceedings.

(3) The Director may by notice in writing to the aided person waive, either in
whole or in part, his rights to a contribution under this section where he is satisfied
that it would cause serious hardship to any person to rely on such rights and it is in
all the circumstances just and equitable to do so.

(4) Nothing in subsection (1) or (2) shall prevent the recovery from a formerly
aided person, in such manner and amount as may be prescribed, of the costs and
expenses of legal aid under the Supplementary Legal Aid Scheme incurred prior to
the revocation or discharge of his legal aid certificate upon such revocation or
discharge whether or not such person continues the proceedings and whether or not
the proceedings are successful.

(5) For the purposes of this section proceedings shall be deemed to be
successful where property is recovered or preserved for the aided person either
under a court order or under a compromise arrived at to avoid or bring to an end the
proceedings.

(6) References in this section to the property recovered or preserved for the
aided person in the proceedings shall be construed in accordance with section
18A(3).

33. Appeals and powers of the Director

(1) Where a person who has been granted legal aid under the Supplementary
Legal Aid Scheme

(a)fails, whether in whole or in part, in proceedings brought by him with
the assistance of such legal aid, the Director may appeal against any
judgment or order of the court in which the proceedings were
brought;

(b)succeeds, whether in whole or in part, in such proceedings and fails
to defend any appeal brought by any other person, the Director may
himself oppose such appeal.

(2) Where the Director exercises his powers under subsection (1) he shall have
all the rights and privileges which the aided person would have had had he brought
or opposed the appeal, including the right to settle the proceedings by means of a
compromise arrived at with another party to the proceedings.





(3) Where the Director appeals or opposes an appeal under this section all
expenses payable in connection with such appeal, including any amount payable
under an order as to costs, shall be paid by the Director out of the Fund; but if the
Director succeeds on the appeal in whole or in part section 32 shall apply as if the
aided person had himself appealed or defended the appeal.

(Part VI added 54 of 1984 s. 26)

SCHEDULE 1 [s. 2(1)]

LEGAL AID OFFICERS-
DESIGNATIONS

1. Assistant Principal Legal Aid Counsel.
2. Senior Legal Aid Counsel.

3. Legal Aid Counsel.
(Added 24 of 1983 s.
5)

SCHEDULE 2 Is. 51
(Amended 24 of 1983 s. 6)

PROCEEDINGS FOR ~CH LEGAL AID MAY BE GIVEN UNDER
SECTION 5

PART I

Description of proceedings
1. Civil proceedings in any of the following courts(a) Court of Appeal; (b) High Court; (e)
District Court.

2. Civil proceedings before any person to whom a case is referred in whole or in part by any of
the said courts.

3. Appeals to, and applications for leave to appeal to, the Privy Council in civil proceedings.

(Added 14 of 1982 s.
17)

4. Proceedings in the Lands Tribunal under Part II of the Landlord and Tenant (Consolidation)
Ordinance(Cap. 7). (Added L.N. 296 of 1982)

PART II

Excepted proceedings
1. Proceedings wholly or partly in respect of(a) defamation; (b)-(c) (Repealed 40 of 1986 s.6)

2. Relator actions.





3. Proceedings for the recovery of a penalty where the proceedings may be taken by any person
and the whole or part of the penalty is payable to the person taking the proceedings.

4. Election petitions under the Electoral Provisions Ordinance(Cap. 367). (Amended 4of1982 ss.
3 & 5)

5. In the District Court, in the case of a defendant, proceedings where the only question to be
brought before the court is as to the time and mode of payment by him of debt (including
liquidated damages) and costs.

6. In the District Court, proceedings for damages for assault and battery.

7. In the District Court, proceedings where the only question to he brought before the court is as
to the payment of a debt not exceeding $500.

8. Proceedings incidental to any proceedings mentioned in this Part of this Schedule.

9. In the Small Claims Tribunal, proceedings under the Small Claims Tribunal Ordinance (Cap.
338). (Added 79 of 1975 s. 40)

SCHEDULE 3 [s. 5A]

PROCEEDINGS FOR WHICH LEGAL AID MAY BE GIVEN UNDER
SECTION 5A

PART I

Description of proceedings

1. In the High Court or Court of Appeal, civil proceedings brought by the aided person for
damages in a claim arising from personal injuries to, or the death of, any person and proceedings
incidental to such proceedings including the defence of any counterclaim. (Amended 40 of 1989
S.10)

2. In the District Court, civil proceedings brought by the aided person for damages in a claim
arising from personal injuries to, or the death of, any person where the claim exceeds $60,000 or
where, in the opinion of the Director, the claim is likely to exceed $60,000 and proceedings
incidental to such proceedings including the defence to any counterclaim. (Added40 of 1989 s.
10)

PART II

Excepted proceedings

Claims for damages for personal injuries or death sustained or alleged to be sustained as a
result of the negligence of, or the breach of statutory duty by,

(a) a medical or dental practitioner; or

(b)any other person who carries on a profession which, in the opinion of the Director,
is
a profession allied to medicine,
acting in his capacity as a practitioner of medicine, dentistry or profession allied to medicine.

(Schedule 3 added 54 of 1984 s.
27)

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