1989 Ed.]

Legal Aid

[CAP. 91

7

(a) to whom legal aid is not available under section 5 because his disposable income or disposable capital are in excess of the amount therein prescribed; and

(b) whose income does not exceed $15,000 a month, and whose disposable capital does not exceed $100,000,

for the civil proceedings mentioned in Part I of Schedule 3, except proceedings mentioned in Part II of that Schedule.

(Added 54 of 1984 s. 4)

6. Scope of legal aid

Legal aid shall consist of representation, on the terms provided for by this Ordinance, by the Director or by a solicitor and, so far as necessary, by counsel including all such assistance as is usually given by solicitor or counsel in the steps preliminary or incidental to any proceedings or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings.

7. Power of the Legislative Council to make amendments

The Legislative Council may, by resolution,

(a) amend the amounts of

(i) disposable income and disposable capital specified in section 5; and

(ii) income and disposable capital specified in section 5A; and

(b) amend Schedules 2 and 3.

(Replaced 54 of 1984 s. 5)

PART III

APPLICATIONS FOR LEGAL AID AND GRANT OF CERTIFICATE

8. Application for legal aid

(1) Any person who, whether in his own right or in a representative or fiduciary capacity, wishes to be granted legal aid shall apply therefor to the Director. (Amended 54 of 1984 s. 6)

(2) Every application for legal aid shall be in such form and accompanied by such statutory declaration, verifying the facts stated in the application, as may be prescribed.

(3) If the person who wishes to be granted legal aid is an infant, the application under this section shall be made on behalf of the infant by his guardian.

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