Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 17

Court may order payment of costs by aided person in certain event

(Past version on 30/06/1997).

(1) Where it appears to a court or judge that a legal aid  certificate has
been obtained by fraud or misrepresentation, the court or judge may order the
aided person to pay the costs of the Director and of the counsel and solicitor
who acted for him or the costs of the other party, or the costs of the
Director and such counsel and solicitor and such party.

(2) In subsection (1) a reference to an "aided person" (受助人) shall
include, in any case where the legal aid certificate has been revoked or
discharged before the making of the order, the person who immediately before
such revocation or discharge was the aided person. (Amended 27 of 1967 s. 3)

(3) Where it appears to a court or judge that an aided person has acted
improperly in bringing or defending any legal proceedings or in the conduct of
them, the court or judge may order the aided person to pay the costs of the
Director and of the counsel or solicitor who acted for him or the costs of the
other party, or the costs of the Director and such counsel and solicitor and
such party.

(4) Where an order is made under subsection (1) or (3), the costs shall be
taxed as if the party ordered to pay them were not an aided  person.

(5) The costs so ordered to be paid shall, unless otherwise directed by the
order, include fees and charges of the nature referred to in section 16B(c)
and (d). (Amended 54 of 1984 s. 15)

(6) In this section, "court" (法院) includes the Court of Final Appeal.
(Added 79 of 1995 s. 50)

"aided person" (受助人)

"court" (法院)