LEGAL AID REGULATIONS

LEGAL AID REGULATIONS

LEGAL AID REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1......................................Citation A 2
2......................................Interpretation A 2
3......................................Application for certificate A 2
4......................................Applications on behalf of infants A 2
5......................................Issue of certificate A 3
6......................................Certificate not to refer to more than one cause of action etc . A 4
6A......................................Power to amend certificates A 4
6B......................................Power to amend on change of circumstances or contribution A 5
6C......................................Increase of contribution under certificate A 5
7......................................Emergency certificate A 5
7A......................................Period for which proceedings are stayed under section 15 A 6
8......................................Discharge and revocation of certificates A 6
9......................................Effect of discharge and revocation A 8
10......................................Legal aid after commencement of proceedings A 10
11......................................Repeated refusal of certificates A 11
12......................................Conduct of proceedings by solicitors A 11

12A. Deposit under r. 52 of Bankruptcy Rules and r. 22A of Companies Winding-

up Rules ............................A 13
13......................................Service of notices A 13
14......................................Property recovered for and costs awarded to aided person A 13
15......................................Miscellaneous provisions A 14
16......................................Procedure A 14
17......................................Obligations of counsel and a solicitor A 14
18......................................Fees and costs in contentious proceedings A 15
19......................................Fees and costs in non-contentious proceedings A 15
20......................................Costs, etc. to be paid into general revenue A 16
21......................................Duty to report abuse of legal aid A 16

Schedule...................................Forms ..................................................................................
...........................................A
16





LEGAL AID REGULATIONS
(Cap. 91, section 28)

[12 January 1967]

L.N. 89166 - L.N. 56167, L.N. 15168, L.N. 72170, L.N. 172172, L.N. 184174,60 of 1981, L.N. 89182,
L.N. 326184, L.N. 235188

Citation

1. These regulations may be cited as the Legal Aid Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires-

'certificate' means a certificate or emergency certificate issued in accordance
with these regulations, entitling a person to legal aid under the Ordinance;

'prescribed form' means the appropriate form prescribed in the Schedule.
(L.N. 326184)

Application for certificate

3. (1) Any person desiring legal aid in a civil action may apply for legal
aid in the prescribed form. (L.N. 326184)

(2) Every application for legal aid shall contain such information and
shall be accompanied by such documents as may be requisite to enable the
Director to determine-

(a)the nature of the proceedings in relation to which legal aid is sought
and the circumstances in which legal aid is required;

(b)the question whether it is reasonable that a certificate should be
granted; and

(c)the disposable income and disposable capital of the applicant, where
section 5 of the Ordinance applies, and the income and dispos-
able capital in the case of the Supplementary Legal Aid Scheme.
(L.N. 326184)

(3) An application made under the Supplementary Legal Aid Scheme
shall be accompanied by a fee of $600. (L.N. 326184; L.N. 235188)

Applications on behalf of infants

4. (1) An application for legal aid for an infant shall be made by a
person of full age and capacity on his behalf and shall be in the prescribed form,
and where the application relates to proceedings which are required by rule of
court to be brought or defended by the next friend or guardian ad litem, that





person shall be the next friend or guardian ad litem or, where proceedings have not
actually begun, the person intending to act as next friend or guardian ad litem. (L.N.
326184)

(2)-(3) [Repealed, L.N. 3261841

(4) Any certificate issued by virtue of this regulation shall be in the name of the
infant, stating the name of the person by whom he has applied.

(5) In any matter relating to the issue, amendment, revocation or discharge of a
certificate issued by virtue of this regulation, and in any other matter which may
arise as between an aided person and the Director, the person by whom the infant
has applied for a certificate shall be treated for all purposes (including the receipt of
notices) as the agent of the infant.

Issue of certificate

5. (1) A certificate may be issued in respect of the whole or a part of-

(a) proceedings in a court of first instance; or

(b) proceedings in an appellate court.

No certificate shall relate to proceedings (other than interlocutory appeals) both in a
court of first instance and in an appellate court.

(2) [Repealed, L.N. 326184] '

(3) In assessing the amount of contribution, if any, payable in respect of any
proceedings, the Director shall have regard to their probable cost and, save as is
hereinafter provided, shall not assess an amount in excess of any maximum amount
of contribution provided for by the Ordinance. Where the probable cost of the
proceedings exceeds the maximum amount of contribution, the Director shall save as
aforesaid assess that maximum as the amount of contribution payable in respect of
the proceedings.

(4) Where an application is approved relating to-

(a)proceedings (other than interlocutory proceedings) in an appellate court
in any action, cause or matter, in which the applicant was an aided person
in the court below; or

(b)proceedings by way of a new trial ordered by an appellate court before
whom the applicant was an aided person,

the Director shall not redetermine the applicant's income or disposable income and
disposable capital, but shall save as hereinafter provided assess the amount of
contribution, if any, payable in respect of the proceedings at an amount not greater
than the maximum contribution determined by the Director in relation to the
previous proceedings less any amount assessed by him in respect of those
proceedings:

Provided nothing in this paragraph shall prevent the Director from

exercising at any time his powers under regulation 6B.(L.N. 326184)





(5) In fixing the method by which any contribution shall be paid, the Director
shall have regard to all the circumstances, including the probable length of time
which any certificate issued as a result of the application will be in force, and may
order the contribution to be paid in instalments or the whole or a part of it to be paid
before a certificate is issued.

(6) After the Director has approved an application for a certificate he shall
notify the applicant

(a)of the maximum amount of his contribution as determined by him; and

(b) of the terms upon which a certificate will be issued to him.

(7) An applicant who wishes a certificate to be issued to him on the terms
notified by the Director shall within 14 days of being so notified, or within such
further period as the Director may allow, signify his acceptance of those terms in the
prescribed form and shall lodge it with the Director and, in the case of legal aid to be
granted under the Supplementary Legal Aid Scheme, also pay a fee of $400. (L.N.
326184)

(8) If those terms require a contribution to be paid, the applicant shall lodge
with the Director an undertaking to pay the contribution by the method stated in the
terms and, if the contribution or any part of it is required to be paid before the
certificate is issued, shall make that payment accordingly.

