A364
Ord. No. 54/84
Addition of Part
VI.
LEGAL AID (AMENDMENT)
(iv) by inserting after paragraph (u) the following-
"(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;
(r) 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 settle- ment or where the legal aid certificate is discharged or revoked;"; (b) in subsection (3) by inserting after "of a specified class" the following-
"and may make different provision for matters falling within the Supplementary Legal Aid Scheme and for matters which do not”.
26. The principal Ordinance is amended by adding after Part V the following Part-
Establishment of Supplementary Legal Aid Fund.
Borrowing powers
of the Director.
"PART VI
PROVISIONS RELATING TO THE SUPPLEMENTARY LEGAL AID SCHEME
29. (1) There shall be established a fund, to be administered by the Director, to be termed the Supplementary Legal Aid Fund.
(2) The Fund shall consist of—
(a) the proceeds of any loan made to the Director for the pur-
poses of the Fund under section 30;
(b) contributions payable under section 32;
(c) the proceeds of and interest on any investments of the
moneys of the Fund;
(d) moneys paid or repaid to the Director under section 19 or 19A or retained under section 19B where the aided person is aided under the Supplementary Legal Aid Scheme; and
(e) such other moneys as may be prescribed.
(3) The Fund shall be charged with--
(a) the expenses of the Supplementary Legal Aid Scheme including payments to counsel and a solicitor and any costs payable by the Director under section 16C where the aided person receives legal aid under the Scheme;
(b) any security provided under section 18B and to be provided
out of the Fund;
(c) the payment of interest and the repayment of moneys horrowed under section 30 as well as all charges and expenses payable in connexion with such a borrowing;
(d) the payment of fees charged to the Fund under subsection
(5); and
(e) such expenses as may be prescribed.
(4) The moneys of the Fund may be invested by the Director in such manner as the Financial Secretary may approve.
(5) The Financial Secretary may direct that an annual adminis- tration fee to be determined by him and payable in respect of the services afforded by public servants under the Scheme shall be charged to the Fund and paid into general revenue.
30. (1) The Director may borrow temporarily, by way of over- draft or otherwise, such sums as may be required for meeting or being expenses properly chargeable to the Fund.
Accounts.
Contributions for benefit of the Fund.
Appeals and powers of the Director.
LEGAL AID (AMENDMENT)
Ord. No. 54/84
A365
(2) The Director may with the prior approval of the Financial Secretary borrow (otherwise than by way of temporary loan) such moneys as may be required for the proper operation of the Fund.
(3) A person lending money to the Director shall not be con- cerned to inquire whether the borrowing of the money is legal or regular or whether the money raised has been properly applied and shall not be prejudiced by any illegality or irregularity or by mis- application or non-application of the money.
31. (1) The Director shall keep proper accounts and proper records in relation thereto of the affairs of the Fund.
(2) The Director of Audit shall have power to audit the accounts of the Fund,
32. (1) Where legal aid is granted to any person under the Supplementary Legal Aid Scheme no contribution shall be payable by the aided person unless such person is successful, either in whole or in part, in the proceedings brought by him with the assistance of such legal aid and, if he is successful a contribution shall be payable by him to the Director for the benefit of the Fund in an amount equivalent
to
(a) the sums paid or payable on his account out of the Fund; (b) the costs incurred on his behalf; and
(c) such percentage as may be prescribed of the value of any property (wherever situate) recovered or preserved for the aided person in such proceedings whether on his own behalf or on behalf of another,
and there shall be deducted from the amount of the contribution any sums recovered under an order or agreement for costs and such other sums as may be prescribed.
(2) No contribution payable under this section shall exceed the value of the property recovered or preserved for the aided person in the proceedings.
(3) The Director may by notice in writing to the aided person waive, either in whole or in part, his rights to a contribution under this section where he is satisfied that it would cause serious hardship to any person to rely on such rights and it is in all the circumstances just and equitable to do so.
(4) Nothing in subsection (1) or (2) shall prevent the recovery from a formerly aided person, in such manner and amount as may be prescribed, of the costs and expenses of legal aid under the Supple- mentary Legal Aid Scheme incurred prior to the revocation or dis- charge of his legal aid certificate upon such revocation or discharge whether or not such person continues the proceedings and whether or not the proceedings are successful.
(5) For the purposes of this section proceedings shall be deemed to be successful where property is recovered or preserved for the aided person either under a court order or under a compromise arrived at to avoid or bring to an end the proceedings.
(6) References in this section to the property recovered or preserved for the aided person in the proceedings shall be construed in accordance with section 18A(3).
33. (1) Where a person who has been granted legal aid under the Supplementary Legal Aid Scheme--
(a) fails, whether in whole or in part, in proceedings brought by him with the assistance of such legal aid, the Director may