Hong Kong Regulations

LEGAL AID IN CRIMINAL CASES RULES - RULE 8

Refusal to grant legal aid

(Past version on 30/06/1997).

(1) Where the Director is not satisfied that the accused person should be
granted legal aid, the Director shall refuse the application and shall file in
the appropriate court in Hong Kong a notice of his refusal in such form as he
may determine. (L.N. 70 of 1973; L.N. 136 of 1981; L.N. 412 of 1981; L.N. 122
of 1982; L.N. 199 of 1992)

(2) Where the Director is not satisfied that the financial  resources of the
accused person do not exceed the relevant amount specified in rule 4, the
refusal of the application shall be final and may not be disturbed. (L.N. 204
of 1984; L.N. 199 of 1992)

(3) Except in relation to an appeal to the Court of Final Appeal or an
application to the Court of Final Appeal for leave to make such an appeal,
where it appears to a judge or District Judge that an accused person appearing
before him should be granted legal aid notwithstanding that the Director
refused his application, the judge or District Judge may, subject to paragraph
(2), grant him a legal aid certificate, and the Director shall thereupon
assign a solicitor and, if the Director thinks fit, 1 or 2 counsel, one of
whom may be leading counsel, as the Director thinks fit, to represent the
accused person. (L.N. 122 of 1982; L.N. 323 of 1983; 79 of 1995 s. 50)