Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 32

Contributions for benefit of the Fund

(Past version on 30/06/1997).

(1) Where legal aid is granted to any person under the
Supplementary Legal Aid Scheme-

   (a)  the Director shall require the person who is offered the grant of
        legal aid to pay an interim contribution to the Director for the
        benefit of the Fund; and

   (b)  if that person is successful, either in whole or in part, in the
        proceedings brought by him with the assistance of such legal aid, the
        Director shall require him to pay to the Director a final contribution
        for the benefit of the Fund, in an amount calculated in a manner, and
        according to such circumstances as may be prescribed. (Replaced 26 of
        2000 s. 9)

(1A) Any interim contribution paid under subsection (1)(a) and any application
fee paid under regulation 3(3) of the Legal Aid Regulations ( Cap 91 sub.
leg.) shall not be liable to be refunded to the aided person where that person
is not successful in the proceedings brought by him with the assistance of
such legal aid: Provided that where the sums paid or payable on his account
out of the Fund and the costs incurred on his behalf before the
legal aid certificate is discharged are less than the amount of interim
contribution paid under subsection (1)(a), the Director shall refund the
balance of the amount remaining to the aided person. (Added 26 of 2000 s. 9)

(1B) There shall be deducted from the final contribution payable under
subsection (1)(b) any interim contribution paid under subsection

(1)(a) and any sums recovered under or by virtue of an order or agreement for
costs made in the aided person's favour and such other sums, if any, as may be
prescribed. (Added 26 of 2000 s. 9)

(2) No contribution payable under this section shall exceed the value of the
property recovered or preserved for the aided person in the proceedings.

(3) The Director may by notice in writing to the aided person waive, either in
whole or in part, his rights to a contribution under this section where he is
satisfied that it would cause serious hardship to any person to rely on such
rights and it is in all the circumstances just and equitable to do so.

(4) Nothing in subsection (1), (1A), (1B) or (2) shall prevent the recovery
from a formerly aided person, in such manner and amount as may be prescribed,
of the costs and expenses of legal aid under the Supplementary 
Legal Aid Scheme incurred prior to the revocation or discharge of his
legal aid certificate upon such revocation or discharge whether or not such
person continues the proceedings and whether or not the proceedings are
successful. (Amended 26 of 2000 s. 9)

(5) For the purposes of this section proceedings shall be deemed to be
successful where property is recovered or preserved for the aided  person
either under a court order or under a compromise arrived at to avoid or bring
to an end the proceedings.

(6) References in this section to the property recovered or preserved for the
aided person in the proceedings shall be construed in accordance with
section 18A(3).