LEGAL AID IN CRIMINAL CASES RULES

LEGAL AID IN CRIMINAL CASES RULES

LEGAL AID IN CRIMINAL CASES RULES

ARRANGEMENT OF RULES

Rules Page
PART I
PRELIMINARY

1........Citation ............... ........... ... ... ... ... .... ... ... ... ... D2

2. Interpretation.................. ... ... ... ... ... ... ... ... ... ... D2

3. Panels of counsel and solicitors ... ... ... ... ... ... ... ... ... ... ... D 3

PART II

GRANT OF LEGAL AID

4.........................Legal aid for accused persons and appellants ... ... ... ... ... ... .. D 4

5................Application for legal aid ... ... ... ... ... ... ... ... ... ... ... D 6

6.......................Consideration of application for legal aid ... ... ... ... ... ... ... ... D 6

7..................Grant of legal aid certificate ... ... ... ... ... ... ... ... ... ... D 6

8................Refusal to grant legal aid ... ... ... ... ... ... ... ... ... ... ... D 6

9.....................Duty of solicitor or counsel assigned ... ... ... ... ... ... ... ... ... D 7

10................Legal aid for appellants .. ... ... ... ... ... ... ... ...
D 7

11.................Grant of appeal aid certificate ... ... ... ... ... ... ... ... ... D 7
12.................Refusal to grant legal aid to appeal ... ... ... ... ... ... ... ... ...
D 7

13................Legal aid in capital cases ... ... ... ... ... ... ... ... ... ... ... D 8

13A...................Power of Director to make inquiries ... ... ... ... ... ... ... ... ... D 8
14....................Director may represent aided person ... ... ... ... ... ... ... ... ... D 8

14A.................Power to discharge certificates ... ... ... ... ... ... ... ... ... ... D 8

14B.......................Refusal of legal aid in Privy Council appeals ... ... ... ... ... ... ... D 9

PART III

ASSESSMENT OF CONTRIBUTIONS

15. Assessment of disposable capital and disposable income ... ... ... ... ... D 9

16..................Contributions by aided person ... ... ... ... ... ... ... ... ... ... D 9

17.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... D 9

18...........................Excess contributions to be repaid to aided person ... ... ... ... ... ... D 9

PART IV

MISCELLANEOUS

19. Committing magistrate to inform accused of his right to apply for legal aid ... D 10
20. Copies of transcripts . D10







21. Solicitor and counsel fees ... ... ... ... ... ... ... ... ... ... D 10

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 13





LEGAL AID IN CRIMINAL CASES RULES

(Cap. 221, section 9A)

[1 January 1970.]

PART I

PRELIMINARY

1. These rules may be cited as the Legal Aid in Criminal Cases Rules.

2. ( 1 ) In these rules. unless the context otherwise requires-

person- means a person who has been granted a legal aid certificate or
an appeal aid certificate:

'appeal aid certificate' means an appeal aid certificate granted under rule 10.
11. 12 or 13:

'appellant' means a person referred to in paragraph (c). (d). (e). (f). (g) or (h)
of rule 4:

'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. 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:

'Director' means the Director of Legal Aid appointed under section 3 of the
Legal Aid Ordinance and any Deputy Director of Legal Aid, Assistant
Director of Legal Aid and Legal Aid Officer so appointed,

'disposable capital', in relation to an applicant for legal aid, means his capital
as assessed under rule 15;

'disposable income'. in relation to an applicant for legal aid. means his
income as assessed under rule 15.

'disposable resources'. in relation to an applicant for legal aid. means his
disposable capital and his disposable income.,

'legal aid' means representation. as provided by these rules. by counsel or
solicitor or both;





'legal aid certificate' means a legal aid certificate granted under rule 6. 7,
8 or 13;

'PrivyCouncil' means Her Majesty in Council;

'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;

'solicitor' means a person enrolled on the roll of solicitors maintained in
accordance with the provisions of the Legal Practitioners
Ordinance, 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.

(2) In these rules-

(a)references to counsel or solicitor shall be read as including
references to the Director it'. under rule 14. lie is representing
an accused person or appellant;

(b)a reference to a form by number shall be read as a reference to
the form so numbered in the Schedule; and

(c)any references to proceedings relating to an appeal to, or an
application for leave to appeal to. the Privy Council shall
include proceedings relating to any opposition to such an
appeal or application.

3. (1) The Director shall prepare and maintain separate panels of
counsel and solicitors enrolled on the rolls of barristers and solicitors
maintained in accordance with the provisions of the Legal Practitioners
Ordinance who are willing to act for aided persons.

