1989 Ed.]
Legal Aid
[CAP. 91
17
(b) any amount paid or payable by the Director under section 16C on behalf of that person; and (Amended 54 of 1984 s. 17)
(c) the amount of any expenses defrayed by the Director under section 9(f) in respect of the grant of legal aid to that person.
(3) The reference in subsection (1) to property recovered or preserved for an aided person in any proceedings shall include--
(a) his rights under any compromise arrived at to avoid or bring to an end the proceedings and any sums recovered under an order or agreement for costs made in his favour with respect to the proceedings; and
(b) where the legal aid certificate granted to him in respect of the proceedings is revoked or discharged, any property subsequently recovered or preserved by or for him in the proceedings or by virtue of any compromise arrived at to avoid or bring to an end the proceedings; and (Amended 54 of 1984 s. 17)
(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. (Added 54 of 1984 s. 17)
(4) The charge created by subsection (1) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor's lien for costs would not prevent it.
(5) Subsection (1) shall not apply to-
(a) any interim payment made in accordance with an order made, or in accordance with an agreement having the same effect as such an order; or
(b) periodical payments of money made under--
(i) the Matrimonial Proceedings and Property Ordinance (Cap. 192); or
(ii) a maintenance agreement within the meaning of section 14(2) of that Ordinance; or
(iii) the Separation and Maintenance Orders Ordinance (Cap. 16),
in respect of the maintenance of a spouse or former spouse (including any amounts payable as arrears in respect of such payments) if such payments are payable under that Ordinance or the maintenance agreement at a rate not exceeding $2,500 (or its equivalent) per month or, where any such payment is payable at a higher rate, to the first $2,500 (or its equivalent) of the amount of each periodical payment or, in the case of amounts payable as arrears in respect of such periodical payment, of the amount attributable to each periodical payment in arrear. (Replaced 40 of 1989 s. 6)
(Added 60 of 1981 s. 2)