Hong Kong Regulations

LEGAL AID REGULATIONS - REGULATION 5

Issue of certificate

(Past version on 30/06/1997).

(1) A certificate may be issued in respect of the whole or a part of-

   (a)  proceedings in a court of first instance; or

   (b)  proceedings in an appellate court. No certificate shall relate to
        proceedings (other than interlocutory appeals) both in a court of
        first instance and in an appellate court.

(2) (Repealed L.N. 326 of 1984)

(3) In assessing the amount of contribution, if any, payable in respect of any
proceedings, the Director shall have regard to their probable cost and, save
as is hereinafter provided, shall not assess an amount in excess of any
maximum amount of contribution provided for by the Ordinance. Where the
probable cost of the proceedings exceeds the maximum amount of contribution,
the Director shall save as aforesaid assess that maximum as the amount of
contribution payable in respect of the proceedings.

(4) Where an application is approved relating to-

   (a)  proceedings (other than interlocutory proceedings) in an appellate
        court in any action, cause or matter, in which the applicant was an
        aided person in the court below; or

   (b)  proceedings by way of a new trial ordered by an appellate court before
        whom the applicant was an aided person, the Director shall not
        redetermine the applicant's financial resources, but shall save as
        hereinafter provided assess the amount of contribution, if any,
        payable in respect of the proceedings at an amount not greater than
        the maximum contribution determined by the Director in relation to the
        previous proceedings less any amount assessed by him in respect of
        those proceedings: (L.N. 194 of 1992; L.N. 147 of 2000) Provided
        nothing in this paragraph shall prevent the Director from exercising
        at any time his powers under regulation 6B. (L.N. 326 of 1984)

(5) In fixing the method by which any contribution shall be paid, the Director
shall have regard to all the circumstances, including the probable length of
time which any certificate issued as a result of the application will be in
force, and may order the contribution to be paid in instalments or the whole
or a part of it to be paid before a certificate is issued.

(6) After the Director has approved an application for a certificate he shall
notify the applicant-

   (a)  of the maximum amount of his contribution as determined by him; and

   (b)  of the terms upon which a certificate will be issued to him.

(7) An applicant who wishes a certificate to be issued to him on the terms
notified by the Director shall within 14 days of being so notified, or within
such further period as the Director may allow, signify his acceptance of those
terms in the form determined by the Director and shall lodge it with the
Director. (L.N. 326 of 1984; L.N. 194 of 1992; L.N. 147 of 2000)

(8) (Repealed L.N. 147 of 2000)

(9) When an applicant has complied with such of the provisions of paragraph
(7) as may be relevant to his case, the Director shall issue a certificate in
the form determined by the Director. (L.N. 147 of 2000)

(10) Nothing in paragraph (3), (4) or (6)(a) shall apply where legal aid is
granted under the Supplementary Legal Aid Scheme. (L.N. 147 of 2000)