(2) [Deleted, L.N. 323/83]

(3) The Director shall enter in the appropriate panel any limitation
as to the number per annum and 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.

(4) Any counsel or solicitor shall be entitled to have his name
included on the appropriate 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.

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





(6) For the removal of doubt, it is hereby declared that where a solicitor is
assigned to an aided person for the purpose of any proceedings, any other
solicitor in the same firm as the solicitor assigned may act for such person
therein

(a)except where the assignment is one to which rule 21 (1)(c). (l) or (n)
applies., or

(b)in the case of an. assignment to which rule 21(1)(c), (l) or (n) applies,
if the Director gives his prior consent.

(7) Subject to paragraph (8), a counsel or solicitor assigned to act for an
aided person shall not discontinue his aid without the leave of the Director.

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

(9) Subject to paragraph (7), a counsel or solicitor may at any time
request the Director to remove his name from a panel. and the Director shall
comply with such request.

(10) In this rule-

'practising certificate' means a practising certificate in force under section 6 or
30 of the Legal Practitioners Ordinance.

(11) Any counsel or solicitor who was entered on a panel maintained
for the purposes of this rule prior to the commencement of the Legal Aid in
Criminal Cases (Amendment) Rules 1983 shall be deemed to be entered on the
appropriate panel maintained under this rule upon such commencement:

Provided that any such counsel or solicitor may request that an entry be
made under paragraph (3) limiting the type of proceedings in which he is
prepared to act by excluding therefrom any type of proceedings in which he
had not indicated willingness to act prior to such commencement. and the
Director shall comply with any such request.

PART II

GRANT OF LEGAL AID

4. (1) Subject to any requirement to make contributions under Part III

(a)an accused person committed for trial before the High Court may be
granted legal aid under these rules for the preparation and conduct of
his defence and for any plea arising from the indictment;

(b)a person charged before the District Court with any offence may be
granted legal aid under these rules for the preparation and
conduct of his defence and for any plea arising from the charge
sheet;





(c)a person convicted of any offence before the High Court or the
District Court may be granted legal aid under these rules for
any appeal to the Court of Appeal and in any proceedings
preliminary or incidental thereto;

(d)the respondent in an appeal to the Court of Appeal under
section 84 of the District Court Ordinance may be granted legal
aid under these rules for the appeal and in any proceedings
preliminary or incidental thereto;.

(e)a respondent referred to in section 81A of the Ordinance may
be granted legal aid under these rules for the hearing of an
application for the review of any sentence under that section;

a person who is convicted by, or aggrieved by, an order or
determination of a magistrate in respect of or in connexion
with any offence may be granted legal aid under these rules
for the purpose of any appeal to the High Court and any
proceedings preliminary or incidental thereto;

(g)a respondent in an appeal by way of case stated by the
Attorney General under section 105 of the Magistrates
Ordinance may be granted legal aid under these rules for the
appeal and in any proceedings preliminary or incidental
thereto;

(h)a person convicted of any offence may be granted legal aid
under these rules for any appeal to. or any application for
leave to appeal to, the Privy Council and any proceedings
preliminary or incidental thereto;

(i)a person sentenced to death may be granted legal aid under
these rules in connexion with a petition to the Governor for
commutation of the sentence;

(j)an accused person in respect of whom a magistrate has
appointed a return day for the continuation of committal
proceedings may be granted legal aid under these rules for the
preparation and conduct of his defence including any
application for discharge under section 16 and any appeal
arising therefrom;

(k)a person ordered to appear before the High Court or the
District Court to be dealt with under the Community Service
Orders Ordinance;

(l)a person who is to be dealt with by a judge of the District
Court under section 20 or 21 of the District Court Ordinance


if the Director is satisfied that his disposable income per month, and the
value of his disposable capital, do not exceed the limits specified in
section 5 of the Legal Aid Ordinance in relation to the grant of legal aid
under that Ordinance.





(2) Where a person has been granted legal aid for any matter specified in
paragraph (1) he may also be granted legal aid for any proceedings arising out
of or connected with such matter. including any application for bail or any
appeal against refusal to grant bail.



5. An application for legal aid under rule 4 shall be made to the Director
and shall be in accordance with Form 1.

6. Subject to rule 13 in the case of a capital charge, in determining an
application for legal aid by an accused person the Director shall consider

(a)all the circumstances of the case and. in particular. any
recommendation of the committing magistrate. and

(b) the disposable resources of the accused person.

and shall not grant the application unless he is satisfied that legal aid is
desirable in the interests of justice.

