Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 15

Stay of proceedings upon making of application for legal aid

Caution: This is a past version. See the current version here.

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

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

(3) Where any party to an action, or any person who wishes to be joined as a
party, makes an application for legal aid to prosecute an appeal or
proceedings in the nature of an appeal, the Director shall, as soon as
practicable after the application is made, notify the other party or each of
the other parties, and file in the court or tribunal against whose judgment or
order it is intended to appeal, a memorandum of such notification. (Amended 43
of 1995 s. 7)

(4) Where any memorandum is so filed, then, unless otherwise ordered by the
court in which the memorandum is filed, all proceedings in the action or in
the appeal or in both the action and the appeal shall, by virtue of this
section, be stayed for such period, being not less than 14 days, as may be
prescribed, and during such period (unless otherwise ordered by any such
court) time fixed by or under any law or otherwise for the doing of any act or
the taking of any step in the proceedings shall not run.

(5) The filing of the memorandum shall not operate to prevent the making of-

   (a)  an interlocutory order for an injunction or for the appointment of a
        receiver or manager or receiver and manager; or

   (b)  an order to prevent the lapse of a caveat against dealings with land;
        or

   (c)  any other order which, in the opinion of the court in which the
        memorandum is filed, is necessary to prevent an irremediable
        injustice.

(6) Unless otherwise ordered by the court in which the memorandum is filed,
the filing of the memorandum shall not operate to prevent the institution or
continuance of proceedings to obtain, enforce or otherwise carry into effect
any such order as is mentioned in subsection (5) or a decree to the like
effect.

(7) The time during which proceedings are stayed by virtue of this section may
be reduced or extended by order of the court in which the memorandum is filed.

(8) No fee shall be charged in respect of the filing of the memorandum
referred to in this section.

(9) For the purposes of this section, "action" (訴訟) includes any cause or
matter. (Replaced 40 of 1989 s. 3) "action" (訴訟)