Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 24

Privileges attaching to certain relationships

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

(1) The like privileges and rights as those which arise from the relationship
of client, counsel and solicitor acting in their professional employment shall
arise from the following relationships, that is to say-

   (a)  the relationship between an applicant for legal aid and the Director
        and counsel and solicitor to whom the application is referred;

   (b)  the relationship between an aided person and the Director and counsel
        and solicitor assigned to act for him in any proceedings to which a
        legal aid certificate relates.

(2) (Repealed 27 of 1991 s. 15)

(3) Save as provided by this Ordinance, the rights conferred by this Ordinance
on an aided person shall not affect the rights or liabilities of other parties
to the proceedings or the principles on which the discretion of any court or
tribunal is normally exercised.

(4) A person shall not disclose information given for the purposes of this
Ordinance concerning a person seeking or receiving advice, assistance or
representation otherwise than-

   (a)  to enable the proper performance by a person of a function under this
        Ordinance;

   (b)  to advice on, institute and pursue criminal proceedings for an offence
        arising out of the operation of this Ordinance or to report the
        proceedings; or

   (c)  with the consent of the person concerned and, if he did not give the
        information, the consent of the person who did. (Added 43 of 1995 s.
        9)

(5) Subsection (4) does not apply to information in the form of a summary or
collection of information set out in a manner that does not enable information
concerning a particular person to be ascertained from it. (Added 43 of 1995 s.
9)

(6) Information given to counsel or a solicitor acting in that capacity by or
on behalf of a person seeking or receiving advice, assistance or
representation under this Ordinance is not information given for the purposes
of this Ordinance. (Added 43 of 1995 s. 9)

(7) In this section, "court" (法院) includes the Court of Final Appeal.
(Added 79 of 1995 s. 50. Amended L.N. 312 of 1998)

"court" (法院)