7. (1) Where the Director is satisfied that the accused person should be
granted legal aid. the Director shall

(a) grant him a legal aid certificate: and

(b) assign a solicitor and. if the Director thinks fit. 1 or 2
counsel. one of whom may he leading as the
Director thinks tit. io represent him.

(2) A legal aid certificate-

(a) shall be in accordance with Form 21.. and

(b)shall be forwarded by the Director to the accused person with a
copy to the appropriate court in Hong, Kon. and to solicitor or
counsel assigned under these rules.

8. (1) Where the Director is not satisfied that the accused person should
he granted legal aid. the Director shall refuse the application and shall file in the
appropriate court in Hong Kong a notice of his refusal in accordance with
Form 3. Form 3A or Form 3B. as the case may require.

(2) Where the Director is not satisfied that the disposable income or the
disposable capital of the accused person does not exceed the relevant amount
specified in rule 4. the refusal of the application shall be final and may not be
disturbed.

(3) Except in relation to an appeal to the Privy Council or an application
to the Privy Council for leave to make such an appeal. where it appears to
ajudge or District Judge that an accused person appearing before him should be
granted legal aid notwithstanding that the Director refused his application. the
judge or District Judge may. subject to paragraph (2), grant him a legal aid
certificate. and the Director shall thereupon assign a solicitor and. if the
Director thinks fit. 1 or 2 counsel. one of whom may be leading counsel, as the
Director thinks fit. to represent the accused person.





9. It shall be the duty of solicitor or counsel assigned to an accused
person under these rules

(a)if the accused person is convicted. to give a certificate to the
Director as to whether or not in his opinion the accused person has
reasonable grounds for an appeal against his conviction or sentence
or both and, if so. settling those ground: and

(b)if the accused person proposes to appeal. to give notice of appeal or
of an application for leave to appeal and to attend to any matter
preliminary thereto.

10. Subject to rule 13 in the case of an appellant convicted of a capital
charge. in determining an application for legal aid by an appellant the Director
shall consider--

(a)all the circumstances of the case and. in particular. the certificate of
counsel assigned to represent him at his trial given under rule 9: and

(b) the disposable resources of the appellant.

and shall not grant the application unless he is satisfied that legal aid is
desirable in the interests of justice.

11. (1) If the Director is, satisfied that the appellant Should be ---
rantedaid. the Director shall

(a) grant him an appeal aid certificate. and

(b)assign a solicitor and 1 or 2 counsel, one of whom may be leading
counsel, or solicitor or counsel only as he may think fit. to represent
him.

(2) An appeal aid certificate-

(a) shall be in accordance with Form 4, and

(b)shall be forwarded by the Director to the appellant with a copy to
the appropriate court in Hong Kong and to solicitor or counsel
assigned in accordance with these rules.

12. (1A) This rule shall not apply to proceedings relating to an appeal to,
or an application for leave to appeal to. the Privy Council.

(1) If the Director is not satisfied that the appellant should be granted
legal aid to appeal, the Director shall refuse the application and shall forward to
the Registrar a notice of his refusal in accordance with Form 3, Form 3A or
Form 3B, as the case may require.

(2) Where the Director is not satisfied that the disposable income or the
disposable capital of the appellant does not exceed the relevant amount
specified in rule 4, the refusal of the application shall be final and may not be
disturbed.





(3) If on an appeal from any conviction, order or determina-
tion in respect of or in connexion with any offence, it appears to a
judge or, in the case of an appeal to the Court of Appeal, to the
court or a judge thereof that an appellant should be granted legal
aid notwithstanding that the Director refused his application. the
judge or the Court of Appeal may, subject to paragraph (2), grant
him an appeal aid certificate, and the Director shall thereupon
assign a solicitor and 1 or 2 counsel, one of whom may be leading
counsel, or solicitor or counsel only, as he may think fit, to represent
the appellant.

13. (1) Notwithstanding anything contained in this Part,
where a person-

(a) is committed for trial upon a capital charge;

(b)is convicted of a capital charge and proposes to appeal
therefrom; or

(c)wishes to oppose an appeal to, or an application for leave
to appeal to, the Privy Council in proceedings involving a
capital charge,

the Director may, having considered the disposable resources of the
accused person or appellant, grant him a legal aid certificate or an
appeal aid certificate, as the case may require, and shall do so if his
disposable resources do not exceed the relevant amounts specified in
rule 4.

(2) The powers of the Director under sub-paragraphs (a) and
(b) of paragraph (1) may be exercised by ajudge or, in the case of an
appeal to the Court of Appeal, by the court or ajudge thereof. and
the court or judge, if it or he thinks fit, may by order exempt the
accused person or appellant from the requirements of Part 111.

