A362
Ord. No. 54/84
LEGAL AID (AMENDMENT)
LEGAL AID (AMENDMENT)
Ord. No. 54/84
A363
Amendment of section 18B.
Amendment of section 19.
Amendment of section 19A.
Amendment of
section 22.
(h) in subsection (2)(b) by deleting "19(2)" and substituting the following-
(c) in subsection (3)—
"160":
(i) in paragraph (b) by deleting the full stop and substituting the following--
**; and":
(ii) by inserting after paragraph (b) the following-
"(c) any property recovered for the benefit of any person on whose behalf the aided person is acting or for the benefit of any estate or fund out of which that aided person is entitled to be indemnified.";
(d) in subsection (5)—
(Cap. 16.)
(i) in paragraph (b) by deleting the comma and substituting the following-
**; or":
(ii) by inserting after paragraph (b) the following-
"(c) the Separation and Maintenance Orders Ordinance,”; (iii) by deleting "if such payments are payable" and substituting the following-
"(including any amounts payable as arrears in respect of such pay- ments) if such payments are payable under that Ordinance or the maintenance agreement":
(iv) by deleting "of the payment" and substituting the following-
"of each periodical payment or, in the case of amounts payable as arrears in respect of such periodical payment, of the amount attributa- ble to each periodical payment in arrear".
18. Section 18B of the principal Ordinance is amended--- (a) by deleting the full stop and substituting a colon; (b) by inserting the following proviso--
"Provided that where legal aid has been granted to an aided person under the Supplementary Legal Aid Scheme any such security shall be provided out of the Fund.".
19. Section 19 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "other person" the following-
"but such an order may only be enforced against the aided person and the Director to the extent permitted by section 16C";
(b) in subsection (1A)(a) by deleting “14(3)(a) and (b)” and substituting the
following-
(c) by deleting subsection (2).
**16B(c) and (d)";
20. Section 19A(1) of the principal Ordinance is amended by inserting after "Director" the following---
"unless the Director by notice in writing to the person responsible for payment and to the aided person directs otherwise".
21. Section 22 of the principal Ordinance is amended—
(a) by renumbering it as subsection (1);
(b) by inserting after subsection (1) the following subsection--
"(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 6 months.”.
22. Section 23 of the principal Ordinance is amended-—
(a) in subsection (1) by deleting “$5,000” and substituting the following-
"$10,000":
(b) in subsection (2) by deleting. “6 months" and substituting the following-
"one year".
23. Section 26A of the principal Ordinance is amended-
(a) in subsection (5) by inserting after “applicant” the following---
"and the Director";
(b) by deleting subsection (6) and substituting the following—-
"(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.”.
24. Section 27 of the principal Ordinance is amended—
(a) by deleting the full stop and substituting a colon;
(b) by inserting the following proviso-
"Provided that nothing in this section shall apply to expenses incurred under the Supplementary Legal Aid Scheme except in so far as such expenses cannot be paid out of the Fund.".
25. Section 28 of the principal Ordinance is amended—
(a) in subsection (2)—
(i) by deleting paragraphs (/) and (i) and substituting the following—
"(h) make provision as to the manner in which the rate of a person's 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-
(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;
(i) in the case of a person seeking or receiving legal aid under the Supplementary Legal Aid Scheme, provision as to the manner in which that person's income is to be determined including, without derogation from the generality of the foregoing, provision of the nature specified in paragraph (h)(i), (ii) and (iii);";
(ii) by deleting paragraphs (!), (m) and (1);
(iii) in paragraph (u) by deleting the full stop and substituting a semi- colon;
Amendment of section 23.
Amendment of section 26A.
Amendment of section 27.
Amendment of section 28.