(9) When an applicant has complied with such of the provisions of paragraphs
(7) and (8) as are relevant to his case, the Director shall issue a certificate in the
prescribed form. (L.N. 326184)

(10) Nothing in paragraph (3), (4), (5) or (8) shall apply where legal aid is
granted under the Supplementary Legal Aid Scheme and where legal aid is so
granted the reference in paragraph (6)(a) to a contribution shall be construed as a
reference to a contribution as determined under section 32 of the Ordinance. (L.N.
326184)

Certificate not to refer to more than one cause of action etc.

6. A certificate shall not refer to more than one action, cause or matter except in
the case of

(a) matrimonial proceedings;

(b)an application for a grant of representation which is necessary to enable an
action, which is the subject matter of the certificate, to be brought; or

(e)where the Director exercises his powers under regulation 6A(b)(iv),
proceedings which may be taken to enforce or give effect to any order or
agreement made for the purposes of the proceedings to which the
certificate relates.

(L.N. 326184)

Power to amend certificates

6A. The Director may amend a certificate where in his opinion-

(a) there is some mistake in the certificate; or





(b) it has become desirable for the certificate to extend to-

(i) proceedings;

(ii) other steps;

(iii) subject to regulation 6, other proceedings;

(iv) proceedings which may be taken to enforce or give effect to any
order or agreement made in the proceedings in respect of which it was
issued; or

(v) the bringing of an interlocutory appeal; or

(c)it has become desirable for the certificate to extend to any steps having the
same effect as a cross-action or reply thereto, or a cross appeal; or

(d)it has become desirable to add or substitute parties to the proceedings in
respect of which the certificate was issued; or

(e)it has become desirable for the certificate not to extend to certain of the
proceedings in respect of which it was issued; or

(f) a change of solicitor or counsel should be authorized.

(L.N. 326184)

Power to amend on change of circumstances or contribution

6B. Without prejudice to regulation 6A or 8(3), the Director may amend a
certificate, other than a certificate granted under the Supplementary Legal Aid
Scheme, where the circumstances by reference to which the Director has determined
an aided person's disposable income or disposable capital have altered so that

(a)his disposable income has increased or decreased by an amount greater
than 5100 a month; or

(b) his disposable capital has increased by an amount greater than $1,000.

(L.N. 326184)

Increase of contribution under certificate

6C. Where legal aid has been granted under section 5 of the Ordinance and the
Director has assessed the amount of the contribution payable at a sum less than the
maximum contribution permissible under the Legal Aid (Assessment of Resources
and Contributions) Regulations (Cap. 91, sub. leg.), and it appears that the costs
incurred or likely to be incurred under the certificate are or are likely to exceed the
contribution so assessed, the Director shall increase the amount of the contribution
up to the amount or likely amount of those costs or to such maximum contribution,
whichever amount is the less.

(L.N. 326184)

Emergency certificate

7. (1) Any person who desires legal aid as a matter of urgency may apply in the
prescribed form for an emergency certificate:

Provided that no application for an emergency certificate may be made where
legal aid is sought under the Supplementary Legal Aid Scheme. (L.N. 326184)





(2) An application for an emergency certificate shall give such information as
may be requisite to enable the Director to determine whether

(a)the applicant is likely to fulfil the conditions under which legal aid may be
granted under the Ordinance; and

(b)it is in the interests of justice that the applicant should, as a matter of
urgency, be granted legal aid,

and shall furnish such additional information and documents (if any) as may be
sufficient to constitute an application for a legal aid certificate under the Ordinance:

Provided that, if it appears to the Director that the applicant cannot at the time
of the application reasonably furnish that information, or any part of it, the Director
shall nevertheless have power to issue an emergency certificate subject to such
conditions as to the furnishing of additional information as he thinks reasonable.

(3) An emergency certificate shall be in the prescribed form. (L.N. 326184)

(4) An emergency certificate shall have the same effect in all respects as a legal
aid certificate.

(5) An emergency certificate shall remain in force for a period of 6 weeks, or
such longer period not exceeding 3 months as the Director may allow, and unless
within that period a legal aid certificate is issued in respect of the proceedings to
which the emergency certificate relates it shall at the end of that period be deemed to
have been revoked:

Provided that if within that period he decides to refuse the application for a
legal aid certificate in respect of proceedings to which the emergency certificate
relates, the Director shall forthwith revoke the emergency certificate.

Period for which proceedings are stayed under section 15

7A. The period during which any proceedings are stayed by section 15 of the
Ordinance shall be 42 days.

(L.N. 326184)

Discharge and revocation of certificates

8. (1) A certificate may be either discharged or revoked by the Director in the
circumstances specified in this regulation.

(2) The Director may discharge a certificate-

(a) at any time at the request of the person to whom it is issued;

(b)where an aided person has been required to make a contribution and any
payment in respect thereof is more than 30 days in arrears;

(c)if he is satisfied that the proceedings to which the certificate relates have
been disposed of.,





(d)where he is satisfied that the aided person has required the proceedings
to be conducted unreasonably so as to incur an unjustifiable expense to
the Director or has required unreasonably that the proceedings be
continued:

Provided that a certificate shall not be discharged under this
subparagraph until the aided person has been given an opportunity to
show cause why the certificate should not be discharged;

(e) if he is satisfied-

(i) that the aided person has died; or

(ii) that the aided person has had a receiving order made against him;

(f)if he is satisfied that the aided person has failed to render to the counsel
or solicitor assigned to him any assistance necessary or desirable to
enable such counsel or solicitor to discharge in a proper or adequate
manner his duties as counsel or solicitor to such person. (L.N. 326184)

(3) The Director shall discharge a certificate if-

(a) as a result of a further determination he is satisfied that-

(i) where section 5 of the Ordinance applies the disposable income or
disposable capital of the aided person exceeds the limits specified in that
section; or

(ii) where the Supplementary Legal Aid Scheme applies the income or
disposable capital of the aided person exceeds the limits specified in
section 5A of the Ordinance; (L.N. 326184)

(b)he considers that the aided person no longer has reasonable grounds for
taking, defending or being a party to the proceedings or, as the case may
be, that it is unreasonable in the particular circumstances for him to
continue to receive legal aid: (L.N. 326184)

Provided that a certificate shall not be discharged under this paragraph until
the aided person has been given an opportunity to show cause why the certificate
should not be discharged.

