Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 26

Appeal from decision of Director

(Past version on 30/06/1997).

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

(1A) This section shall not apply to an order or decision of the Director made
in relation to an application for legal aid to appeal to, or to apply for
leave to appeal to, the Court of Final Appeal. (Added 14 of 1982 s. 15.
Amended 79 of 1995 s. 50)

(1) An applicant for legal aid or an aided person who is aggrieved by any
order or decision of the Director made under any provision of this Ordinance
may appeal therefrom to the Registrar of the High Court in chambers. (Amended
40 of 1989 s. 8; 25 of 1998 s. 2)

(2) An appeal under this section shall be initiated by notice in writing to
attend before the Registrar of the High Court without a fresh summons, within
14 days of the order or decision complained of, or such further time as may be
allowed by the Registrar. (Amended 13 of 1995 s. 2; 43 of 1995 s. 10; 25 of
1998 s. 2)

(3) Unless otherwise ordered by the Registrar, there shall be at least one
clear day between service of the notice of the appeal and the day of hearing.

(3A) A person who appeals under this section has the right to representation
by counsel or a solicitor at his own expense on the hearing of the appeal.
(Added 43 of 1995 s. 10)

(4) A decision of the Registrar on an appeal under this section shall be
final, save that the Registrar may refer any appeal, and shall refer an appeal
against any decision of the Director under section 4(3), for decision of a
judge of the High Court in chambers, in which event the decision of the judge
shall be final. (Amended 25 of 1998 s. 2)

(4A) A hearing under this section may be conducted in either or both of the
official languages. (Added 51 of 1995 s. 10)

(5) The Registrar shall give written notice of the decision on an appeal under
this section to the Director and to the person who made the appeal and shall
adequately state in the notice the reasons for the decision. (Added 27 of 1991
s. 16)