Hong Kong Regulations

LEGAL AID IN CRIMINAL CASES RULES - RULE 21

Solicitor and counsel fees

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

(1) The fees payable to a solicitor or counsel assigned under these rules to
represent an aided person shall be determined by the Director having regard to
the work actually and reasonably done and, subject to this rule, in accordance
with the following- (L.N. 414 of 1981; L.N. 115 of 1985)

   (a)  to a solicitor assigned under a legal aid certificate in respect of
        proceedings in the Court of First Instance a fee of $6790 and
        additionally if the trial is not concluded on the day on which it
        started, a daily fee of not less than $830 and not exceeding $4420 in
        respect of the second and every subsequent day; (L.N. 101 of 1991;
        L.N. 351 of 1992; L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235 of
        1997; 25 of 1998 s. 2; L.N. 174 of 2003)

   (aa) to a solicitor assigned under an appeal aid certificate in respect of
        an appeal from the Court of First Instance to the Court of Appeal a
        fee of $9160 and additionally if the appeal is not concluded on the
        day on which it started, a daily fee of not less than $1150 and not
        exceeding $5910 in respect of the second and every subsequent day;
        (L.N. 101 of 1991; L.N. 119 of 1995; L.N. 235 of 1997; 25 of 1998 s.
        2; L.N. 174 of 2003)

   (ab) to a solicitor assigned under an appeal aid certificate in respect of
        an appeal from the District Court to the Court of Appeal a fee of
        $7330 and additionally if the appeal is not concluded on the day on
        which it started, a daily fee of not less than $910 and not exceeding
        $4760 in respect of the second and every subsequent day; (L.N. 101 of
        1991; L.N. 119 of 1995; L.N. 235 of 1997; L.N. 174 of 2003)

   (b)  to a solicitor assigned under a legal aid certificate in respect of
        proceedings in the District Court a fee of $4840; and additionally, if
        the trial is not concluded on the day on which it started, a daily fee
        of not less than $1160 and not exceeding $2900 in respect of the
        second and every subsequent day; (L.N. 70 of 1973; L.N. 289 of 1979;
        L.N. 83 of 1987; L.N. 87 of 1990; L.N. 101 of 1991; L.N. 351 of 1992;
        L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235 of 1997; L.N. 174 of
        2003)

   (c)  to a solicitor assigned under a legal aid certificate to act as
        advocate as well as instructing solicitor in respect of proceedings in
        the District Court a fee not exceeding $16800 and additionally if
        the trial is not concluded on the day on which it started, a daily fee
        not exceeding $9310 in respect of the second and every subsequent day;
        (L.N. 101 of 1991; L.N. 351 of 1992; L.N. 154 of 1994; L.N. 119 of
        1995; L.N. 235 of 1997; L.N. 174 of 2003)

   (d)  to counsel assigned under a legal aid certificate in respect of
        proceedings in the Court of First Instance a fee not exceeding $20410
        or in the case of Senior Counsel, such fee as appears to the Director
        to be proper in the circumstances and additionally if the trial is not
        concluded on the day on which it started, such daily fee not exceeding
        one half of the fee allowed under this sub-paragraph in respect of the
        second and every subsequent day as appears to be proper in the
        circumstances; (L.N. 101 of 1991; L.N. 351 of 1992; L.N. 154 of 1994;
        L.N. 119 of 1995; L.N. 235 of 1997; 94 of 1997 s. 20; 25 of 1998 s. 2;
        L.N. 174 of 2003)

   (da) to counsel assigned under an appeal aid certificate in respect of an
        appeal from the Court of First Instance to the Court of Appeal a fee
        not exceeding $27210 or in the case of Senior Counsel, such fee as
        appears to the Director to be proper in the circumstances and
        additionally if the appeal is not concluded on the day on which it
        started, such daily fee not exceeding one half of the fee allowed
        under this sub-paragraph in respect of the second and every subsequent
        day as appears to be proper in the circumstances; (L.N. 101 of 1991;
        L.N. 119 of 1995; L.N. 235 of 1997; 94 of 1997 s. 20; 25 of 1998 s. 2;
        L.N. 174 of 2003)

