Hong Kong Ordinances

LEGAL AID ORDINANCE - SECT 28

Regulations

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Chief Executive in Council may make regulations prescribing any matter
which by this Ordinance is to be or may be prescribed and generally for the
better carrying out of this Ordinance. (Amended 26 of 1999 s. 3)

(2) Without prejudice to the generality of subsection (1), regulations may-

   (a)  regulate all matters relating to fees, charges and costs in relation
        to proceedings to which an aided person is a party;

   (b)  remit or provide for the remission of any fees or charges in any such
        proceedings;

   (c)  make provision as to the information to be given by a person seeking
        or receiving legal aid;

   (d)  make provision as to the proceedings which are or are not to be
        treated as distinct proceedings for the purposes of legal aid and as
        to the apportionment of sums recoverable or recovered by virtue of any
        order  for costs made generally with respect to proceedings treated as
        distinct proceedings;

   (e)  make provision as to the cases in which a person may be refused
        legal aid by reason of his conduct when seeking or receiving legal aid

(whether in the same or in a different matter);

   (f)  make provision for the recovery of sums due in respect of legal  aid
        and for making effective the charge created by this Ordinance on
        property recovered or preserved for an aided person, including
        provision-

        (i)    for the enforcement of any order or agreement for costs made in
               favour of a person who has received legal aid; and

        (ii)   for making counsel or solicitor's right to payment wholly or
               partly dependent on his performance of any duties imposed on
               him by regulations made for the purposes of this paragraph;

   (g)  make any provision necessary to meet the special circumstances where-

        (i)    a person seeks legal aid in a matter of special urgency;

        (ii)   a person begins to receive legal aid after having consulted
               counsel or solicitor in the ordinary way with respect to the
               same matter, or ceases to receive legal aid before the matter
               in question is finally settled; and

        (iii)  there is any relevant change of circumstances while a person is
               receiving legal aid;

   (h)  make provision as to the manner in which the rate of a person's
        financial resources, disposable income and the amount of his
        disposable  capital are to be computed for the purposes of this
        Ordinance including, without derogation from the generality of the
        foregoing, provision- (Amended 27 of 1991 s. 18)

   (i)  prescribing deductions in respect of the maintenance of dependants,
        interest on loans, rates, rent and other matters for which the person
        in question must or reasonably may provide and such further allowances
        as may be prescribed to take into account the nature of his resources;

        (ii)   determining whether any resources are to be treated as income
               or capital and for taking into account fluctuations of income;

        (iii)  treating the resources of a person's wife or husband as that
               person's resources except in so far as the regulations provide
               otherwise, and making provision, in relation to minors and
               other special cases, for taking into account the resources of
               other persons; (Replaced 54 of 1984 s. 25)

        (iv)   as to how the resources of a person receiving assistance under
               the Comprehensive Social Security Assistance Scheme
               administered by the Director of Social Welfare are to be
               treated for the purposes of determining the resources of that
               person; (Added 26 of 2000 s. 8)

        (i)    in the case of a person seeking or receiving legal aid under
               the Supplementary Legal Aid Scheme, make provision as to the
               manner in which that person's financial resources are to be
               determined including, without derogation from the generality of
               the foregoing, provision of the nature specified in paragraph
               (h)(i), (ii) and (iii); (Replaced 54 of 1984 s. 25. Amended 27
               of 1991 s. 18; 13 of 1995 s. 2)

   (j)  determine the contribution towards costs and expenses to be made by an
        aided person;

   (k)  ensure that the resources of a person seeking or receiving legal aid
        shall not be treated as including the subject matter of the dispute;

   (l)  in the case of a request for legal aid by the family of a deceased
        person in respect of an inquest into deaths under the Coroners 
        Ordinance ( Cap 504), determine the category of person to whom
        legal aid may be given under section 5; (Replaced 26 of 2000 s. 8)

   (m)  (Repealed 54 of 1984 s. 25)

   (n)  prescribe the extent and limit of the liability for costs of an
        aided person against whom an order for costs is made;

   (o)  prescribe the scale of fees which shall be paid to a solicitor or
        counsel submitting a report or opinion under section 9 or a
        certificate under section 16;

   (p)  prescribe the scale of fees and costs which shall be paid to a
        solicitor or counsel acting for an aided person;

   (pa) prescribe the rate of interest for the purposes of section  18A
        (3B)(b); (Added 27 of 1991 s. 18)

   (q)  provide for the cases in which and the extent to which an aided 
        person may be required to give security for costs and the manner in
        which it may be given;

   (r)  provide, either generally or specially, for the fees and costs of any
        officer holding office under section 3 in respect of any civil matter
        (whether contentious or non-contentious) in which he has occasion to
        act; (Added 58 of 1972 s. 3)

   (s)  modify any provision of this Ordinance so far as it appears to be
        necessary to meet the circumstances where a person seeking or
        receiving legal aid-

        (i)    is not resident in Hong Kong;

        (ii)   is concerned in a representative, fiduciary or other capacity;

        (iii)  is concerned jointly with or has the same interest as other
               persons whether receiving legal aid or not; or

        (iv)   has available to him rights and facilities making it
               unnecessary for him to take advantage of this Ordinance or has
               a reasonable expectation of receiving financial or other help
               from a body of which he is a member;

   (t)  (Repealed 54 of 1984 s. 25)

   (u)  provide that any application, certificate, notice or order to be made,
        issued, used or given under this Ordinance may be made, issued, used
        or given in a manner and form determined by the Director; (Replaced 27
        of 1991 s. 18)

        (v)    provide for the administration of the Supplementary Legal Aid 
               Scheme, including fees chargeable for applicants for legal aid
               under the Scheme, and of the affairs of the Fund; (Added 54 of
               1984 s. 25)

   (w)  provide for the manner of calculating the contribution under
        section 32 and, without derogation from the generality of the
        foregoing, the manner in which it is to be calculated in the event of
        a settlement or where the legal aid certificate is discharged or
        revoked. (Added 54 of 1984 s. 25)

(3) The regulations may apply generally to all legal matters, whether relating
to proceedings in court or otherwise, or may apply to any specified class of
matters or proceedings or to all matters or proceedings other than matters or
proceedings of a specified class and may make different provision for matters
falling within the Supplementary Legal Aid  Scheme and for matters which do
not. (Amended 54 of 1984 s. 25)