Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 9

Power of Director to make inquiries

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

Where an application for legal aid is made under the provisions of section  8
, the Director may-

   (a)  make such inquiries as he thinks fit as to the means of the applicant
        and as to the merits of the case and, for the purpose of the latter,
        he shall be entitled to be supplied free of charge-

        (i)    with a copy of the minute or relevant extract from the register
               referred to in section 35A of the Magistrates Ordinance (
               Cap. 227) in any relevant proceedings and in accordance with
               the provisions of that section;

(ia) with a copy of the pleadings and any other document in any relevant
proceedings; (Added 27 of 1991 s. 8)

        (ii)   with a transcript of the evidence in any proceedings to which
               the application relates and, in the event of there being any
               other relevant proceedings (being proceedings to which
               subparagraph (i) does not relate), with a transcript of the
               relevant evidence in such other proceedings and also, if such
               other proceedings are criminal proceedings, of the judge's
               summing up in such other proceedings; (Replaced 54 of 1984 s.7)

   (b)  require the applicant to furnish such information and such documents
        as the Director may require for the purpose of considering the
        application;

   (c)  require the applicant to attend personally before the Director;

   (d)  if the application does not relate to an appeal to, or an application
        for leave to appeal to, the Privy Council, refer the application, or
        any matter arising out of the application, to counsel or solicitor,
        whose name is on the appropriate panel, to investigate the facts and
        make a report thereon or to give any opinion thereon or on any
        question of law arising out of the application; (Amended 14 of 1982
        s.4)

   (da) if the application relates to an appeal to, or an application for
        leave to appeal to, the Privy Council, refer the application for
        legal  aid, or any matter arising out of the application, to any
        counsel or solicitor to investigate the facts and make a report
        thereon and to give an opinion thereon or on any question of law
        arising out of the application for legal aid; (Added 14 of 1982 s.4)

   (e)  take or cause to be taken such steps as may be necessary to conserve
        the interests of the applicant or of any person on whose behalf the
        applicant is acting pending determination of his application; (Amended
        54 of 1984 s.7)

   (f)  defray expenses incidental to any of the foregoing matters out of any
        funds in his control which are available for the purpose.