(3) Upon granting a legal aid certificate or an appeal aid
certificate under this rule, the Court of Appeal, the judge or the
Director shall assign a solicitor and 1 or 2 counsel, one of whom may
be leading counsel, as it or he may think fit, to represent the accused
person or appellant.

13A. Where an application for legal aid is made under para-
graph (h) of rule 4, the Director may, before granting an appeal aid
certificate, 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.

14. The Director may, in lieu of assigning solicitor or counsel
to an accused person or appellant under these rules, represent the
accused person or appellant.

14A. (1) The Director may, if he is satisfied that it is desirable
in the interests of justice, discharge a legal aid certificate or an appeal
aid certificate.





(2) Except in proceedings relating to appeals to, or applications for
leave to appeal to, the Privy Council, the powers of the Director under
paragraph (1) may be exercised by a judge or District Judge or, in the
case of an appeal to the Court of Appeal, by the court or a judge
thereof.

14B. (1) If the Director is not satisfied that an appellant should be
granted legal aid to appeal to, or to apply for leave to appeal to, the
Privy Council, the Director shall refuse the application and inform the
appellant in writing of the refusal.

(2) An appellant aggrieved by a decision of the Director under
paragraph (1) or his decision to discharge an appeal aid certificate
granted in respect of an appeal to, or an application for leave to appeal
to, the Privy Council may bring the decision on review before the
committee mentioned in section 26A of the Legal Aid Ordinance and
the provisions of that section shall apply to a review under this rule.

PART III

ASSESSMENT OF CONTRIBUTIONS

15. For the purposes of this Part the Director shall assess the
disposable capital and disposable income of each applicant for legal aid
in accordance with the Legal Aid (Assessment of Resources and
Contributions) Regulations as if the applicant were a person applying
for legal aid under the Legal Aid Ordinance, and those regulations shall
apply accordingly.

16. (1) Subject to rule 13, the Director may require an aided person
to pay to him a contribution towards the sums payable on his account
by the Director.

(2) The amount of any contribution required to be paid under
paragraph (1) shall

(a)be calculated in accordance with Parts 1 and 11 of the Third
Schedule to the Legal Aid (Assessment of Resources and
Contributions) Regulations as if the aided person required to
pay the contribution had been granted legal aid under the
Legal Aid Ordinance;

(b)be a debt due to the Director payable in a lump sum or by
instalments on such day or within such periods as the
Director may determine.

17. [Revoked, L.N. 427/82]

18. If the total contribution made by a person in respect of any
proceedings is more than the net liability of the Director on his account,
the excess shall be repaid to him.





PART IV

MISCELLANEOUS

19. (1) [Deleted, L.N. 323/83]

(2) Upon transferring a charge or complaint to the District Court
under Part IV of the Magistrates Ordinance the magistrate shall inform
the accused person of his right to apply for legal aid.

20. Solicitor or counsel assigned to an accused person or to an
appellant under these rules shall be entitled upon, application to
receive free of charge from the appropriate court a copy of the
transcript of the proceedings or of the depositions, including docu-
mentary exhibits, if any. in the case.

21. (1) The fees payable to a solicitor or counsel assigned under
these rules to represent an aided person shall be determined by the
Director having regard to the work actually and reasonably done and,
subject to this rule, in accordance with ;he following

(a)to a solicitor assigned under a legal aid certificate in respect of
proceedings in the High Court or an appeal aid certificate a fee
of $2,000 and additionally. if the trial or appeal is not
concluded on the day on which it started. a daily fee of not
less than $340 a rot exceeding $1,750 in respect of the second and
every subsequent day:

(b) to a solicitor assigned under a legal aid certificate in respect
of proceedings in the District Court a fee of $1,070 and additionally.
if the trial is not concluded on the day on
which it started. a daily fee of not less than $340
not exceeding $870 in respect of the second and every
subsequent day,

(C)to a solicitor assigned under a legal aid certificate to act as
advocate as well as instructing solicitor in respect of
proceedings in the District Court the fee payable to him under
sub-paragraph (b) and, in respect of his advocacy, such
additional fee, not exceeding the fee applicable to counsel
under sub-paragraph (e). as appears to be proper in the
circumstances.

