Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"aided person" (受助人) means a person to whom has been granted a
legal aid  certificate which is still in force; (Amended 54 of 1984 s. 2)

"assignment" and "assigned" (指派) include assignment of solicitor or
counsel by the Director, selection of solicitor or counsel by an aided  person
and briefing of counsel by a solicitor;

"contribution" (分擔費用) means the contribution payable under this
Ordinance by an aided person or formerly aided person to the costs and
expenses of legal aid; (Added 54 of 1984 s. 2)

"counsel" (大律師) 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 ( Cap 159), and who, at the material time, is not
suspended from practice; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"court" (法院) means any court, tribunal or person in respect of proceedings
before which legal aid may be granted but does not include the Court of Final
Appeal; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"Director" (署長) means the Director of Legal Aid appointed under the
provisions of section 3 and any Deputy Director of Legal Aid, Assistant
Director of Legal Aid and Legal Aid Officer so appointed; (Amended 24 of 1983
s. 2; 54 of 1984 s. 2)

"domestic proceedings" (家事法律程序) means proceedings under the
Matrimonial  Proceedings and Property Ordinance ( Cap 192), the
Matrimonial Causes  Ordinance ( Cap 179), the Guardianship of Minors Ordinance
( Cap 13), the Separation and Maintenance Orders Ordinance ( Cap 16) or the
Parent and  Child Ordinance ( Cap 429); (Replaced 26 of 2000 s. 2)

"financial resources" (財務資源) means financial resources as determined
in the prescribed manner; (Added 27 of 1991 s. 2)

"Fund" (計劃基金) means the Supplementary Legal Aid Fund established under
section 29; (Added 54 of 1984 s. 2)

"guardian" (監護人), in relation to an infant, includes, without prejudice
to the generality of the expression, such person as the Director considers
might properly be appointed by the court to be the next friend or guardian ad
litem of the infant;

"income" (收入), "disposable income" (可動用收入) and "disposable
capital" (可動用資 產) mean income, disposable income or
disposable capital as determined in the prescribed manner; (Added 54 of 1984
s. 2)

"infant" (幼年人) means an unmarried person who has not attained the age of
18 years; (Added 27 of 1991 s. 2)

"judge" (法官) means a judge of the High Court or the District Court, as the
case may be; (Amended 25 of 1998 s. 2)

"legal aid" (法律援助) means legal aid granted under the provisions of
this Ordinance;

"legal aid certificate" (法律援助證書) means a legal aid certificate
granted under section 10;

"Legal Aid Officer" (法律援助主任) means an officer appointed to a post
of and serving as, or lawfully performing the functions of any of the officers
designated in Schedule 1; (Added 24 of 1983 s. 2)

"order for costs" (繳付訟費命令) includes any judgment, order, decree,
award or direction by a court or the Court of Final Appeal for the payment of
the costs of one party in the proceedings by another party, whether given or
made in those proceedings or not; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"panel" (名冊) means the appropriate panel maintained in accordance with
section 4;

"person" (人、人士) does not include a body of persons corporate or
unincorporate so as to authorize legal aid to be granted to such a body;

"prescribed" (訂明) means prescribed by regulations made under section 28;
(Added 54 of 1984 s. 2)

"proceedings" (法律程序) includes-

   (a)  legal proceedings;

   (b)  negotiations prior to the issue of legal proceedings, including
        mediation, and for the payment of compensation by the Motor Insurers'
        Bureau for which no legal proceedings are issued;

   (c)  an application to the Mental Health Review Tribunal; (Added 43 of 1995
        s. 2)

"Registrar" (司法常務官) means the Registrar of the High Court and, for
the purposes of any proceedings before the Court of Final Appeal, includes the
Registrar of the Court of Final Appeal; (Added 14 of 1982 s. 2. Amended 79 of
1995 s. 50; 25 of 1998 s. 2)

"solicitor" (律師) means a person enrolled on the roll of solicitors
maintained in accordance with the provisions of the Legal Practitioners 
Ordinance ( Cap 159), and who, at the material time, is not suspended from
practice; (Amended 14 of 1982 s. 2; 54 of 1984 s. 2; 79 of 1995 s. 50)

"Supplementary Legal Aid Scheme" (法律援助輔助計劃) means the
provisions under this Ordinance for the grant of legal aid where section 5A
applies; (Added 54 of 1984 s. 2)

"transcript" (謄本) includes the transcript of the official shorthand note
and any official typescript of the judge's manuscript note. (Added 54 of 1984
s. 2. Amended 79 of 1995 s. 50) (Amended 79 of 1995 s. 50)

(2) Any references in this Ordinance to proceedings, an application, an order
or a decision relating to or in connection with an appeal to, or an
application for leave to appeal to, the Court of Final Appeal shall include
proceedings, applications, orders and decisions relating to or in connection
with any opposition to such an appeal or application for leave to appeal.
(Added 14 of 1982 s. 2. Amended 79 of 1995 s. 50)

(3) The Chief Executive may, by order, amend Schedule 1. (Added 24 of 1983 s.
2. Amended 26 of 1999 s. 3)

"aided person" (受助人)

"assignment" and "assigned" (指派)

"contribution" (分擔費用)

"counsel" (大律師)

"court" (法院)

"Director" (署長)

"domestic proceedings" (家事法律程序)

"financial resources" (財務資源)

"Fund" (計劃基金)

"guardian" (監護人)

"income" (收入), "disposable income" (可動用收入) and "disposable
capital" (可動用資 產)

"infant" (幼年人)

"judge" (法官)

"legal aid" (法律援助)

"legal aid certificate" (法律援助證書)

"Legal Aid Officer" (法律援助主任)

"order for costs" (繳付訟費命令)

"panel" (名冊)

"person" (人、人士)

"prescribed" (訂明)

"proceedings" (法律程序)

"Registrar" (司法常務官)

"solicitor" (律師)

"Supplementary Legal Aid Scheme" (法律援助輔助計劃)

"transcript" (謄本)