Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 26A

Appeal from decision of Director in Court of Final Appeal matters

(Past version on 30/06/1997).

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

(1) An applicant for legal aid or an aided person who is aggrieved by any
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 may bring the order or decision on review before a committee composed
of- (Amended 40 of 1989 s. 9; 79 of 1995 s. 50)

   (a)  the Registrar of the High Court, who shall be chairman;

   (b)  a barrister qualified to practise in Hong Kong who is eligible to be
        appointed as a judge of the High Court and who is appointed by the
        Chairman of the Hong Kong Bar Association; and

   (c)  a solicitor qualified to practise in Hong Kong who has practised as a
        solicitor for not less than 10 years in a common law jurisdiction and
        who is appointed by the President of The Law Society of Hong Kong.
        (Amended 25 of 1998 s. 2)

(2) The chairman may appoint a public officer to be secretary of the
committee.

(2A) (Repealed 25 of 1998 s. 2)

(3) A review shall be initiated by notice in writing delivered to the Director
and the chairman within 28 days of the order or decision complained of or
within such longer period as the chairman may allow and the notice shall be
accompanied by a certificate by counsel practising in Hong Kong stating that
the person aggrieved has a reasonable prospect of success in the appeal and
the grounds for that opinion.

(4) The committee may-

   (a)  make such inquiries as it thinks fit as to the means and condition of
        the applicant and as to the merits of his case;

   (b)  require the applicant to furnish such information and such documents
        as the committee thinks fit;

   (c)  require the applicant to appear personally before the committee; and

   (d)  receive evidence and, for that purpose, administer an oath.

(5) The applicant and the Director shall be entitled to appear personally
before the committee or by counsel or solicitor and may submit representations
in writing. (Amended 54 of 1984 s.23)

(6) The committee may, if it is satisfied that the person aggrieved has a
reasonable prospect of success on appeal, and that it is reasonable in the
particular circumstances of the case that he should be granted legal aid,
reverse or vary the order or decision of the Director refusing or limiting
legal aid in respect of the appeal and may direct the Director to grant a
legal aid certificate to him under section 10; and if not so satisfied it
shall affirm the order or decision of the Director. (Replaced 54 of 1984 s.23)

(7) A decision of the committee under subsection (6) shall be final.

(8) The chairman may, if he thinks fit, order that-

   (a)  such fee of counsel for the certificate mentioned in subsection

(3); and

   (b)  such fees and expenses of counsel or solicitor appearing before the
        committee under subsection (5), as determined by the chairman as being
        proper in the circumstances, shall be paid by the Director out of
        funds under his control which are available for that purpose.

(9) The expenses of the committee, including such reasonable fees of the
barrister and solicitor members as may be determined by the chairman, shall be
paid by the Director from moneys provided by the Legislative Council.

(10) The chairman 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. 17) (Added 14 of 1982 s. 16)