Hong Kong Regulations

LEGAL AID IN CRIMINAL CASES RULES - RULE 4

Legal aid for accused persons and appellants

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

PART II

GRANT OF LEGAL AID

(1) Subject to any requirement to make contributions under Part III- (L.N. 204
of 1984)

   (a)  an accused person committed for trial before the Court of First
        Instance may be granted legal aid under these rules for the
        preparation and conduct of his defence and for any plea arising from
        the indictment;

(25 of 1998 s. 2)

   (aa) an accused person in respect of whom proceedings have been transferred
        to the Court of First Instance under section 4 of the Complex 
        Commercial Crimes Ordinance ( Cap 394) may be granted legal aid under
        these rules for the preparation and conduct of his defence including
        any application for discharge under section 22 of that Ordinance and
        any appeal arising therefrom; (57 of 1988 s. 33; 25 of 1998 s. 2)

   (b)  a person charged before the District Court with any offence may be
        granted legal aid under these rules for the preparation and conduct of
        his defence and for any plea arising from the charge sheet; (L.N. 70
        of 1973; L.N. 64 of 1978)

   (c)  a person convicted of any offence before the Court of First Instance
        or the District Court may be granted legal aid under these rules for
        any appeal to the Court of Appeal and in any proceedings preliminary
        or incidental thereto; (25 of 1998 s. 2)

   (ca) a prescribed prisoner within the meaning of section 67C of the
        Ordinance may be granted legal aid under these rules for the purposes
        of any proceedings instituted under that section and any appeal or
        other proceedings arising therefrom or preliminary or incidental
        thereto; (22 of 2004 s. 4)

   (d)  the respondent in an appeal to the Court of Appeal under section 84 of
        the District Court Ordinance ( Cap 336) may be granted legal  aid
        under these rules for the appeal and in any proceedings preliminary or
        incidental thereto; (L.N. 169 of 1969)

   (e)  a respondent referred to in section 81A of the Ordinance may be
        granted legal aid under these rules for the hearing of an application
        for the review of any sentence under that section; (L.N. 167 of 1972)

   (f)  a person who is convicted by, or aggrieved by, an order or
        determination of a magistrate in respect of or in connexion with any
        offence may be granted legal aid under these rules for the purpose of
        any appeal to the Court of First Instance and any proceedings
        preliminary or incidental thereto; (L.N. 148 of 1973; 25 of 1998 s. 2)

   (g)  a respondent in an appeal by way of case stated by the Secretary for
        Justice under section 105 of the Magistrates Ordinance ( Cap  227) may
        be granted legal aid under these rules for the appeal and in any
        proceedings preliminary or incidental thereto; (L.N. 65 of 1976; L.N.
        362 of 1997)

   (h)  a person convicted of any offence may be granted legal aid under these
        rules for any appeal to, or any application for leave to appeal to,
        the Court of Final Appeal and any proceedings preliminary or
        incidental thereto; (L.N. 122 of 1982; 79 of 1995 s. 50)

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

   (j)  an accused person in respect of whom a magistrate has appointed a
        return day for the continuation of committal proceedings may be
        granted legal aid under these rules for the preparation and conduct of
        his defence including any application for discharge under section 16
        and any appeal arising therefrom; (48 of 1983 s. 5; L.N. 204 of 1984)

   (k)  a person ordered to appear before the Court of First Instance or the
        District Court to be dealt with under the Community Service Orders 
        Ordinance ( Cap 378) may be granted legal aid under these rules for
        the purpose of the proceedings; (L.N. 115 of 1985; L.N. 157 of 1986;
        25 of 1998 s. 2)

   (l)  a person who is to be dealt with by a judge of the District Court
        under section 20 or 21 of the District Court Ordinance ( Cap 336) may
        be granted legal aid under these rules for the purpose of the
        proceedings, (L.N. 115 of 1985; L.N. 157 of 1986) if the Director is
        satisfied that his financial resources do not exceed the limits
        specified in section 5 of the Legal Aid Ordinance ( Cap 91) in
        relation to the grant of legal aid under that Ordinance. (L.N. 427 of
        1982; L.N. 323 of 1983; L.N. 115 of 1985; L.N. 199 of 1992)

(2) Where a person has been granted legal aid for any matter specified in
paragraph (1) he may also be granted legal aid for any proceedings arising out
of or connected with such matter, including any application for bail or an
appeal against refusal to grant bail. (L.N. 204 of 1984)

(3) Where an accused person has been granted legal aid under paragraph (1)(a),
(b) or (j) and a letter of request has been issued by the Court of First
Instance under section 77E of the Evidence Ordinance ( Cap 8) addressed to a
court or tribunal exercising jurisdiction in a place outside Hong Kong, he may
also be granted legal aid for any proceedings in that court or tribunal in
connection with the letter of request. (L.N. 157 of 1986; 25 of 1998 s. 2)