(4) Where the Director is satisfied that an aided person has wilfully failed to
comply with any regulations as to information to be furnished by him, or, in
furnishing any such information has knowingly made a false statement or false
representation or failed to disclose any material fact concerning his income,
disposable income or disposable capital, he may if he thinks fit- (L.N.326/84)

(a)where such omission or act occurred prior to the issue of a certificate,
revoke the certificate; or

(b)where such omission or act occurred after the issue of the certificate,
discharge the certificate from the date upon which such omission or act
occurred.





(5) At any time during the hearing of any proceedings to which an aided
person is a party the court may, upon application by or on behalf of any other
party to the proceedings or by the Director, consider whether the aided
person-

(a)has wilfully failed to comply with any regulation as to the information
to be furnished by him; or

(b)in furnishing any such information has knowingly made a false
statement or false representation,
and on any such application the court may make an order revoking the
certificate or discharging it from such date as may be appropriate and the
court's decision shall be final:

Provided that no order shall be made under this paragraph until the aided
person has been given an opportunity to show cause why the certificate should
not be revoked, or, as the case may be, discharged.

(6) When the Director revokes or discharges an aided person's certificate
he shall forthwith issue a notice of discharge or revocation to the aided person.

(7) Where the certificate so revoked or discharged has been filed in the
registry of any court, the Director shall forthwith file a notification in the
prescribed form with the registry of such court. (L.N. 326184)

(8) When the court makes an order revoking or discharging an aided
person's certificate, the officer of the court shall forthwith inform the Director.

Effect of discharge and revocation

9. (1) Subject to the provisions of this regulation, a person whose
certificate is revoked shall be deemed never to have been an aided person in the
proceedings to which the certificate related, and a person whose certificate is
discharged shall, from the date of discharge, cease to be an aided person in
these proceedings. -
(2) Upon receipt by him of notice of revocation or discharge of a
certificate by the Director or upon revocation or discharge of a certificate by the
court, the retainer of any solicitor and counsel acting for the aided person in
proceedings to which the certificate relates shall forthwith determine.
(3) Upon determination of proceedings under this regulation-

(a)the costs of the proceedings to which the certificate related, incurred
by or on behalf of the person to whom it was issued, shall, as soon as
practicable thereafter. be taxed or, as the case may be, assessed in
accordance with the provisions of these regulations;

(b)the Director shall remain liable for the payment of any costs so taxed
or assessed.
(4) [Repealed, 60 of 1981, s. 41
(5) Where a certificate has been revoked or, where aid was granted under
the Supplementary Legal Aid Scheme, discharged-
(a)the Director shall have the right to recover from the person to
whom the certificate was issued the costs paid or payable under para-
graph (3)(b); and





(b)the Director or solicitor who has acted in the proceedings shall have the
right to recover from that person the difference between the amount paid
or payable by the Director and the full amount of the costs of the Director
and his solicitor and own client costs as taxed or agreed. (L.N. 326184)

(5A) The amounts recoverable by the Director under paragraph (5) shall be
reduced

(a)by any amount received by him by way of contribution if aid was not
granted under the Supplementary Legal Aid Scheme; or

(b)where it was so granted, by the amount of the fees paid under regulations
3(3) and 5(7). (L.N. 326184)

(6) Where a certificate has been discharged and the person to whom the
certificate was issued continues to take, defend or be a party to the proceedings to
which the certificate related- (L.N. 326184)

(a)the provisions of the Ordinance which relate to sums recovered by virtue
of an agreement relating to costs made in favour of an aided person shall
apply in so far as the costs were incurred while he was an aided person;
and

(b)the provisions of the Ordinance which relate to an aided person's liability
by virtue of an order for costs made against him shall apply in so far as the
costs were incurred while he was an aided person.

(7) Except in proceedings in relation to an appeal to, or an application for leave
to appeal to, the Privy Council, where a notification of the discharge or revocation in
the prescribed form is filed in the registry of the court, all proceedings in the
litigation shall, unless the court otherwise orders, be stayed for a period of 14 days
and during such period 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. (L.N. 89182; L.N.
326184)

(8) The time during which proceedings are stayed by virtue of paragraph (7)
may be reduced or extended by order of a judge of the court in which the litigation is
pending.

(9) Where a certificate, other than a certificate granted under the Supplementary
Legal Aid Scheme, has been discharged the person to whom the certificate was
issued shall remain liable for the payment of his maximum contribution, if any, as
determined by the Director up to the amount paid or payable by the Director under
paragraph (3)(b). (L.N. 326184)

(10) Where a certificate granted under the Supplementary Legal Aid Scheme is
revoked or discharged and the person to whom the certificate was issued continues
to take, defend or be a party to the proceedings to which the certificate related and is
successful in those proceedings in circumstances where, had the certificate not been
revoked or discharged, a contribution would have been payable under section 32 of
the Ordinance, he shall be liable to pay, in addition to any amount payable under
paragraph (5), a contribution equivalent in amount to the contribution which would
have been payable under section 32 of the Ordinance had the proceedings been
settled at the time of the revocation





or discharge and the value of the property subsequently recovered or preserved for
the person to whom the certificate was issued in the proceedings, or by virtue of
any compromise arrived at in order to bring the proceedings to an end, had been the
value of property recovered or preserved for that person in the settlement:

Provided that

(a)nothing in this paragraph shall apply if the certificate was discharged
under regulation 8(3)(b);

(b)if the certificate was discharged under regulation 8(2)(d) because the
aided person rejected an offer in settlement and value of the property as
subsequently recovered or preserved for him in such proceedings or by
virtue of any compromise arrived at in order to bring the proceedings to
an end is of an amount greater than the value of the offer, this paragraph
shall apply as though the value of such property were the value of the
offer. (L.N. 326184)

Legal aid after commencement of proceedings

10. (1) Where, after proceedings have been instituted in any court or the Privy
Council, any party becomes an aided person in regard to those proceedings, the
Director shall only be liable to pay so much of the costs of the proceedings as are
incurred while a certificate is in force: (L.N. 89182)

Provided that where legal aid has been granted under the Supplementary Legal
Aid Scheme this paragraph shall apply only to proceedings instituted in the High
Court or the Court of Appeal. (L.N. 326184)

(2) Any solicitor who has acted in the proceedings on behalf of the aided
person before the date of the certificate, and any solicitor who has by law a lien on
any documents necessary for the proceedings to which the certificate relates and
who has delivered them up subject to his lien, may give notice of the fact to the
Director.

