Hong Kong Regulations

LEGAL AID REGULATIONS - REGULATION 7

Emergency certificate

(1) Any person who desires legal aid as a matter of urgency may apply in the
manner and form determined by the Director for an emergency certificate:
Provided that no application for an emergency certificate may be made where
legal aid is sought under the Supplementary Legal Aid Scheme. (L.N. 326 of
1984; L.N. 194 of 1992)

(2) An application for an emergency certificate shall give such information as
may be requisite to enable the Director to determine whether-

   (a)  the applicant is likely to fulfil the conditions under which legal aid
        may be granted under the Ordinance; and

   (b)  it is in the interests of justice that the applicant should, as a
        matter of urgency, be granted legal aid, and shall furnish such
        additional information and documents (if any) as may be sufficient to
        constitute an application for a legal aid certificate under the
        Ordinance: Provided that, if it appears to the Director that the
        applicant cannot at the time of the application reasonably furnish
        that information, or any part of it, the Director shall nevertheless
        have power to issue an emergency certificate subject to such
        conditions as to the furnishing of additional information as he thinks
        reasonable.

(3) An emergency certificate shall be in the prescribed form. (L.N. 326 of
1984)

(4) An emergency certificate shall have the same effect in all respects as a
legal aid certificate.

(5) An emergency certificate shall remain in force for a period of 6 weeks, or
such longer period not exceeding 3 months as the Director may allow, and
unless within that period a legal aid certificate is issued in respect of the
proceedings to which the emergency certificate relates it shall at the end of
that period be deemed to have been revoked: Provided that if within that
period he decides to refuse the application for a legal aid certificate in
respect of proceedings to which the emergency certificate relates, the
Director shall forthwith revoke the emergency certificate.