Hong Kong Regulations

LEGAL AID IN CRIMINAL CASES RULES - RULE 3

Panels of counsel and solicitors

(1) The Director shall prepare and maintain separate panels of counsel and
solicitors enrolled on the rolls of barristers and solicitors maintained in
accordance with the provisions of the Legal Practitioners  Ordinance (
Cap 159) who are willing to act for aided persons. (L.N. 122 of 1982; L.N. 323
of 1983)

(2) (Repealed L.N. 323 of 1983)

(3) The Director shall enter in the appropriate panel any limitation as to the
number per annum and as to the type of proceedings in which a counsel or
solicitor is prepared to act for aided persons and shall give effect to such
limitation.

(4) Any counsel or solicitor shall be entitled to have his name included on
the appropriate panel, unless the Director is satisfied that there is good
reason for excluding him by reason of his conduct when acting or assigned to
act for persons receiving legal aid or of his professional conduct generally.
(L.N. 323 of 1983)

(5) The Director shall not include the name of a counsel or solicitor on a
panel unless he is satisfied that such counsel or solicitor has a
practising certificate, and shall remove from the panel the name of any
counsel or solicitor who does not have a practising certificate. (L.N. 323 of
1983)

(6) For the removal of doubt, it is hereby declared that where a solicitor is
assigned to an aided person for the purpose of any proceedings, any other
solicitor in the same firm as the solicitor assigned may act for such person
therein-

   (a)  except where the assignment is one to which rule 21(1)(c), (l) or (n)
        applies; or (L.N. 115 of 1985)

   (b)  in the case of an assignment to which rule 21(1)(c), (l) or (n)
        applies, if the Director gives his prior consent. (L.N. 115 of 1985)

(7) Subject to paragraph (8), a counsel or solicitor assigned to act for an
aided person shall not discontinue his aid without the leave of the Director.

(8) Nothing in this rule shall prejudice the right of counsel or solicitor to
refuse, or to give up, a case on reasonable grounds.

(9) Subject to paragraph (7), a counsel or solicitor may at any time request
the Director to remove his name from a panel, and the Director shall comply
with such request. (L.N. 323 of 1983)

(10) In this rule-

"practising certificate" (執業證書) means a practising certificate in
force under section 6 or 30 of the Legal Practitioners Ordinance ( Cap 159).

(11) Any counsel or solicitor who was entered on a panel maintained for the
purposes of this rule prior to the commencement of the Legal Aid in Criminal
Cases (Amendment) Rules 1983 (L.N. 323 of 1983) shall be deemed to be entered
on the appropriate panel maintained under this rule upon such commencement:
Provided that any such counsel or solicitor may request that an entry be made
under paragraph (3) limiting the type of proceedings in which he is prepared
to act by excluding therefrom any type of proceedings in which he had not
indicated willingness to act prior to such commencement, and the Director
shall comply with any such request. (L.N. 323 of 1983)

"practising certificate" (執業證書)