Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 19A

All moneys due to aided person to be paid to Director

(Past version on 30/06/1997).

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

(1) All moneys which may become payable to an aided person-

   (a)  by virtue of an order, including an order of the Court of Final
        Appeal, made in connection with the proceedings to which his
        legal aid  certificate relates; (Amended 79 of 1995 s. 50)

   (b)  by virtue of any agreement made in connection with the proceedings to
        which his legal aid certificate relates, whether such agreement be
        made before or after the proceedings are actually begun;

   (c)  being moneys paid into court or the Court of Final Appeal by him or on
        his behalf in connection with the proceedings to which his legal 
        aid certificate relates and ordered to be repaid to him; or (Amended
        79 of 1995 s. 50)

   (d)  being moneys standing in court or in the Court of Final Appeal to the
        credit of any proceedings to which his legal aid certificate relates,
        (Amended 79 of 1995 s. 50) shall be paid or repaid, as the case may
        be, to the Director unless the Director by notice in writing to the
        person responsible for payment and to the aided person directs
        otherwise. (Amended 14 of 1982 s. 14; 54 of 1984 s. 20)

(2) Subsection (1) shall not apply where any court or the Court of Final
Appeal, authority or person, in exercise of a power under any law, gives any
direction or exercises any discretion as to the payment of any sum to an
aided person, and in such case the court or the Court of Final Appeal,
authority or person shall provide that the sum payable to the aided person
shall be subject to a first charge to be retained by the court or the Court of
Final Appeal, authority or person for the benefit of the Director as a first
charge for any sum due to be paid or repaid to him under this Ordinance.
(Amended 27 of 1991 s. 12; 79 of 1995 s. 50)

(3) The provisions of this section shall apply in relation to all sums which
may become payable to an aided person, notwithstanding any provision in-

   (a)  the Employees' Compensation Ordinance ( Cap 282); or

   (b)  the High Court Ordinance ( Cap 4); or (Amended 25 of 1998 s. 2)

   (c)  any other law, which-

        (i)    restricts the payment of any sum to any person; or

        (ii)   prohibits the payment of any sum to any person.

(4) Only the Director shall be capable of giving a good discharge for moneys
which may become payable to the Director under this section.

(5) In this section reference to an "aided person" (受助人) includes an
aided person whose legal aid certificate has been revoked or discharged.
(Added 27 of 1991 s. 12) (Added 27 of 1967 s. 5)

"aided person" (受助人)