1985 Ed.]

Legal Aid in Criminal Cases Rules

[CAP. 221

D9

(2) Except in proceedings relating to appeals to, or applications for leave to appeal to, the Privy Council, the powers of the Director under paragraph (1) may be exercised by a judge or District Judge or, in the case of an appeal to the Court of Appeal, by the court or a judge thereof.

14B. (1) If the Director is not satisfied that an appellant should be granted legal aid to appeal to, or to apply for leave to appeal to, the Privy Council, the Director shall refuse the application and inform the appellant in writing of the refusal.

(2) An appellant aggrieved by a decision of the Director under paragraph (1) or his decision to discharge an appeal aid certificate granted in respect of an appeal to, or an application for leave to appeal to, the Privy Council may bring the decision on review before the committee mentioned in section 26A of the Legal Aid Ordinance and the provisions of that section shall apply to a review under this rule.

[Subsidiary]

L.N. 122/82.

Refusal of legal aid in Privy Council appeals. L.N. 122/82.

(Cap. 91.)

PART III

ASSESSMENT OF CONTRIBUTIONS

15. For the purposes of this Part the Director shall assess the disposable capital and disposable income of each applicant for legal aid in accordance with the Legal Aid (Assessment of Resources and Contributions) Regulations as if the applicant were a person applying for legal aid under the Legal Aid Ordinance, and those regulations shall apply accordingly.

16. (1) Subject to rule 13, the Director may require an aided person to pay to him a contribution towards the sums payable on his account by the Director.

(2) The amount of any contribution required to be paid under paragraph (1) shall-

(a) be calculated in accordance with Parts I and II of the Third Schedule to the Legal Aid (Assessment of Resources and Contributions) Regulations as if the aided person required to pay the contribution had been granted legal aid under the Legal Aid Ordinance;

(b) be a debt due to the Director payable in a lump sum or by instalments on such day or within such periods as the Director may determine.

17. [Revoked, L.N. 427/82]

18. If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.

Assessment of disposable capital and disposable income.

L.N. 115/85.

(Cap. 91. sub. leg.) (Cap. 91.)

Contributions by aided persons. L.N. 427/82.

L.N. 115/85.

(Cap. 91. sub. leg.)

(Cap. 91.)

Excess contributions to be repaid to aided person.

Share This Page