Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 19B

Disposal by Director of moneys paid to him

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Upon receipt of all moneys paid to him pursuant to section 19 or 19A, the
Director shall- (Amended 40 of 1989 s. 7)

   (a)  retain-

        (i)    any sum paid by virtue of an order or agreement for costs made
               in the aided person's favour;

        (ii)   a sum equal to the amount, if any, by which any property
               recovered or preserved is charged for the benefit of the
               Director by virtue of section 18A(1); and (Amended 60 of 1981
               s. 3)

        (iii)  any costs recovered in proceedings taken by the Director in his
               own name under regulations made under this Ordinance: Provided
               that where the Director is satisfied that it would cause
               serious hardship to any person to retain any such sum under
               this paragraph and that it is in all the circumstances just and
               equitable to reduce the sum to be so retained, the amount to be
               so retained shall be reduced by such amount not exceeding
               $57400 as the Director may determine; (Added 60 of 1981 s. 3.
               Amended 40 of 1989 s. 7; 8 of 1997 s. 5)

   (b)  pay to the Registrar of the High Court or the Registrar of the Court
        of Final Appeal any court fees and other fees and charges paid to him
        pursuant to section 19(1A); and (Amended 79 of 1995 s. 50; 25 of 1998
        s. 2)

   (c)  pay the balance to the aided person or, if the court so directs, to
        the court or to some other person. (Added 9 of 1968 s. 3)

(2) Notwithstanding subsection (1), where the Director is satisfied that-

   (a)  compliance with subsection (1)(a) would cause serious hardship to any
        person; and

   (b)  a payment will be received by him under section 19 or 19A, the
        Director may, upon receipt of any such payment, pay such proportion
        thereof as he thinks fit to theaided person without complying with
        subsection (1)(a). (Added 40 of 1989 s. 7)

(3) In this section, "court" (法院) includes the Court of Final Appeal.
(Added 79 of 1995 s. 50)

"court" (法院)