Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 9A

Legal aid in criminal cases

(1) Subject to subsection (1A), the Rules Committee may, with the approval of
the Legislative Council, make rules providing for the granting of legal aid in
criminal cases to persons of limited means which rules, in particular, may-
(Amended 13 of 1995 s. 24; 37 of 1996 s. 2)

(a) make provision as to the information to be given by a person seeking or
receiving legal aid;

   (b)  make provision as to the manner in which the rate of a person's
        disposable income and the amount of his disposable capital are to be
        computed for the purpose of the rules and the person or authority by
        whom such computation shall be made;

   (c)  determine whether any resources are to be treated as disposable income
        or disposable capital and for taking into account fluctuations of
        income;

   (d)  determine the contribution towards costs and expenses to be made by a
        person receiving legal aid;

   (e)  determine the extent to which any resources of a person's husband or
        wife shall be treated as that person's resources for the purpose of
        the rules;

   (f)  provide, in relation to infants and in other special cases, for taking
        into account the resources of other persons;

   (g)  prescribe the scale of fees and costs which shall be paid to solicitor
        or counsel acting for an aided person (or submitting any opinion for
        the purpose of the rules);

   (h)  prescribe any forms to be used for the purpose of the rules.

(1A) Rules may be made under subsection (1) for the granting of legal aid to
accused persons who are not represented by counsel or solicitor (and whether
or not such persons are of limited means) for the purposes of assisting the
court, within the meaning of section 75(6), in its consideration of the
question of fitness to be tried of such persons. (Added 37 of 1996 s. 2)

(2) The expenses of legal aid granted under such rules shall be met from
moneys provided by the Legislative Council. (Added 15 of 1969 s. 3)(See also
Cap 91 s. 28(2))