(d)to counsel assigned under a legal aid certificate in respect of
proceedings in the High Court or an appeal aid certificate, a fee
not exceeding $8,000 or in the case of Queen's Counsel. such fee
as appears to the Director to be proper in the circumstances;
and additionally. if tile trial or appeal is not concluded on the
day on which it started, such daily fee not exceeding one half
of the fee allowed under this sub-paragraph in respect of the
second and every subsequent day as appears to be proper in
the circumstances;





(e)to counsel assigned under a legal aid certificate in respect of
proceedings in the District Court, a fee not exceeding $4,700 or. in
the case of Queen's Counsel. such fee as appears to the
Director to be proper in the circumstances; and additionally, if
the trial is not concluded on the day on which it started, a
daily fee not exceeding one half of the fee allowed under this
sub-paragraph in respect of the second and every subsequent
day as appears to be proper in the circumstances;

(f)to Queen's Counsel assigned under a legal aid certificate in
respect of proceedings in the High Court, District Court or an
appeal aid certificate, fees for such consultations approved by
the Director at such hourly rate as appears to the Director to
be proper in the circumstances,

(g)to counsel, other than Queen's Counsel. assigned under a
legal aid certificate in respect of proceedings in the High
Court. or an appeal aid certificate, fees for such conferences
approved by the Director at such hourly rate.
not exceeding $340 per hour as appears to the Director
to be proper in the circumstances;

(h)to counsel, other than Queen's Counsel. assigned under a
legal aid certificate in respect of proceedings in the District
Court. fees for such conferences approved by the Director at
such hourly rate, not exceeding $270 per hour as appears to the
Director to be proper in the circumstances;

(i)to counsel and solicitors assigned under an appeal aid
certificate in respect of appeals to, or applications for leave to
appeal to, the Privy Council, such fees as appear to the
Director to be proper in the circumstances;

(j)to counsel and solicitors assigned to represent a person
granted legal aid under paragraph (i) of rule 4, such fees as
appear to the Director to be proper in the circumstances;

(k)to counsel and solicitors to whom an application or matter
has been referred under rule 13A, such fees as appear to the
Director to be proper in the circumstances;

(l)to counsel or a solicitor assigned under a legal aid certificate
to act as advocate in respect of a preliminary inquiry, a fee
not exceeding $4,000 and additionally, if the inquiry is not
concluded on the day on which its started, a daily fee not
exceeding one half of the fee allowed under this sub-
paragraph in respect of the second and every subsequent
day as appears to be proper in the circumstances;

(m)to a solicitor assigned under a legal aid certificate to instruct
counsel in respect of committal proceedings (including a
preliminary inquiry), a fee of $1,070 and additionally, if such
proceedings are not concluded on the day on





which they started, a daily fee not exceeding $870 in respect
of the second and every subsequent day as appears to be
proper in the circumstances;

(n) to counsel or a solicitor assigned under a legal aid certificate to
act as advocate in committal proceedings otherwise than by
way of a preliminary inquiry, a fee not
exceeding $2,000 additionally, if such proceedings are
notthe day on which they started, a daily
fee not exceeding $1,000 in respect of the second and
every subsequent day as appears to be proper in the
circumstances;

(o)to counsel or a solicitor settling a notice of appeal, other than
grounds of appeal settled under rule 9(a), such fee not
exceeding $1,000 as appears to the Director to be proper in the
circumstances

(2) If in the opinion of ajudge before whom a trial or appeal is
heard the case is of exceptional length or complexity, the judge may so
certify and thereupon

(a) the fee payable to counsel under paragraph (1)(d); and

(b) the fee payable to a solicitor under paragraph (1)(a),

may be increased by such amount as appears to the Director to be
proper in the circumstances, and the daily fee provided for in paragraph
(1)(a) or (d), as the case may be, may be increased proportionately.

(3) If in the opinion of a District Judge before whom a trial is heard
the case is of exceptional length or complexity, the judge may so certify
and thereupon

(a)the fee payable to counsel under paragraph (1)(e) or to a
solicitor in respect of his advocacy under paragraph (1)(c);
and

(b) the fee payable to a solicitor under paragraph (1)(b),

may be increased by such amount as appears to the Director to be
proper in the circumstances, and the daily fee provided for in paragraph
(1)(b), (c) or (e). as the case may be, may be increased proportionately.

(4) In addition to the fees payable under paragraph (1), there shall
be payable to a solicitor

(a)expenses actually and reasonably incurred by himself and his
clerk in travelling to or from the court and to and from any
place visited for the purpose of preparing or conducting any
trial or appeal; and

(b)any other out-of-pocket expenses actually and reasonably
incurred.





