1988 Ed.]

Legal Aid Regulations

[CAP. 91

A 7

[Subsidiary]

(d) where he is satisfied that the aided person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Director or has required unreasonably that the proceedings be continued:

Provided that a certificate shall not be discharged under this sub-paragraph until the aided person has been given an opportunity to show cause why the certificate should not be discharged;

(e) if he is satisfied-

(i) that the aided person has died; or

(ii) that the aided person has had a receiving order made against him;

(f) if he is satisfied that the aided person has failed to render to the counsel or solicitor assigned to him any assistance necessary or desirable to enable such counsel or solicitor to discharge in a proper or adequate manner his duties as counsel or solicitor to such person. (L.N.326(84))

(3) The Director shall discharge a certificate if--

(a) as a result of a further determination he is satisfied that--

(i) where section 5 of the Ordinance applies the disposable income or disposable capital of the aided person exceeds the limits specified in that section; or

(ii) where the Supplementary Legal Aid Scheme applies the income or disposable capital of the aided person exceeds the limits specified in section 5A of the Ordinance; (L.N.326/84)

(b) he considers that the aided person no longer has reasonable grounds for taking, defending or being a party to the proceedings or, as the case may be, that it is unreasonable in the particular circumstances for him to continue to receive legal aid: (L.N.326/84)

Provided that a certificate shall not be discharged under this paragraph until the aided person has been given an opportunity to show cause why the certificate should not be discharged.

(4) Where the Director is satisfied that an aided person has wilfully failed to comply with any regulations as to information to be furnished by him, or, in furnishing any such information has knowingly made a false statement or false representation or failed to disclose any material fact concerning his income, disposable income or disposable capital, he may if he thinks fit (L.N.326/84)

(a) where such omission or act occurred prior to the issue of a certificate,

revoke the certificate; or

(b) where such omission or act occurred after the issue of the certificate, discharge the certificate from the date upon which such omission or act occurred.

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