Hong Kong Regulations

LEGAL AID REGULATIONS - REGULATION 8

Discharge and revocation of certificates

(Past version on 30/06/1997).

(1) A certificate may be either discharged or revoked by the Director in the
circumstances specified in this regulation.

(2) The Director may discharge a certificate-

   (a)  at any time at the request of the person to whom it is issued;

   (b)  where an aided person has been required to make a contribution and any
        payment in respect thereof is more than 30 days in arrears;

   (c)  if he is satisfied that the proceedings to which the certificate
        relates have been disposed of;

   (d)  where he is satisfied that 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: Provided that a certificate shall
        not be discharged under this subparagraph until the aided person has
        been given an opportunity to show cause why the certificate should not
        be discharged;

   (e)  if he is satisfied-

        (i)    that the aided person has died; or

        (ii)   that the aided person has had a bankruptcy order made against
               him; (L.N. 147 of 2000)

   (f)  if he is satisfied that the aided person has failed to render to the
        counsel or solicitor assigned to him any assistance necessary or
        desirable to enable such counsel or solicitor to discharge in a proper
        or adequate manner his duties as counsel or solicitor to such person;
        (L.N. 326 of 1984; L.N. 194 of 1992)

   (fa) if he is satisfied that the financial resources of an aided person
        exceed the limits prescribed in section 5 or 5A of the Ordinance:
        Provided that a certificate shall not be discharged under this
        subparagraph until the aided person has been given an opportunity to
        show cause why the certificate should not be discharged; (L.N. 147 of
        2000)

   (g)  where an aided person has been outside Hong Kong for a continuous
        period exceeding 6 months. (L.N. 194 of 1992)

(2A) Notwithstanding paragraph (2)(fa) and without prejudice to regulation 6B,
the Director need not discharge a certificate by reason of the circumstances
referred to in that paragraph if he is satisfied that it is appropriate not to
do so. (L.N. 147 of 2000)

(3) The Director shall discharge a certificate if he considers that the aided
person no longer has reasonable grounds for taking, defending or being a party
to the proceedings or, as the case may be, that it is unreasonable in the
particular circumstances for him to continue to receive legal aid: Provided
that a certificate shall not be discharged under this paragraph until the
aided person has been given an opportunity to show cause why the certificate
should not be discharged. (L.N. 147 of 2000)

(4) The Director may revoke or discharge a certificate if he is satisfied that
an aided person-

   (a)  has knowingly made a false statement or false representation
        concerning any information furnished by him; or

   (b)  has wilfully failed-

        (i)    to disclose his financial resources;

        (ii)   to disclose any material fact concerning his financial
               resources;

        (iii)  to make a true and correct disclosure of his financial
               resources;

        (iv)   to comply with any regulation as to information to be furnished
               by him;

        (v)    to disclose any material fact concerning such information;

        (vi)   to comply with any regulation as to documents to be furnished
               by him;

        (vii)  to disclose any material fact concerning such documents;

        (viii) to comply with regulation 10 (duty of the person concerned to
               report change in financial circumstances) of the
               Legal Aid (Assessment of 
               Resources and Contributions) Regulations ( Cap 91 sub. leg.);
               or

        (ix)   to attend any interview when so required by the Director:
               Provided that a certificate shall not be revoked or, as the
               case may be, discharged under this subparagraph until the aided
               person has been given an opportunity to show cause why the
               certificate should not be revoked or discharged. (L.N. 194 of
               1992)

(5) At any time during the hearing of any proceedings to which an aided person
is a party the court may, upon application by or on behalf of any other party
to the proceedings or by the Director, consider whether the aided person-

   (a)  has wilfully failed to comply with any regulation as to the
        information to be furnished by him; or

   (b)  in furnishing any such information has knowingly made a false
        statement or false representation, and on any such application the
        court may make an order revoking the certificate or discharging it
        from such date as may be appropriate and the court's decision shall be
        final: Provided that no order shall be made under this paragraph until
        the aided person has been given an opportunity to show cause why the
        certificate should not be revoked, or, as the case may be, discharged.

(6) When the Director revokes or discharges an aided person's certificate he
shall forthwith issue a notice of discharge or revocation to the aided person.

(7) Where the certificate so revoked or discharged has been filed in the
registry of any court, the Director shall forthwith file a notification in the
form determined by him with the registry of such court. (L.N. 326 of 1984;
L.N. 194 of 1992)

(8) When the court makes an order revoking or discharging an aided person's
certificate, the officer of the court shall forthwith inform the Director.