(3) If damages or costs are recovered for the aided person in the proceedings,
the Director shall pay to such solicitor out of the sum so recovered the costs to
which he would have been entitled on a taxation between solicitor and own client:

Provided that in any case where legal aid was granted under section 5 of the
Ordinance and where the sums so recovered are insufficient to pay these costs in
full in accordance with this paragraph and also to meet the net liability of the
Director on the aided person's account the sum recovered in the proceedings shall
be divided between the Director and the solicitor in proportion to the amount owing
to each, and the first charge for the benefit of the Director imposed by virtue of the
Ordinance on property recovered or preserved in the proceedings shall take effect
accordingly. (L.N. 326184)

(4) In any case where there has been no order for taxation, the amount of the
costs shall be fixed by the Director.





Repeated refusal of certificates

11. (1) Where a person has applied for and been refused a certificate-

(a)on 2 or more occasions where the applications relate to substantially
the same cause or matter; or

(b) in any other case, on 4 or more occasions,

and it appears to the Director that his conduct has amounted to an abuse of the
facilities provided by the Ordinance, the Director may order that no considera-
tion shall be given to any future application by that person. (L.N. 326184;
L.N. 235188)

(2) No such direction shall-

(a) apply to any application by that person on behalf of an infant; or

(b) remain in force for a period longer than 3 years.

Conduct of proceedings by solicitors

12. (1) Every set of papers, whether delivered by the Director to a
solicitor or to counsel or by a solicitor to counsel, shall be marked 'Legal
Aid'. (L.N. 326184)

(2) Where it appears to the aided person's solicitor necessary for the
proper conduct of the proceedings to take or to apply to the court for leave to
take any one or more of the following steps, namely-

(a) to add any further party to the proceedings; or

(b) to bespeak any transcript of shorthand notes of any proceedings; or

(c) to lodge any interlocutory appeal; or

(d) to instruct more than one counsel; or

(e)to set up or set off any right or claim having the same effect as a
cross-action (other than a counter-claim or set-off arising out of the
same transaction and capable of being pleaded as a defence), or to
reply to any right or claim so set up or so set off by any other party; or

to file any counter-claim, cross-petition or cross-appeal, (L.N. 235188)

he shall (unless the certificate provides for the act in question to be done) apply
to the Director for authority so to do, and no payment shall be allowed on
taxation for any such step taken without the approval of the Director.

(3) The Director may give general authority to solicitors acting for aided
persons in any particular class of case to obtain experts' opinion and to tender
expert evidence, and if so he shall state the maximum fee to be paid for any
report or opinion or expert witness.

(4) Where it appears to an aided person's solicitor necessary for the
proper conduct of the proceedings either---

(a)to obtain a report or opinion of one or more experts or to tender
expert evidence in a case of a class not included in any general
authority under paragraph (3); or





(b)in a case of a class so included, to pay a higher fee than that stated by
the Director or to obtain more reports or opinions or to tender more
experts as witnesses than have been authorized,

he may apply to the Director for authority so to do and if the Director gives
authority he shall state the maximum number of reports or opinions that may
be obtained or the maximum number of persons who may be tendered to give
expert evidence and the maximum total fee to be paid therefor.

(5) Save as provided by this regulation, no payment shall be made for the
report or opinion of an expert or for expert's evidence tendered by or on behalf
of an aided person.

(6) Where it appears to the aided person's solicitor necessary for the
proper conduct of the proceedings for an act to be done, but that act is either
unusual in its nature or involves unusually large expenditure, he shall request
the Director's prior approval of the act, and, where such prior approval has
been obtained, no question as to the propriety of the act shall be raised on
taxation as between solicitor and client. (L.N. 326184)

(7) Without prejudice to the right of solicitor or counsel to give up a case
for good reason, any solicitor or counsel may give up an aided person's case if,
in his opinion, the aided person has required the proceedings to be conducted
unreasonably so as to incur an unjustifiable expense to the Director or has
required unreasonably that the proceedings be continued.

(8) Where any solicitor or counsel exercises the right to give up an aided
person's case-

(a) under the provisions of paragraph (7); or

(b)on the ground that the aided person has wilfully failed to provide the
information to be furnished by him or in furnishing such information
has knowingly made a false representation,

the solicitor or counsel shall make a report to the Director of the circumstances
in which that right was exercised.

(9) An aided person's solicitor shall give the Director such information
regarding the progress and disposal of proceedings to which the certificate
relates as the Director may from time to time require for the purpose of
performing his functions under the Ordinance and without prejudice to the
generality of the preceding words, a solicitor who has acted or is acting for an
aided person, on being satisfied that the aided person has died or has had a
receiving order made against him, shall report the facts to the Director.

(10) A solicitor shall not be precluded, by reason of any privilege arising
out of the relationship between solicitor and client from disclosing to the
Director any information or from giving any opinion which may enable the
Director to perform his functions under the Ordinance.





(11) The Director may at any time, while a certificate is in force, pay to the
aided person's solicitor such sums as the Director may approve for disburse-
ments to be made by the solicitor in respect of the proceedings to which the
certificate relates. Where such approval is obtained, no question shall be raised
on taxation as between solicitor and client as to the propriety of any disburse-
ments made in accordance with such approval. (L.N. 56167)

Deposit under r. 52 of Bankruptcy Rules and r. 22A of
Companies Winding-up Rules

12A. (1) Where a legal aid certificate is granted to bring proceedings in
bankruptcy or to wind up a company, the Director may deposit any sum re-
quired to be deposited under rule 52 of the Bankruptcy Rules (Cap. 6, sub. leg.)
or rule 22A of the Companies Winding-up Rules (Cap. 32, sub. leg.), as the
case may be, and a further such deposit may be made notwithstanding that
the proceedings to which the legal aid certificate relates have been determined.
(L.N. 184174)

(2) Nothing in this regulation shall apply where a legal aid certificate is
granted under the Supplementary Legal Aid Scheme. (L.N. 326184)

Service of notices

13. (1) Any notice or notification required to be served under any
provision of the Ordinance shall be served either personally or by post to the
last known address of the person required to be served. (L.N. 326184)

(2) Whenever an aided person becomes a party to proceedings, or a party
to proceedings becomes an aided person, the Director shall forthwith serve all
other parties with a notice in the prescribed form and the aided person's
solicitor shall if at any time thereafter any other person becomes a party to the
proceedings, forthwith serve similar notice upon such person. (L.N. 56167)

Property recovered for and costs awarded to aided person

14. (1) [Repealed, L.N. 56167]

(2) Where in any proceedings to which an aided person is a party-

(a)an order or agreement is made providing for the recovery or preserva-
tion of property for the benefit of the aided person and, by virtue of
the Ordinance, there is a first charge on the property for the benefit of
the Director; or

(b)an order or agreement is made for the payment of costs to the aided
person,

the aided person shall, subject to the provisions of paragraph (3), take such
proceedings, being proceedings which may be taken under section 5 of the
Ordinance, as may be necessary to enforce or give effect to such order or
agreement.





