Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 21

Adaptation of rights to indemnity

(1) This section shall have effect for the purpose of adapting in relation to
this Ordinance any right (however and whenever created or arising) which a
person may have to be indemnified against expenses incurred by him.

(2) In determining for the purposes of any such right the reasonableness of
any expenses, the possibility of avoiding them or part of them by taking
advantage of this Ordinance shall be disregarded.

(3) Where a person having any such right to be indemnified against expenses
incurred in connection with any proceedings receives legal aid in connection
with those proceedings, then (without prejudice to the effect of the indemnity
in relation to his contributions, if any, to the Director) the right shall
operate also for the benefit of the Director as if the expenses incurred by
the Director on behalf of the said person in connection with the proceedings
had been incurred by such person.

(4) Where-

   (a)  a person's right to be indemnified against expenses incurred in
        connection with any proceedings arises by virtue of an agreement and
        is subject to any express condition conferring on those liable
        thereunder any right with respect to the bringing or conduct of the
        proceeding; and

   (b)  those liable have been given a reasonable opportunity of exercising
        the right so conferred and have not availed themselves of that
        opportunity, the right to be indemnified shall be treated for the
        purposes of subsection (3) as not being subject to that condition.

(5) Nothing in subsections (3) and (4) shall be taken as depriving any person
or body of persons of the protection of any law or, save as provided in
subsection (4), as conferring any larger right to recover money for the
benefit of the Director in respect of any expenses than the person receiving
legal aid would have had if the expenses had been incurred by him.

(6) Where under subsection (3) a person's right to be indemnified against
expenses incurred in connection with any proceedings operates for the benefit
of the Director, any sum recovered for the benefit of the Director shall be
deducted from the total of all sums payable by the Director in respect of such
proceedings and the balance remaining shall be the maximum recoverable from
such person.