   (db) to counsel assigned under an appeal aid certificate in respect of an
        appeal from the District Court to the Court of Appeal a fee not
        exceeding $21760 or in the case of Senior Counsel, such fee as appears
        to the Director to be proper in the circumstances and additionally if
        the appeal is not concluded on the day on which it started, such daily
        fee not exceeding one half of the fee allowed under this sub-paragraph
        as appears to be proper in the circumstances; (L.N. 101 of 1991; L.N.
        119 of 1995; L.N. 235 of 1997; 94 of 1997 s. 20; L.N. 174 of 2003)

   (e)  to counsel assigned under a legal aid certificate in respect of
        proceedings in the District Court, a fee not exceeding $13600 or, in
        the case of Senior Counsel, such fee as appears to the Director to be
        proper in the circumstances; and additionally, if the trial is not
        concluded on the day on which it started, a daily fee not exceeding
        one half of the fee allowed under this sub-paragraph in respect of the
        second and every subsequent day as appears to be proper in the
        circumstances; (L.N. 83 of 1987; L.N. 87 of 1990; L.N. 101 of 1991;
        L.N. 351 of 1992; L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235 of
        1997; 94 of 1997 s. 20; L.N. 174 of 2003)

   (f)  to Senior Counsel assigned under a legal aid certificate in respect of
        proceedings in the Court of First Instance, District Court or an
        appeal aid certificate, fees for such consultations approved by the
        Director at such hourly rate as appears to the Director to be proper
        in the circumstances; (94 of 1997 s. 20; 25 of 1998 s. 2)

   (g)  to counsel, other than Senior Counsel, assigned under a legal 
        aid certificate in respect of proceedings in the Court of First
        Instance, or an appeal aid certificate, fees for such conferences
        approved by the Director at such hourly rate, not exceeding $1080 per
        hour, as appears to the Director to be proper in the circumstances;
        (L.N. 83 of 1987; L.N. 87 of 1990; L.N. 101 of 1991; L.N. 351 of 1992;
        L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235 of 1997; 94 of 1997 s.
        20; 25 of 1998 s. 2; L.N. 174 of 2003)

   (h)  to counsel, other than Senior Counsel, assigned under a legal 
        aid certificate in respect of proceedings in the District Court, fees
        for such conferences approved by the Director at such hourly rate, not
        exceeding $880 per hour, as appears to the Director to be proper in
        the circumstances; (L.N. 83 of 1987; L.N. 87 of 1990; L.N. 101 of
        1991; L.N. 351 of 1992; L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235
        of 1997; 94 of 1997 s. 20; L.N. 174 of 2003)

   (i)  to counsel and solicitors assigned under an appeal aid  certificate in
        respect of appeals to, or applications for leave to appeal to, the
        Court of Final Appeal, such fees as appear to the Director to be
        proper in the circumstances; (L.N. 122 of 1982; 39 of 1999 s. 3)

   (j)  (Repealed L.N. 182 of 1993)

   (k)  to counsel and solicitors to whom an application or matter has been
        referred under rule 13A, such fees as appear to the Director to be
        proper in the circumstances; (L.N. 122 of 1982)

   (l)  to counsel or a solicitor assigned under a legal aid  certificate to
        act as advocate in respect of a preliminary inquiry, a fee not
        exceeding $8160 and additionally, if the inquiry is not concluded on
        the day on which it started, a daily fee not exceeding one half of the
        fee allowed under this sub-paragraph in respect of the second and
        every subsequent day as appears to be proper in the circumstances; (48
        of 1983 s. 5; L.N. 83 of 1987; L.N. 351 of 1992; L.N. 154 of 1994;
        L.N. 119 of 1995; L.N. 235 of 1997; L.N. 174 of 2003)

   (m)  to a solicitor assigned under a legal aid certificate to instruct
        counsel in respect of committal proceedings (including a preliminary
        inquiry), a fee of $2210 and additionally, if such proceedings are not
        concluded on the day on which they started, a daily fee not exceeding
        $1810 in respect of the second and every subsequent day as appears to
        be proper in the circumstances; (48 of 1983 s. 5; L.N. 83 of 1987;
        L.N. 351 of 1992; L.N. 154 of 1994; L.N. 119 of 1995; L.N. 235 of
        1997; L.N. 174 of 2003)