(3) Any aided person may apply to the Director for a direction that paragraph
(2) shall not apply to him on the ground that, having regard to the probable cost of
any proceedings referred to or to the likelihood of their being successful, it would
be unreasonable to take them and, if the Director agrees, he shall direct that the
proceedings be not taken and shall amend the aided person's certificate so as to
exclude such proceedings therefrom.

The power conferred on the Director by this paragraph may be exercised
without an application being made by an aided person.

(4) Where the Director, having directed that proceedings be not taken by the
aided person, is of the opinion that it is expedient so to do he may enforce any order
for the payment of money in his name.

Miscellaneous provisions

15. (1) Where in any proceedings to which an aided person is a party-

(a)judgment is signed in default of appearance or defence, the judgment
shall contain a direction that the costs of the aided person shall be taxed;

(b)the court gives judgment or makes a final order in the proceedings, the
judgment shall contain a direction (in addition to any other direction as to
taxation contained in the judgment or order) that the costs of any aided
person shall be so taxed.

(2) Where in any proceedings to which an aided person is a party-

(a)the proceedings are, or have been, brought to an end without a direction
having been given, whether under paragraph (1)(a) or (b) or otherwise, as
to the aided person's costs being taxed; or

(b)a judgment or order in favour of an opposite party, that included a
direction that the aided person's costs be taxed has not been drawn up or
as the case may be entered by him,

an order that the aided person's costs be taxed shall be made on ex parte application
to the Registrar by his solicitor or the Director and the costs of the application and
taxation shall be deemed to be costs in the proceedings to which the certificate
relates or related.

Procedure

16. Save as is otherwise provided by these regulations, in any proceedings in
any court to which an aided person is party the procedure shall be regulated by the
rules of procedure for that court.

Obligations of counsel and a solicitor

17. (1) Where the name of counsel or a solicitor is entered on the panel, the
presence of his name on the list shall carry with it the obligation of such counsel or
solicitor also to act for an aided person

(a) in any appeal from the court in which he has so acted; and





(b)in any proceedings before any person to whom the proceedings are
referred by the court in which he has so acted.

(2) For the removal of doubt, it is hereby declared that where any solicitor
is assigned for the purpose of any proceedings any other solicitor in the same
firm may act for the aided person therein.
(L.N. 326184)

Fees and costs in contentious proceedings

18. (1) In any proceedings before a court or tribunal with regard to any
matter involving any officer holding office under section 3 of the Ordinance, the
fees and costs of and incidental to the conduct of the proceedings (including all
matters preliminary to the proceedings) and the appearance of any such officer
shall be governed by Order 62 of the Rules of the Supreme Court (Cap. 4,
sub. leg.).

(2) For the purpose of the Rules of the Supreme Court, and in the
application of any other legislative provision as to fees and costs or the practice
relating to fees and costs, an officer holding office under section 3 of the
Ordinance is deemed to have the status of a barrister and solicitor duly admitted
under the Legal Practitioners Ordinance (Cap. 159), except that, in considera-
tion of an item which in a bill rendered by or against a party who is not an aided
person would-

(a)consist of costs allowable to a solicitor solely in relation to the
employment of counsel; or

(b)consist of fees payable to counsel solely in relation to his instruction by
a solicitor; or

(c)involve remuneration to both solicitor and counsel in respect of the
same event,

the Registrar, on taxation, shall be informed of that fact and shall take into
consideration whether one or more of the officers holding office under section 3
of the Ordinance were engaged on the preparation or hearing of the case.

(3) If in any proceedings referred to in paragraph (1) the Director of Legal
Aid appears before any court or tribunal in person, whether he has been
appointed one of Her Majesty's Counsel or not, that court or tribunal, or the
Registrar on taxation, may provide for such fees and costs as are consequent on
the appearance of leading counsel.
(L.N. 172172)

Fees and costs in non-contentious proceedings

19. For the purpose of any agreement for the payment of fees and costs in
non-contentious matters an officer holding office under section 3 of the
Ordinance is deemed to have the status of a barrister and solicitor duly admitted
under the Legal Practitioners Ordinance.
(L.N. 172172)





Costs, etc. to he paid into general revenue

20. Any costs or fees received by an officer under regulation 18 or 19 shall be
paid into the general revenue unless legal aid has been granted under the
Supplementary Legal Aid Scheme, in which case they shall be paid into the Fund.

(L.N. 172172; L.N. 326184)

Duty to report abuse of legal aid

21. (1) Where an aided person's solicitor or counsel has reason to believe that
the aided person

(a)has required his case to be conducted unreasonably so as to incur
unjustifiable expense or has required unreasonably that the case be
continued; or

(b)has wilfully failed to comply with any regulation requiring him to provide
information or in furnishing such information has knowingly made a false
statement or a false representation,

the solicitor or counsel shall forthwith report the fact to the Director.

(2) Where the solicitor or counsel is uncertain whether it would be reasonable
for him to continue acting for an aided person, he shall report the circumstances to
the Director.

(L.N. 326184)

SCHEDULE [reg. 2]

FORM 1

LEGAL AID
ORDINANCE

(Chapter 91)


APPLICATION FOR LEGAL AID


WARNING

It is an offence under the Legal Aid
Ordinance punishable by a fine and/or
imprisonment to make any false statement or
representation or to fail to disclose any
material fact relating to your financial
means.
Your application for Legal Aid may be
refused if you fail to co-operate with the
Department or the Social Welfare
Department in providing particulars of your
financial means.





I . .............of
.............................. hereby apply for Legal Aid and

solemnly and sincerely declare that-

1. My personal particulars are as follows-

Name: Mn/Madam/Miss .................................................................................

Alias: .................................................................................................................

