Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 32

Contributions for benefit of the Fund

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

(1) Where legal aid is granted to any person under the
Supplementary Legal Aid Scheme no contribution shall be payable by the
aided person unless such person is successful, either in whole or in part, in
the proceedings brought by him with the assistance of such legal aid and, if
he is successful a contribution shall be payable by him to the Director for
the benefit of the Fund in an amount equivalent to-

   (a)  the sums paid or payable on his account out of the Fund;

   (b)  the costs incurred on his behalf; and

   (c)  such percentage as may be prescribed of the value of any property
        (wherever situate) recovered or preserved for the aided person in such
        proceedings whether on his own behalf or on behalf of another, and
        there shall be deducted from the amount of the contribution any sums
        recovered under an order or agreement for costs and such other sums as
        may be prescribed.

(2) No contribution payable under this section shall exceed the value of the
property recovered or preserved for the aided person in the proceedings.

(3) The Director may by notice in writing to the aided person waive, either in
whole or in part, his rights to a contribution under this section where he is
satisfied that it would cause serious hardship to any person to rely on such
rights and it is in all the circumstances just and equitable to do so.

(4) Nothing in subsection (1) or (2) shall prevent the recovery from a
formerly aided person, in such manner and amount as may be prescribed, of the
costs and expenses of legal aid under the Supplementary  Legal Aid Scheme
incurred prior to the revocation or discharge of his legal aid certificate
upon such revocation or discharge whether or not such person continues the
proceedings and whether or not the proceedings are successful.

(5) For the purposes of this section proceedings shall be deemed to be
successful where property is recovered or preserved for the aided  person
either under a court order or under a compromise arrived at to avoid or bring
to an end the proceedings.

(6) References in this section to the property recovered or preserved for the
aided person in the proceedings shall be construed in accordance with
section 18A(3).