   (n)  to counsel or a solicitor assigned under a legal aid  certificate to
        act as advocate in committal proceedings otherwise than by way of a
        preliminary inquiry, a fee not exceeding $8160 and additionally, if
        such proceedings are not concluded on the day on which they started, a
        daily fee not exceeding $4080 in respect of the second and every
        subsequent day as appears to be proper in the circumstances; (48 of
        1983 s. 5; L.N. 83 of 1987; L.N. 87 of 1990; L.N. 351 of 1992; L.N.
        154 of 1994; L.N. 119 of 1995; L.N. 235 of 1997; L.N. 174 of 2003)

   (o)  to counsel or a solicitor settling a notice of appeal, other than
        grounds of appeal settled under rule 9(a), such fee not exceeding
        $2710 as appears to the Director to be proper in the circumstances;
        (L.N. 204 of 1984; L.N. 83 of 1987; L.N. 351 of 1992; L.N. 154 of
        1994; L.N. 119 of 1995; L.N. 235 of 1997; L.N. 174 of 2003)

   (p)  to any lawyer engaged under rule 7(1A), such fees as appear to the
        Director to be proper in the circumstances. (L.N. 157 of 1986)

(2) If in the opinion of a judge before whom a trial or appeal is heard the
case is of exceptional length or complexity, the judge may so certify and
thereupon-

   (a)  the fee payable to counsel under paragraph (1)(d); and

   (b)  the fee payable to a solicitor under paragraph (1)(a), may be
        increased by such amount as appears to the Director to be proper in
        the circumstances, and the daily fee provided for in paragraph (1)(a)
        or

   (d)  , as the case may be, may be increased proportionately. (L.N. 115 of
        1985)

(3) If in the opinion of a District Judge before whom a trial is heard the
case is of exceptional length or complexity, the judge may so certify and
thereupon-

   (a)  the fee payable to counsel under paragraph (1)(e) or to a solicitor in
        respect of his advocacy under paragraph (1)(c); and

   (b)  the fee payable to a solicitor under paragraph (1)(b), may be
        increased by such amount as appears to the Director to be proper in
        the circumstances, and the daily fee provided for in paragraph (1)(b),
        (c) or (e), as the case may be, may be increased proportionately.
        (L.N. 115 of 1985)

(4) In addition to the fees payable under paragraph (1), there shall be
payable to a solicitor-

   (a)  expenses actually and reasonably incurred by himself and his clerk in
        travelling to or from the court and to and from any place visited for
        the purpose of preparing or conducting any trial or appeal; and

   (b)  any other out-of-pocket expenses actually and reasonably incurred.

(5) Where a solicitor or counsel (other than Senior Counsel) represents 2 or
more accused persons or 2 or more appellants to whom he has been assigned by
the Director and who are tried together or whose appeals are heard together-
(94 of 1997 s. 20)

   (a)  the fee, including the daily fee, payable to a solicitor under
        paragraph (1)(a) or (b), may be increased by such amount as appears to
        the Director to be proper in the circumstances;

   (b)  the fee, including the daily fee, payable to-

        (i)    a solicitor under paragraph (1)(c) in respect of his advocacy;

        (ii)   counsel (other than Senior Counsel) under paragraph (1) (d) or

   (e)  , (94 of 1997 s. 20) may be increased by 10% for each additional
        accused person or appellant so represented up to a maximum of 50%
        where 6 or more accused persons or appellants are so represented.
        (L.N. 414 of 1981)

(6) Where in the Court of First Instance counsel represents 2 or more
appellants to whom he has been assigned by the Director and whose appeals are
heard on the same day, there shall be payable to counsel, in respect of all
the appeals, such fee in accordance with paragraph (1)(d) as appears to the
Director to be proper in the circumstances. (L.N. 83 of 1987; L.N. 87 of 1990;
25 of 1998 s. 2)

(7) A claim for fees shall be submitted to the Director in such form and
manner as he shall require. (L.N. 87 of 1990)