Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 3

Appointments

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

(1) The Governor may appoint a person to be the Director of Legal  Aid and may
also appoint such number of Deputy Directors of Legal Aid, Assistant Directors
of Legal Aid and Legal Aid Officers as he may think fit. (Amended 24 of 1983
s.3)

(2) No person shall be appointed to be, or shall act temporarily as, the
Director of Legal Aid or a Deputy Director of Legal Aid or an Assistant
Director of Legal Aid or a Legal Aid Officer unless he is qualified to
practise as a legal practitioner in Hong Kong, the United Kingdom or in a
jurisdiction listed in Schedule 1 to the Legal  Practitioners Ordinance (
Cap. 159). (Amended 24 of 1983 s. 3; 27 of 1991 s. 3)

(3) Every person holding an appointment under subsection (1) shall, when
performing any duty or exercising any power under this Ordinance or under
rules made pursuant to section 9A of the Criminal Procedure  Ordinance (
Cap. 221), have all the rights, powers, privileges, and duties of a barrister
and solicitor duly admitted under the Legal Practitioners  Ordinance (
Cap. 159), including a right of audience before any court: Provided that no
such person shall undertake or conduct as counsel the case for a defendant at
the trial of such defendant in any criminal cause or matter or conduct any
appeal on behalf of any such defendant in any criminal cause or matter.
(Replaced 58 of 1972 s.2. Amended 48 of 1983 s.2)

(4) Notification in the Gazette to the effect that a person has been appointed
to any of the offices referred to in subsection (1), or has ceased to hold any
such office, shall be sufficient proof of the facts stated in the notice.
(Added 58 of 1972 s.2)