Hong Kong Identity Card No.: Date of Birth:

Residential Address: .............................................................................................................
....

................ Tel. No.:
Correspondence Address: ....................................................................
................ Tel. No.:
Occupation: ...Name of Employer

(or last employer if now unemployed)



Address of Employer (or last employer):
...................................................................................



..........................Tel. No.:


II. I wish to apply for Legal Aid for the following purpose

(a) To .....in Action No . ...of 19


Hearing dateldate of judgment or order .............................................................................

(b) To
..................................................................................................................................
....

Name and Address of the Proposed Defendant(s) .....................................................................

...........................................





Other information
.....................................................................................................................


...........................................

...........................................

Previous Application No. (if any)
..............................................................................................

III. Particulars of my financial means Applicant Spouse
and those of my spouse (if applicable) $ $
are as follows-


Monthly salary/wages

Allowance & bonus

Net profit from business

Rental from subletting

Contribution from family members


Other sources of income (specify)

Jewellery


Shares & other investments






Money in bank(s)

Cash & other valuable assets

Monthly rental (dwelling house)


Rates (dwelling house)

IV. Particulars of property owned by me or by my spouse or jointly areas follows-

Mortgage MonthlyTotal Estimated

V. Particulars of all businesses or trade operated by me or by my spouse or jointly are as follows-

Name Applicant Spouse

$ 5

Address

Capital held

Stock in hand





Money in bank(s)

Machinery and Office Equipment

Money recoverable

VI. Particulars of my dependants are as follows



Name Age Occupation...... Relationship Degree of
Dependant

VII. I have not disposed of any assets during the last 12 months, except-

VIII.I have not been adjudicated bankrupt or made any arrangement with my creditors for
assignment of my estate, except

IX. I have read the Warning notice at the beginning of this form.

And I make this solemn declaration conscientiously believing the same to be true and by virtue
of the Oaths and Declarations Ordinance (Chapter 11).

... ........

Signature of Applicant





Declared at Hong Kong this .......day of 19


Before me,

... ....................
..................................

Commissioner for Oaths.

(Alternative declarations to be used if the applicant
does not understand the English language)

Declaration by interpreter

I, (a) .............................. (a) Name of
interpreter in

full.

do solemnly and sincerely declare that I well understand the English and (b) (b) Name
of other
....................... languages; that I have truly, language.

distinctly and audibly interpreted the contents of this document to the said (c) (c) Name of
....................................... applicant in
....................... and that I will truly and faithfully full.
interpret the declaration about to be administered to him.

...

Signature of Interpreter

Declared at Hong Kong this ...day of 19 .......

Before me,

..............................................
.......................

Commissioner for Oaths.


Declaration by applicant

(a) Name of (a)

applicant in

full.......................................................................................................... do solemnly
and

sincerely declare that the contents of my application for legal aid are true and that 1
make this solemn declaration conscientiously believing the same to be true and by
virtue of the provisions of the Oaths and Declarations Ordinance (Chapter 11).

..................

Signature of Applicant





Declared at Hong Kong this day of

19 .by the said (a)
............................................................................ (a) Name of
.......................................applicant in
.......................................full.
..... .................................through

the interpretation of (b) .............(b) Name of
.......................................interpreter in
.......................................full.
of (c) ................................(c) Address of

interpreter.

...................................

the said interpreter having been also first declared that he had truly, distinctly and
audibly interpreted the contents of this document to the declarant, and that he would
truly and faithfully interpret the declaration about to be administered to him.

Before me,

........................................
................ Commissioner for
Oaths.





FORM II



LEGAL AID ORDINANCE
(Chapter 91)

APPLICATION FOR LEGAL AID FOR AN INFANT


WARNING

It is an offence under the Legal Aid
Ordinance punishable by a fine and/or
imprisonment to make any false statement or
representation or to fail to disclose any
material fact relating to your financial
means.

Your application for Legal Aid may
be refused if you fail to co-operate with
the Department or the Social Welfare
Department in providing particulars of your
financial means.

I . .............of

..................... ........hereby apply for Legal Aid for

infant and solemnly and sincerely declare that --

I. My personal particulars are as follows-

Name: Mn/Madam/Miss .................................................................................

Alias: .................................................................................................................

Hong Kong Identity Card No.: Date of Birth:

Residential Address: ............................................................................................................


................ Tei. No.:

Correspondence Address:
..........................................................................................................


................ Tel. No.:
...............
Occupation: ...Name of Employer
(or last employer if now unemployed) .

Address of Employer (or last employer):
...................................................................................
................ Tel. No.:
...............





II. The personal particulars of the infant on whose behalf 1 apply are as follows-

Name: Mn/Madam/Miss .................................................................................


Alias: ...............................................
....................

Hong Kong Identity Card No.: Date of Birth:

Residential Address: ............................ ................................
........................... ...... Tel. No.:

Correspondence Address: ..
................................................................................



........................................................ .......................................
Tel. No.:



Occupation: ..........................Name of Employer
............................................
(or last employer if now unemployed)

Address of Employer (or last employer):
...................................................................................

............................ Tel. No.:

III. My relation to the infant is that of
..........................................................


..............................................

.....
...............................
.

................





IV. I wish to apply for Legal Aid for the following purpose

(a) To ..............in Action No . ................... of 19

Hearing date/date of judgment or order ...........................................................................

(b) To ....................

.................................

Name and Address of the Proposed Defendant(s)
.....................................................................

...........................................

...........................................

Other information
.....................................................................................................................



....................................
..................

...........................................

...........................................

...........................................

................. ....................................

.....................................

.................

Previous Application No. (if any)
..............................................................................................






V. Particulars of my financial
means and those of my spouse Infant's
(if applicable), the infant Applicant Applicant's Infant Spouse
and the infant's spouse (if $ Spouse $ $
applicable) are as follows-


Monthly salary/wages

Allowance & bonus

Net profit from business

Rental from subletting

Contribution from family members

Other sources of income (specify)

Jewellery

Shares & other investments

Money in bank(s)

Cash & other valuable assets

Monthly rental (dwelling
house)

Rates (dwelling house)





VI.Particulars of property owned by me or by my spouse or jointly and by the infant and the
infant's spouse are as follows

VII.Particulars of all businesses or trade operated by me or by my spouse or jointly and by the
infant and the infant's spouse are as follows





VIII. Particulars of my dependants and the infant's dependants (if any) are as follows-

Name Age Occupation Relationship Degree of
Dependant

IX. I have not disposed of any assets during the last 12 months, except-


X.I have not been adjudicated bankrupt or made any arrangement with my creditors for
assignment of my estate, except

Xl. I have read the Warning notice at the beginning of this form.

