Hong Kong Regulations

LEGAL AID REGULATIONS - REGULATION 12

Conduct of proceedings by solicitors

(Past version on 09/06/2000).
(Past version on 30/06/1997).

(1) Every set of papers, whether delivered by the Director to a solicitor or
to counsel or by a solicitor to counsel, shall be marked

"Legal Aid" or "法律援助". (L.N. 326 of 1984; 32 of 2000 s. 48)

(2) Where it appears to the aided person's solicitor necessary for the proper
conduct of the proceedings to take or to apply to the court for leave to take
any one or more of the following steps, namely-

   (a)  to add any further party to the proceedings; or

   (b)  to bespeak any transcript of shorthand notes of any proceedings; or

   (c)  to lodge any interlocutory appeal; or

   (d)  to instruct more than one counsel; or

   (e)  to set up or set off any right or claim having the same effect as a
        cross-action (other than a counter-claim or set-off arising out of the
        same transaction and capable of being pleaded as a defence), or to
        reply to any right or claim so set up or so set off by any other
        party; or

   (f)  to file any counter-claim, cross-petition or cross-appeal; or (L.N.
        235 of 1988; L.N 147 of 2000)

   (g)  to represent the aided person at an inquest into the death of a person
        under the Coroners Ordinance ( Cap 504) which gives rise to the
        proceedings to which the certificate relates, (L.N. 147 of 2000) he
        shall (unless the certificate provides for the act in question to be
        done) apply to the Director for authority so to do, and no payment
        shall be allowed on taxation for any such step taken without the
        approval of the Director.

(3) The Director may give general authority to solicitors acting for aided
persons in any particular class of case to obtain experts' opinion and to
tender expert evidence, and if so he shall state the maximum fee to be paid
for any report or opinion or expert witness.

(4) Where it appears to an aided person's solicitor necessary for the proper
conduct of the proceedings either-

   (a)  to obtain a report or opinion of one or more experts or to tender
        expert evidence in a case of a class not included in any general
        authority under paragraph (3); or

   (b)  in a case of a class so included, to pay a higher fee than that stated
        by the Director or to obtain more reports or opinions or to tender
        more experts as witnesses than have been authorized, he may apply to
        the Director for authority so to do and if the Director gives
        authority he shall state the maximum number of reports or opinions
        that may be obtained or the maximum number of persons who may be
        tendered to give expert evidence and the maximum total fee to be paid
        therefor.

(5) Save as provided by this regulation, no payment shall be made for the
report or opinion of an expert or for expert's evidence tendered by or on
behalf of an aided person.

(6) Where it appears to the aided person's solicitor necessary for the proper
conduct of the proceedings for an act to be done, but that act is either
unusual in its nature or involves unusually large expenditure, he shall
request the Director's prior approval of the act, and, where such prior
approval has been obtained, no question as to the propriety of the act shall
be raised on taxation as between solicitor and client. (L.N. 326 of 1984)

(7) Without prejudice to the right of solicitor or counsel to give up a case
for good reason, any solicitor or counsel may give up an aided person's case
if, in his opinion, the aided person has required the proceedings to be
conducted unreasonably so as to incur an unjustifiable expense to the Director
or has required unreasonably that the proceedings be continued.

(8) Where any solicitor or counsel exercises the right to give up an aided
person's case-

   (a)  under the provisions of paragraph (7); or

   (b)  on the ground that the aided person has wilfully failed to provide the
        information to be furnished by him or in furnishing such information
        has knowingly made a false representation, the solicitor or counsel
        shall make a report to the Director of the circumstances in which that
        right was exercised.

(9) An aided person's solicitor shall give the Director such information
regarding the progress and disposal of proceedings to which the certificate
relates as the Director may from time to time require for the purpose of
performing his functions under the Ordinance and without prejudice to the
generality of the preceding words, a solicitor who has acted or is acting for
an aided person, on being satisfied that the aided person has died or has had
a receiving order made against him, shall report the facts to the Director.

(10) A solicitor shall not be precluded, by reason of any privilege arising
out of the relationship between solicitor and client from disclosing to the
Director any information or from giving any opinion which may enable the
Director to perform his functions under the Ordinance.

(11) The Director may at any time, while a certificate is in force, pay to the
aided person's solicitor such sums as the Director may approve for
disbursements to be made by the solicitor in respect of the proceedings to
which the certificate relates. Where such approval is obtained, no question
shall be raised on taxation as between solicitor and client as to the
propriety of any disbursements made in accordance with such approval. (L.N. 56
of 1967)