[Subsidiary]
L.N. 204/84.
Application for legal aid:
Form 1.
Consideration of application for legal aid.
Grant of legal aid certificate.
L.N. 323/83.
Form 2.
LX 70/3 LN. 122/782.
Refusal to grant legal aid.
L.X. 70/73.
L.N. 122/82.
Forms 3, 3A and 3B.
L.N. 136/81.
L.N. 412/81.
L.N. 204/84.
LN. 122/82. L.N. 323/83.
CAP. 221] Legal Aid in Criminal Cases Rules
[1985 Ed.
(2) Where a person has been granted legal aid for any matter specified in paragraph (1) he may also be granted legal aid for any proceedings arising out of or connected with such matter, including any application for bail or an appeal against refusal to grant bail.
5. An application for legal aid under rule 4 shall be made to the Director and shall be in accordance with Form 1.
6. Subject to rule 13 in the case of a capital charge, in determining an application for legal aid by an accused person the Director shall consider--
(a) all the circumstances of the case and, in particular, any
recommendation of the committing magistrate; and
(b) the disposable resources of the accused person,
and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.
7. (1) Where the Director is satisfied that the accused person should be granted legal aid, the Director shall---
(a) grant him a legal aid certificate; and
(b) assign a solicitor and, if the Director thinks fit, 1 or 2 counsel, one of whom may be leading counsel, as the Director thinks fit, to represent him.
(2) A legal aid certificate-
(a) shall be in accordance with Form 2; and
(b) shall be forwarded by the Director to the accused person with a copy to the appropriate court in Hong Kong and to solicitor or counsel assigned under these rules.
8. (1) Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the appropriate court in Hong Kong a notice of his refusal in accordance with Form 3, Form 3A or Form 3B, as the case may require.
(2) Where the Director is not satisfied that the disposable income or the disposable capital of the accused person does not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.
(3) Except in relation to an appeal to the Privy Council or an application to the Privy Council for leave to make such an appeal, where it appears to a judge or District Judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge or District Judge may, subject to paragraph (2), grant him a legal aid certificate, and the Director shall thereupon assign a solicitor and, if the Director thinks fit, 1 or 2 counsel, one of whom may be leading counsel, as the Director thinks fit, to represent the accused person.