Hong Kong Regulations

LEGAL AID IN CRIMINAL CASES RULES - RULE 2

Interpretation

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

(1) In these rules, unless the context otherwise requires-

"aided person" (受助人) means a person who has been granted a legal aid 
certificate or an appeal aid certificate;

"appeal aid certificate" (上訴援助證書) means an appeal aid certificate
granted under rule 10, 11, 12 or 13;

"appellant" (上訴人) means a person referred to in paragraph (c), (d), (e),

   (f)  , (g), or (h) of rule 4; (L.N. 122 of 1982)

"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; (L.N. 122 of 1982; 79 of 1995 s. 50)

"Director" (署長) means the Director of Legal Aid appointed under section 3
of the Legal Aid Ordinance ( Cap 91) and any Deputy Director of Legal Aid,
Assistant Director of Legal Aid and Legal Aid Officer so appointed; (24 of
1983 s. 7; L.N. 204 of 1984)

"disposable capital" (可動用資產), in relation to an applicant for
legal aid, means his capital as assessed under rule 15;

"disposable income" (可動用收入), in relation to an applicant for
legal aid, means his income as assessed under rule 15;

"financial resources" (財務資源) means the financial resources of an
aided  person assessed in accordance with the
Legal Aid (Assessment of Resources  and Contributions) Regulations ( Cap 91
sub. leg. B); (L.N. 199 of 1992)

"legal aid" (法律援助) means representation, as provided by these rules,
by counsel or solicitor or both;

"legal aid certificate" (法律援助證書) means a legal aid certificate
granted under rule 6, 7, 8 or 13;

"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; (L.N. 122 of 1982; 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. (L.N. 122 of 1982; 79 of 1995 s. 50)

(79 of 1995 s. 50)

(2) In these rules-

   (a)  references to counsel or solicitor shall be read as including
        references to the Director if, under rule 14, he is representing an
        accused person or appellant;

   (b)  (Repealed L.N. 199 of 1992)

   (c)  any references to proceedings relating to an appeal to, or an
        application for leave to appeal to, the Court of Final Appeal shall
        include proceedings relating to any opposition to such an appeal or
        application. (L.N. 122 of 1982; 79 of 1995 s. 50)

(3) In these rules, in any case to which rule 4(1)(ca) applies-

   (a)  the prescribed prisoner referred to in that rule shall be regarded as
        included in any reference to accused person or accused persons or to
        appellant or appellants, as the case may be; and

   (b)  the provisions of these rules shall apply to such case with such
        modifications as the circumstances require, and, without limiting the
        generality of the foregoing-

        (i)	rule 9(a) shall be read as if the reference to "convicted" were 
a reference to the subject of a determination under section 67C of the
Ordinance, and the reference to "his conviction or sentence or both" were a
reference to such determination under that section;

        (ii)   rule 10(a) shall be read as if it referred also to the
               certificate of solicitor or counsel assigned to represent the
               prescribed prisoner in question in the proceedings instituted
               under section 67C of the Ordinance as given under rule 9(a) (as
               read in accordance with sub-subparagraph (i)); and

        (iii)  rule 21(1)(a) and (d), (2), (4)(a) and (5) shall be read as
if any reference to "the trial", "a trial" or "any trial" were a reference to
the proceedings instituted under section 67C of the Ordinance, and the
reference to "tried together" were a reference to the subjects of such
proceedings instituted under that section that are conducted together.

(22 of 2004 s. 3)

"aided person" (受助人)

"appeal aid certificate" (上訴援助證書)

"appellant" (上訴人)

"counsel" (大律師)

"Director" (署長)

"disposable capital" (可動用資產)

"disposable income" (可動用收入)

"financial resources" (財務資源)

"legal aid" (法律援助)

"legal aid certificate" (法律援助證書)

"Registrar" (司法常務官)

"solicitor" (律師)