Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 10

Grant of legal aid certificates

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

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

   (b)  in the case of legal aid to which section 5 applies, subject to
        section 5AA, the financial resources of that person do not exceed the
        amount specified in that section in respect of financial resources;
        and (Replaced 27 of 1991 s. 9. Amended 43 of 1995 s. 6)

   (c)  in the case of legal aid to which section 5A applies the
        financial resources of that person do not exceed the amount specified
        in that section in respect of financial resources.

   (d)  (Repealed 27 of 1991 s. 9)

(2) The Director may refuse to grant a legal aid certificate, although
satisfied of the matters specified in subsection (1) if, in his opinion, the
applicant has disposed of any capital or income for the purpose of satisfying
the conditions specified in those paragraphs or has failed to maximise his
earning potential so as to expend or reduce his financial resources for that
purpose. (Added 52 of 1970 s. 2. Amended 54 of 1984 s. 8; 27 of 1991 s. 9)

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

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

   (b)  on account of the simple nature of the proceedings a solicitor would
        not ordinarily be employed; (Amended 27 of 1991 s. 9)

   (c)  it is unreasonable that the applicant should be granted legal  aid in
        the particular circumstances of the case; (Added 54 of 1984 s. 8.
        Amended 27 of 1991 s. 9)

   (d)  since making the application the applicant has departed Hong Kong and
        remained outside Hong Kong for any continuous period of 6 months;
        (Added 27 of 1991 s. 9. Amended 43 of 1995 s. 6)

   (e)  the applicant has failed to comply with a requirement of the Director
        made under section 9(b) or (c); (Added 27 of 1991 s. 9)

   (f)  the applicant has allowed an offer or legal aid to lapse or has
        indicated that he wishes to withdraw his application; or (Added 43 of
        1995 s. 6)

   (g)  there are other persons concerned jointly with, or having the same
        interest as, the applicant in seeking a substantially similar outcome
        of the proceedings unless the applicant would be prejudiced by not
        being able to take his own or joint proceedings. (Added 43 of 1995 s.
        6)