(5) Where a solicitor or counsel (other than Queen's Counsel)
represents 2 or more accused persons or 2 or more appellants to whom
he has been assigned by the Director and who are tried together or
whose appeals are heard together

(a)the fee, including the daily fee, payable to a solicitor under
paragraph (1)(a) or (b), may be increased by such amount as
appears to the Director to be proper in the circumstances;

(b) the fee, including the daily fee, payable to-

(i) a solicitor under paragraph (1)(c) in respect of his
advocacy;

(ii) counsel (other than Queen's Counsel) under paragraph
(1)(d) or (e),

may be increased by 10% for each additional accused person
or appellant so represented up to a maximum of 50% where 6
or more accused persons or appellants are so represented.

(6) Where in the High Court counsel represents 2 or more
appellants to whom he has been assigned by the Director and whose
appeals are heard on the same day, there shall be payable to counsel,
in respect of all the appeals such fee of not less than $670 as appears
to the Director to be proper in the circumstances.

SCHEDULE

FORM 1 [rule 5.]


CRIMINAL PROCEDURE ORDINANCE


(Chapter 221)



APPLICATION FO R LEGAL AID



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



............................ hereby apply for


Legal Aid and solemnly and sincerely declare that-


I. My personal particulars are as follows-


Name: Mr./Madam/Miss ..........................................................

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






Hong Kong Identity Card No.: ........................... ...... Age:

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.:



I wish to apply for Legal Aid for the following purpose


Other information: .................
............................

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

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

Previous Application No. (if any):





III Particulars of my financial means and those Applicant Spouse

of my spouse (if applicable) are as follows- $ $

Monthly salary/wages


Allowance and bonus

Net profit from business

Rental from subletting


Contribution from family members


Other sources of income (specify)

Jewellery



Shares and other investments

Money in bank(s)


Monthly rental (dwelling house)


Rates (dwelling house)




IV.Particulars of property owned by me or by my spouse or jointly are as
follows

Mortgage Monthly Total Estimated
Registered Purchase or charge Instal- Amount Present
Owner Address Price obtained ment Paid Market Value


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


Name Applicant Spouse
$ $

Address

Capital held
Stock in hand
Money in bank
Machinery and Office Equipment
Money recoverable






VI. Particulars of my dependants as follows-


Degree of
Name Age Occupation Relationship Dependency

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



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,

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

Commissionerfor Oaths.








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

Declaration by interpreter

I, (a) .............................do solemnly and

sincerely declare that I well understand the English and (b)
.........................................
languages; that I have truly, distinctly and audibly interpreted the contents of this

document to the said (c) ............. 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,

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

Commissionerfor Oaths.







Declaration by applicant

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

solemnly and sincerely declare that the contents of my application for legal aid are
true and that I make this solemn declaration conscientiously believing the same to
he
true and by virtue of the provisions of the Oaths and Declarations Ordinance
(Chapter II)

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

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 2 [rule 7(2).]

LEGAL AID IN CRIMINAL CASES RULES

LEGAL AID CERTIFICATE

Regina v . ..........................................

WHEREAS it appears to me, on consideration of an application for legal aid

by ................................................ that it is desirable in the

interests of justice that he should have legal representation in the preparation and
conduct of his defence *and that his disposable resources do not exceed the relevant
amounts specified in rule 4:

NOW THEREFORE I do hereby grant this legal aid certificate in respect

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

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

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

Judge of the High Couril/District Judge+.
Director of Legal Aidt.

The following have been assigned

Solicitor ..........

Counsel ..............................



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

Delete if inapplicable in a caw where certificate granted under rule 13.
Delete whichwver is inapplicable.





FORM 3 [rules 8(1) & 12(1).]

LEGAL AID IN CRIMINAL CASES RULES

IN THE COURT

CRIMINAL JURISDICTION

NOTICE OF REFUSAL OF LEGAL AID ON THE
MERITS OF THE CASE

CRIMINAL CASE or APPEAL* NO . ...of 19
BETWEEN ....................................

AND

1 . ..... of ................... the

accused/appellant* in the above proceedings applied for legal aid.

2. Having considered the merits of the case and the financial means of the
said accused/ appellant* I have refused him legal aid on the merits of the case.

3. I am satisfied that the disposable resources of the accused/appellant do
not exceed the relevant amounts set out in rule 4.

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

..........................................
Director of Legal Aid.

Delete whichever is inapplicable.






FORM 3A [rules 8(1) & 12(1).]

LEGAL AID IN CRIMINAL CASES RULES

IN THE COURT

CRIMINAL JURISDICTION

NOTICE OF REFUSAL OF LEGAL AID ON THE
MEANS TEST

CRIMINAL CASE or APPEAL* NO . .of 19

BETWEEN .................................................................................

AND

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

1 . ........of ....................the

accused/appellant* in the above proceedings applied for legal aid.

