1989 Ed.]
Legal Aid
[CAP. 91
19
(c) being moneys paid into court or the Privy Council by him or on his behalf in connection with the proceedings to which his legal aid certificate relates and ordered to be repaid to him; or (d) being moneys standing in court or in the Privy Council to the credit of any proceedings to which his legal aid certificate relates, shall be paid or repaid, as the case may be, to the Director unless the Director by notice in writing to the person responsible for payment and to the aided person directs otherwise. (Amended 14 of 1982 s. 14; 54 of 1984 s. 20)
(2) Subsection (1) shall not apply where any court, authority or person, in exercise of a power under any law, gives any direction or exercises any discretion as to the payment of any sum to an aided person, and in such case the court, authority or person shall provide that the sum payable to the aided person shall be subject to a first charge for the benefit of the Director for any sum due to be paid or repaid to him under this Ordinance.
(3) The provisions of this section shall apply in relation to all sums which may become payable to an aided person, notwithstanding any provision in-
(a) the Employees' Compensation Ordinance (Cap. 282); or
(b) the Supreme Court Ordinance (Cap. 4); or
(c) any other law,
(i) restricts the payment of any sum to any person; or
(ii) prohibits the payment of any sum to any person.
(4) Only the Director shall be capable of giving a good discharge for moneys which may become payable to the Director under this section.
(Added 27 of 1967 s. 5)
19B. Disposal by Director of moneys paid to him
(1) Upon receipt of all moneys paid to him pursuant to section 19 or 19A, the Director shall (Amended 40 of 1989 s. 7)
(a) retain-
(i) any sum paid by virtue of an order or agreement for costs made in the aided person's favour;
(ii) a sum equal to the amount, if any, by which any property recovered or preserved is charged for the benefit of the Director by virtue of section 18A(1); and (Amended 60 of 1981 s. 3)
(iii) any costs recovered in proceedings taken by the Director in his own name under regulations made under this Ordinance:
Provided that where the Director is satisfied that it would cause serious hardship to any person to retain any such sum under this paragraph and that it is in all the circumstances just and equitable to reduce the sum to be so retained, the amount to
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