And I make this solemn declaration conscientiously believing the same to be true and by virtue
of the Oaths and Declarations Ordinance (Chapter 11).

..........

Signature of Applicants

Declared at Hong Kong this ....day of 19

Before me,

...................

Commissioner for Oaths.






(Alternative declarations to be used if the
applicant does not understand the English language)

Declaration by interpreter

(a) Name of
interpreter
in full I, (a) ..............................................................................do solemnly

(b) Name and sincerely declare that I well understand the English and (b)
of other
language ...................................................................................
languages; that I have truly,

(c) Name distinctly and audibly interpreted the contents of this document to the said (c)
of applicant
in full........................................................................ and that I will truly and
faithfully interpret the declaration about to be administered to him.

.................
Signature of Interpreter


Declared at Hong Kong this day of 19

Before me,

...................
Commissioner for Oaths.




Declaration by applicant

I, (a)
....................................................................................................................

.............. do solemnly
and

sincerely declare that the contents of my application for legal aid are true and that 1
make this solemn declaration conscientiously believing the same to be true and by
virtue of the provisions of the Oaths and Declarations Ordinance (Chapter 11).

............

Signature of Applicant

Declared at Hong Kong this day of

19 by the said (a)

..................................
through

the interpretation of (b)
..............................................................................................

of (c)
...........................................................................................................................

the said interpreter having been also first declared that he had truly, distinctly and
audibly interpreted the contents of this document to the declarant, and that he
would
truly and faithfully interpret the declaration about to be administered to him.

Before me,

Commissioner for Oaths.








FORM III

LEGAL AID ORDINANCE
(Chapter 91)

FORM OF OFFER AND ACCEPTANCE OF OFFER OF
A LEGAL AID CERTIFICATE



OFFER OF A LEGAL AID CERTIFICATE


The Director of Legal Aid offers you a....I.
Legal Aid Certificate which shall relate to
the following proceedings-
...................
.............................................................
...................

..................
................. ....................
................. ....................

2. The Director has determined that your
maximum contribution shall be $ ...........

3. The contribution which you must make
......................

towards your costs of the proceedings is

$ ...................... ...........

payable-
(by a first instalment of $ ......................

................. ) on acceptance of
this offer ..
.........................

(and thereafter by
................................

further (monthly) payments of

$ ......due on the day
of .....19 until the

contribution is paid).

4. If whilst your certificate is in force your
means change in either an increase or
decrease of your income or capital you
must immediately disclose such alteration
to the Director and this may lead to a
change in the amount of your maximum
contribution, the amount which you are
required to pay under Condition 3 above
or to the discharge of your Legal Aid
Certificate. It is a criminal offence to fail
to disclose such an alteration to the
Director.

5. If your costs of the proceedings to which

your Legal Aid Certificate relates are,
or are likely to be greater than the
contribution referred to in Condition
above, you may be required by the
Director to pay a further sum but you
will not have to pay in total more than
your maximum contribution as referred
to in Condition 2 above, unless you
recover damages or property.





6. If you recover damages or property or
preserve any property in the proceedings
in respect of which you have been granted
Legal Aid and the Director pays out a
sum in excess of the aggregate of the costs
recovered from your opponent and any
contribution paid by you then the
Director will charge such excess against
the damages or property recovered or
preserved on your behalf. (See
IMPORTANT NOTICE)

ACCEPTANCE OF OFFER OF LEGAL AID CERTIFICATE

I, (a) ..........................................................

of
...........................................................
understand that the Director of Legal
Aid is prepared to issue to me a Legal
Aid Certificate upon my acceptance of
the terms and conditions set out above.

2. I accept such terms and conditions and
signify my acceptance by dating and
signing this form. I also acknowledge
that I have retained one copy for my own
use.

*3 I enclose $ as required by
Condition 3 above.

Date .........................................

..................................
.......................................

..............

(a) Name and address of applicant.

Delete if inapplicable.

IMPORTANT NOTICE

THE FIRST CHARGE OF THE
DIRECTOR OF LEGAL AID

1. Please note Condition 6 of your Notice of
Offer of a Legal Aid Certificate. It forms
an important part of the conditions
under which legal aid is offered to you.

2.It authorizes the Director of Legal Aid to
deduct expenses incurred on your behalf
from any money or other property

recovered or preserved for you in your
legal action.

This deduction only applies if-
(a) You have recovered money or
property or your interest in money
or property has been preserved as a
result of action taken under the
scope of your Legal Aid Certificate;

AND





(b) The expenses incurred on your
behalf are more than your contri-
butions (if any) and the expenses
recovered from your opponent in the
legal action.

3. No deduction will be made in respect of

child maintenance but the first charge will
apply to spouse's maintenance exceeding
$2,500 per month.

FORM IV

LEGAL AID
ORDINANCE
(Chapter 91)


LEGAL AID CERTIFICATE

Upon considering the application made

by
......................................................................

of ..................................................................

.............. to be granted

legal aid under the Legal Aid Ordinance, I

CERTIFY that the said ..........................................

..............

is entitled to legal aid under the Ordinance.

Legal Aid has been granted for the

purpose of
......................................................................

....................

and I have assigned .......................................................

to act as Solicitor for the aided person.

I have determined that the maximum

contribution payable by the aided person is .......................................................

$...... and the contribution which he has

to make towards his costs of the proceedings,
to which this Legal Aid Certificate relates, is ....................................
$..........

Dated this .........day of ............... . 19

............ ....................

Director of Legal Aid





FORM V

LEGAL AID ORDINANCE
(Chapter 91)

APPLICATION FOR EMERGENCY CERTIFICATE

of ....................................
...................................................................................

hereby apply for an Emergency Legal Aid Certificate.

2. 1 have completed a Form of Application for Legal Aid and the reasons for an Emergency
Certificate are as follows

3. 1 agree that-

(a)If a Legal Aid Certificate is issued subsequent to an Emergency Certificate, 1 may have
to pay to the Director, by such method as he may fix, such sums (not being larger than
any maximum contribution determined by the Ordinance) as the Director may assess.

