Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 16C

Liability for costs

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

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

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

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

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

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

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

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

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

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

   (c)  where a court or the Privy Council makes an order for costs against an
        aided person, or an agreement is entered into for the payment of costs
        against an aided person, in favour of a person who is also receiving
        legal aid, neither such person shall be liable for such costs in
        excess of his contribution and the contribution of the party who is
        liable for the payment of costs under such order or agreement shall be
        charged first with the costs of both parties and thereafter the
        contribution of the other party shall be charged to the extent of his
        own costs in so far as such costs are not recovered from the
        contribution of the party liable to pay costs. (Amended 40 of 1989 s.
        5)

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

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

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

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

(4) In this section "proceedings in the Privy Council"
(在樞密院進行的法律程 序) means proceedings relating to an appeal
to, or an application for leave to appeal to, the Privy Council other than
proceedings for an application for such leave made in Hong Kong. (Added 54 of
1984 s. 14) "proceedings in the Privy Council"
(在樞密院進行的法律程序)