Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 26 of 1999 s.
3

(1) In this Ordinance, unless the context otherwise requires- "aided person"
(受助人) means a person to whom has been granted a legal aid  certificate
which is still in force; (Amended 54 of 1984 s. 2) "assignment" and "assigned"
(指派) include assignment of solicitor or counsel by the Director, selection
of solicitor or counsel by an aided  person and briefing of counsel by a
solicitor; "contribution" (分擔費用) means the contribution payable under
this Ordinance by an aided person or formerly aided person to the costs and
expenses of legal aid; (Added 54 of 1984 s. 2) "counsel" (大律師) means a
person who is enrolled as a barrister on the roll of barristers maintained in
accordance with the provisions of the Legal  Practitioners Ordinance (
Cap 159), and who, at the material time, is not suspended from practice;
(Amended 14 of 1982 s. 2; 79 of 1995 s. 50) "court" (法院) means any court,
tribunal or person in respect of proceedings before which legal aid may be
granted but does not include the Court of Final Appeal; (Amended 14 of 1982 s.
2; 79 of 1995 s. 50) "Director" (署長) means the Director of Legal Aid
appointed under the provisions of section 3 and any Deputy Director of
Legal Aid, Assistant Director of Legal Aid and Legal Aid Officer so appointed;
(Amended 24 of 1983 s. 2; 54 of 1984 s. 2) "domestic proceedings"
(家事法律程序) means proceedings under the Matrimonial 
Proceedings and Property Ordinance ( Cap 192), the Matrimonial Causes 
Ordinance ( Cap 179), the Guardianship of Minors Ordinance ( Cap 13), the
Separation and Maintenance Orders Ordinance ( Cap 16), the Affiliation 
Proceedings Ordinance ( Cap 183) or the Parent and Child Ordinance ( Cap 
429); (Added 43 of 1995 s. 2) "financial resources" (財務資源) means
financial resources as determined in the prescribed manner; (Added 27 of 1991
s. 2) "Fund" (計劃基金) means the Supplementary Legal Aid Fund established
under section 29; (Added 54 of 1984 s. 2) "guardian" (監護人), in relation
to an infant, includes, without prejudice to the generality of the expression,
such person as the Director considers might properly be appointed by the court
to be the next friend or guardian ad litem of the infant; "income" (收入),
"disposable income" (可動用收入) and "disposable capital" (可動用資
產) mean income, disposable income or disposable capital as determined in the
prescribed manner; (Added 54 of 1984 s. 2) "infant" (幼年人) means an
unmarried person who has not attained the age of 18 years; (Added 27 of 1991
s. 2) "judge" (法官) means a judge of the High Court or the District Court,
as the case may be; (Amended 25 of 1998 s. 2) "legal aid" (法律援助) means
legal aid granted under the provisions of this Ordinance; "legal aid
certificate" (法律援助證書) means a legal aid certificate granted under
section 10; "Legal Aid Officer" (法律援助主任) means an officer
appointed to a post of and serving as, or lawfully performing the functions of
any of the officers designated in Schedule 1; (Added 24 of 1983 s. 2) "order
for costs" (繳付訟費命令) includes any judgment, order, decree, award or
direction by a court or the Court of Final Appeal for the payment of the costs
of one party in the proceedings by another party, whether given or made in
those proceedings or not; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50) "panel"
(名冊) means the appropriate panel maintained in accordance with section 4;
"person" (人、人士) does not include a body of persons corporate or
unincorporate so as to authorize legal aid to be granted to such a body;
"prescribed" (訂明) means prescribed by regulations made under section 28;
(Added 54 of 1984 s. 2) "proceedings" (法律程序) includes-

   (a)  legal proceedings;

   (b)  negotiations prior to the issue of legal proceedings, including
        mediation, and for the payment of compensation by the Motor Insurers'
        Bureau for which no legal proceedings are issued;

   (c)  an application to the Mental Health Review Tribunal; (Added 43 of 1995
        s. 2) "Registrar" (司法常務官) means the Registrar of the High
        Court and, for the purposes of any proceedings before the Court of
        Final Appeal, includes the Registrar of the Court of Final Appeal;
        (Added 14 of 1982 s. 2. Amended 79 of 1995 s. 50; 25 of 1998 s. 2)
        "solicitor" (律師) means a person enrolled on the roll of solicitors
        maintained in accordance with the provisions of the
        Legal Practitioners  Ordinance ( Cap 159), and who, at the material
        time, is not suspended from practice; (Amended 14 of 1982 s. 2; 54 of
        1984 s. 2; 79 of 1995 s. 50) "Supplementary Legal Aid Scheme"
        (法律援助輔助計劃) means the provisions under this Ordinance
        for the grant of legal aid where section 5A applies; (Added 54 of 1984
        s. 2) "transcript" (謄本) includes the transcript of the official
        shorthand note and any official typescript of the judge's manuscript
        note. (Added 54 of 1984 s. 2. Amended 79 of 1995 s. 50) (Amended 79 of
        1995 s. 50)

(2) Any references in this Ordinance to proceedings, an application, an order
or a decision relating to or in connection with an appeal to, or an
application for leave to appeal to, the Court of Final Appeal shall include
proceedings, applications, orders and decisions relating to or in connection
with any opposition to such an appeal or application for leave to appeal.
(Added 14 of 1982 s. 2. Amended 79 of 1995 s. 50)

(3) The Chief Executive may, by order, amend Schedule 1. (Added 24 of 1983 s.
2. Amended 26 of 1999 s. 3) "aided person" (受助人) "assignment" and
"assigned" (指派) "contribution" (分擔費用) "counsel" (大律師)
"court" (法院) "Director" (署長) "domestic proceedings"
(家事法律程序) "financial resources" (財務資源) "Fund"
(計劃基金) "guardian" (監護人) "income" (收入), "disposable income"
(可動用收入) and "disposable capital" (可動用資 產) "infant"
(幼年人) "judge" (法官) "legal aid" (法律援助) "legal aid
certificate" (法律援助證書) "Legal Aid Officer" (法律援助主任)
"order for costs" (繳付訟費命令) "panel" (名冊) "person"
(人、人士) "prescribed" (訂明) "proceedings" (法律程序) "Registrar"
(司法常務官) "solicitor" (律師) "Supplementary Legal Aid Scheme"
(法律援助輔助計劃) "transcript" (謄本)