2. Having considered the merits ofthe case and the financial means ofthe said
accused/appellant* I have refused him legal aid on the means test.

3. I am not satisfied that the disposable resources of the accused/appellant
do not exceed the relevant amounts set out in rule 4.

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

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

Director of Legal Aid.

Delete whichever is inapplicable.







FORM 3B [rules 8(1) & 12(1).]

LEGAL AID IN CRIMINAL CASES RULES

IN THE COURT

CRIMINAL JURISDICTION

NOTICE OF REFUSAL OF LEGAL AID ON THE
MERITS AND ON THE MEANS TEST

CRIMINAL CASE or APPEAL* NO . ..of 19

BETWEEN .................................................................................

AND

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

1 . ........of ....................the

accused/ appellant* in the above proceedings applied for legal aid.

2. Having considered the merits of the case and the financial means of the said
accused/ appellant* I have refused him legal aid on both the merits of the case and
the means test.

3. I am not satisfied that the disposable resources of the accused/ appellant*
do not exceed the relevant amounts set out in rule 4.

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

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

Director of Legal Aid.

Delete whichever is inapplicable.






FORM 4 [rule 11(2).]
LEGAL AID IN CRIMINAL CASES RULES

APPEAL AID CERTIFICATE

........... v. Regina

WHEREAS it appears to me, on consideration of an application for legal aid

by..............................................................................................
that it is desirable in the

interests of justice that he should have legal representation in the preparation and
conduct of the appeal *and that his disposable resources do not exceed the relevant
amounts specified in rule 4:

NOW THEREFORE I do hereby grant this appeal aid certificate in respect of ......

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

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

. .....

Judge of the High Court+
Director of Legal Aid+

The following have been assigned

Solicitor ..............................

Counsel ..............................

..........

Director of Legal Aid.

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

Delete if inapplicable in a case where certificate granted under rule 13.
Delete whichever is inapplicable.

L.N. 130/69. L.N. 169/69. L.N. 167/72. L.N. 70/73. L.N. 148/73. L.N. 65/76. L.N. 64/78. L.N. 289/79. L.N. 136/81. L.N. 412/81. L.N. 414/81. L.N. 122/82. L.N. 427/82. 24 of 1983. 48 of 1983. L.N. 323/83. L.N. 204/84. L.N. 115/85. L.N. 176/69. Citation. Interpretation. L.N. 122/82. (Cap. 159.) L.N. 122/82. 24 of 1983, s. 7. L.N. 204/84. (Cap. 91.) L.N. 122/82. L.N. 122/82. (Cap. 159.) L.N. 122/82. Schedule. L.N. 122/82. Panels of counsel and solicitors. L.N. 122/82. L.N. 323/83. (Cap. 159.) L.N. 115/85. L.N. 115/85. (Cap. 159.) L.N. 323/83. Legal aid for accused persons and appellants. L.N. 204/84. L.N. 70/73. L.N. 64/78. L.N. 169/69. (Cap. 336.) L.N. 167/72. L.N. 148/73. L.N. 65/76. (Cap. 227.) L.N. 122/82. L.N. 122/82. 48 of 1983, s. 5. L.N. 204/84. L.N. 115/85. (Cap. 378.) L.N. 115/84. (Cap. 336.) L.N. 323/83. L.N. 427/82. L.N. 115/85. (Cap. 91.) L.N. 204/84. Application for legal aid. Form I. Consideration of application for legal aid. Grant of legal aid certificate. L.N. 323/83. Form 2. L.N. 70/73. L.N. 122/82. Refusal to grant legal aid. L.N. 70/73. L.N. 122/82. Forms 3, 3A and 3B. L.N. 136/81. L.N. 412/81. L.N. 204/84. L.N. 122/82. L.N. 323/83. Duty of solicitor or counsel assigned. L.N. 204/84. Legal aid for appellants. Grant of appeal aid certificate. Form 4. L.N. 70/73. L.N. 122/82. Refusal to grant legal aid to appeal. L.N. 122/82. L.N. 70/73. L.N. 136/81. L.N. 412/81. Forms 3, 3A and 3B. L.N. 204/84. L.N. 204/84. Legal aid in capital cases. L.N. 122/82. L.N. 122/82. Power of Director to make inquiries. L.N. 122/82. Director may represent aided person. Power to discharge certificates. L.N. 70/73. L.N. 122/82. Refusal of legal aid in Privy Council appeals. L.N. 122/82. (Cap. 91.) Assessment of disposable capital and disposable income. L.N. (Cap. 91., sub. leg.) (Cap. 91.) Contributions by aided persons. L.N. 427/82. L.N. 115/85. (Cap. 91., sub. leg.) (Cap. 91.) Excess contributions to be repaid to aided person. Committing magistrate to inform accused of his right to apply for legal aid. L.N. 64/78. (Cap. 227.) Copies of transcripts. [cf. Cap. 221, sub. leg. A, r. 5.] Solicitor and counsel fees. L.N. 115/85. L.N. 414/81. L.N. 169/69. L.N. 70/73. L.N. 289/79. L.N. 115/85. L.N. 70/73. L.N. 289/79. L.N. 148/73. L.N. 414/81. L.N. 122/82. L.N. 122/82. L.N. 122/82. 48 of 1983, s. 5. 48 of 1983, s. 5. 48 of 1983, s. 5. L.N. 204/84. L.N. 115/85. L.N. 115/85. L.N. 414/81. L.N. 412/81. L.N. 323/83. L.N. 115/85.