(b) If the Emergency Certificate is revoked or deemed to have been revoked, 1 will pay-

(i)to the Director, such sum as has been paid or shall be payable by him to the
Solicitor and/or Counsel representing me in the proceedings to which the
Emergency Certificate is related; and

(ii) to the Director such further sum (if any) as may be payable by him in respect of
the certificate.

4. 1 understand that unless a Legal Aid Certificate is issued whilst the Emergency Certificate is in
force the Emergency Certificate will be revoked and 1 will be liable for all the costs incurred on
my behalf.

5. 1 further understand that 1 may be required by the Director to supply additional information
in connection with my application for Legal Aid.

Dated this ......day of ...................

...................

Applicant

1988




VI


LEGAL AID ORDINANCE
(Chapter 91)


EMERGENCY CERTIFICATE


Upon considering the application made

by .............................. ........

of ......................................

............. to be granted
legal

aid under the Legal Aid Ordinance, I
CERTIFY that the said


is entitled to legal aid under the said
Ordinance.

Legal Aid has been granted for the .........................

purpose of .................................................. ................

..... ............................................ .........................

I FURTHER CERTIFY that this
Certificate, being an Emergency Certificate,
remains in force for a period of 6 weeks or
such other period not exceeding 3 months
from the date hereof as I may allow, unless
it is previously revoked or is replaced by a
Legal Aid Certificate.

I have assigned ..........................................................

............ .....as Solicitors for the
aided person.

Dated this .........day of ..........
19




Director of Legal Aid




FORM VII


LEGAL AID ORDINANCE
(Chapter 91)



NOTICE OF DISCHARGE OR REVOCATION


No .........................................

In the .......Court ....................................................... ..
...

Between .... Petitioner/
Appellant

and

............. Defendant/....................
Respondent

TAKE NOTICE that the *Emergency/...................

Legal Aid Certificate dated the ..............

.................. ....................

day of .............................................................

19 .....................issued to the ............

...................... has on
the ..day of
...... . 19 .....been

*discharged/ revoked.

Dated this ...............day of .........



..............

Director of Legal Aid

* Delete if inapplicable.






FORM VIII


LEGAL AND ORDINANCE
(Chapter 91)

NOTICE OF ISSUE OF LEGAL AID CERTIFICATE

No.

In the ...... Court.....................................................

Between .....-- Plaintiff/.......
Petitioner/
and Appellant

.... ........................ Defendant/
Respondent

TAKE NOTICE that *an Emergency/a
Legal Aid Certificate dated the ..........

day of .................... - 19

has been issued to ..........................................

in connection with the above proceedings. .................
..................................

FURTHER TAKE NOTICE that, in

consequence thereof the ............

......
........................... -- in these
proceedings is, and has been, from that date......................................................................
an aided person and that the solicitor assigned
to act for the aided person is

....................
................... ................

Dated this .......day of ........

19 .........

......................
Director of Legal Aid
* Delete if inapplicable.





FORM IX

LEGAL AID
ORDINANCE

(Chapter 91)

FORM OF OFFER AND ACCEPTANCE OF OFFER OF
LEGAL AID CERTIFICATE

UNDER THE SUPPLEMENTARY LEGAL AID SCHEME

OFFER OF A LEGAL AID CERTIFICATE

1. The Director of Legal Aid offers you a Legal Aid Certificate which shall relate to the
following proceedings

2. If whilst your certificate is in force your income or capital increases you must immediately
disclose such increase to the Director.

3. You have paid $600 on account of the registration fee on making your application. The
balance of the registration fee amounting to $400 is payable on acceptance of this offer. If your
claim is successful and property is recovered on your behalf the sum of $1,000 will be credited
against the deduction referred to in paragraph 4 hereof.

4. The Director of Legal Aid is entitled under the Ordinance to a charge over any property
recovered or preserved on your behalf in the proceedings. The Director's charge shall be a sum
equivalent to the aggregate of

(a)such costs paid or payable on your behalf in respect of the proceedings as are not
recovered from any other party to the proceedings, and

(b) the percentage deduction calculated in accordance with the Schedule to the
Regulations.

5. The percentage deduction is calculated as follows

(a)Where a claim proceeds to judgment the Director of Legal Aid's deduction from
damages received shall be calculated as follows

(i) in respect of the first $50,000 (or any part thereof) at the rate of
10%;

(ii) in respect of the next $200,000 (or any part thereof) at the rate of
121%;

(iii) in respect of any excess over $250,000 at the rate of
10%.

(b)Where a claim is settled prior to judgment the applicable rate of deduction will be
reduced as follows

(i) where settlement occurs prior to delivery of a brief to Counsel, by 50%;

(ii) where settlement occurs after delivery of a brief but before the trial commences,
by 25%;

(iii) where settlement occurs during trial, by 10 %.

6. By accepting this Offer of a Legal Aid Certificate you are bound by the provisions of the
Legal Aid Ordinance and the Regulations made thereunder.




1988




ACCEPTANCE OF OFFER OF LEGAL AID CERTIFICATE

1 . I . ............................................................................................................................
....................

of
.................................................................................................................
.....................................

understand that the Director of Legal Aid is prepared to issue to me a Legal Aid Certificate upon my
acceptance of the terms and conditions set out above.

2. I accept such terms and conditions and signify my acceptance by dating and signing this form acknowledging that
1 have retained one copy for my own use.

3. I enclose $400 as required by Condition 3 above.

Date
............................................
..

..............................
.......................

Signature

(a) Name of interpreter in full. (b) Name of other language. (c) Name of applicant in full. (a) Name of applicant in full. (a) Name of applicant in full. (b) Name of interpreter in full. (c) Address of interpreter. (a) Name of interpreter in full. (b) Name of other language. (c) Name of applicant in full. (a) Name of applicant in full. (a) Name of applicant in full. (b) Name of interpreter in full. (c) Address of interpreter.

(a) Name of interpreter in full. (b) Name of other language. (c) Name of applicant in full. (a) Name of applicant in full. (a) Name of applicant in full. (b) Name of interpreter in full. (c) Address of interpreter. (a) Name of interpreter in full. (b) Name of other language. (c) Name of applicant in full. (a) Name of applicant in full. (a) Name of applicant in full. (b) Name of interpreter in full. (c) Address of interpreter.

https://oelawhk.lib.hku.hk/items/show/2415

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