Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 3

Appointments

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

(1) The Chief Executive may appoint a person to be the Director of Legal Aid
and may also appoint such number of Deputy Directors of Legal  Aid, Assistant
Directors of Legal Aid and Legal Aid Officers as he may think fit. (Amended 24
of 1983 s.3; 26 of 1999 s. 3)

(2) No person shall be appointed to be, or shall act temporarily as, the
Director of Legal Aid or a Deputy Director of Legal Aid or an Assistant
Director of Legal Aid or a Legal Aid Officer unless he is qualified to
practise as a legal practitioner in Hong Kong, the United Kingdom or in a
jurisdiction listed in Schedule 2 to the Legal Officers  Ordinance ( Cap 87).
(Amended 24 of 1983 s. 3; 27 of 1991 s. 3; 42 of 2000 s. 28)

(3) Every person holding an appointment under subsection (1) shall, when
performing any duty or exercising any power under this Ordinance or under
rules made pursuant to section 9A of the Criminal Procedure  Ordinance (
Cap 221), have all the rights, powers, privileges, and duties of a barrister
and solicitor duly admitted under the Legal Practitioners  Ordinance (
Cap 159), including a right of audience before any court or the Court of Final
Appeal: (Amended 79 of 1995 s. 50) Provided that no such person shall
undertake or conduct as counsel the case for a defendant at the trial of such
defendant in any criminal cause or matter or conduct any appeal on behalf of
any such defendant in any criminal cause or matter. (Replaced 58 of 1972 s.2.
Amended 48 of 1983 s.2)

(4) Notification in the Gazette to the effect that a person has been appointed
to any of the offices referred to in subsection (1), or has ceased to hold any
such office, shall be sufficient proof of the facts stated in the notice.
(Added 58 of 1972 s.2)