L.N. 130/69. L.N. 169/69. L.N. 167/72. L.N. 70/73. L.N. 148/73. L.N. 65/76. L.N. 64/78. L.N. 289/79. L.N. 136/81. L.N. 412/81. L.N. 414/81. L.N. 122/82. L.N. 427/82. 24 of 1983. 48 of 1983. L.N. 323/83. L.N. 204/84. L.N. 115/85. L.N. 176/69. Citation. Interpretation. L.N. 122/82. (Cap. 159.) L.N. 122/82. 24 of 1983, s. 7. L.N. 204/84. (Cap. 91.) L.N. 122/82. L.N. 122/82. (Cap. 159.) L.N. 122/82. Schedule. L.N. 122/82. Panels of counsel and solicitors. L.N. 122/82. L.N. 323/83. (Cap. 159.) L.N. 115/85. L.N. 115/85. (Cap. 159.) L.N. 323/83. Legal aid for accused persons and appellants. L.N. 204/84. L.N. 70/73. L.N. 64/78. L.N. 169/69. (Cap. 336.) L.N. 167/72. L.N. 148/73. L.N. 65/76. (Cap. 227.) L.N. 122/82. L.N. 122/82. 48 of 1983, s. 5. L.N. 204/84. L.N. 115/85. (Cap. 378.) L.N. 115/84. (Cap. 336.) L.N. 323/83. L.N. 427/82. L.N. 115/85. (Cap. 91.) L.N. 204/84. Application for legal aid. Form I. Consideration of application for legal aid. Grant of legal aid certificate. L.N. 323/83. Form 2. L.N. 70/73. L.N. 122/82. Refusal to grant legal aid. L.N. 70/73. L.N. 122/82. Forms 3, 3A and 3B. L.N. 136/81. L.N. 412/81. L.N. 204/84. L.N. 122/82. L.N. 323/83. Duty of solicitor or counsel assigned. L.N. 204/84. Legal aid for appellants. Grant of appeal aid certificate. Form 4. L.N. 70/73. L.N. 122/82. Refusal to grant legal aid to appeal. L.N. 122/82. L.N. 70/73. L.N. 136/81. L.N. 412/81. Forms 3, 3A and 3B. L.N. 204/84. L.N. 204/84. Legal aid in capital cases. L.N. 122/82. L.N. 122/82. Power of Director to make inquiries. L.N. 122/82. Director may represent aided person. Power to discharge certificates. L.N. 70/73. L.N. 122/82. Refusal of legal aid in Privy Council appeals. L.N. 122/82. (Cap. 91.) Assessment of disposable capital and disposable income. L.N. (Cap. 91., sub. leg.) (Cap. 91.) Contributions by aided persons. L.N. 427/82. L.N. 115/85. (Cap. 91., sub. leg.) (Cap. 91.) Excess contributions to be repaid to aided person. Committing magistrate to inform accused of his right to apply for legal aid. L.N. 64/78. (Cap. 227.) Copies of transcripts. [cf. Cap. 221, sub. leg. A, r. 5.] Solicitor and counsel fees. L.N. 115/85. L.N. 414/81. L.N. 169/69. L.N. 70/73. L.N. 289/79. L.N. 115/85. L.N. 70/73. L.N. 289/79. L.N. 148/73. L.N. 414/81. L.N. 122/82. L.N. 122/82. L.N. 122/82. 48 of 1983, s. 5. 48 of 1983, s. 5. 48 of 1983, s. 5. L.N. 204/84. L.N. 115/85. L.N. 115/85. L.N. 414/81. L.N. 412/81. L.N. 323/83. L.N. 115/85.

https://oelawhk.lib.hku.hk/items/show/2898

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