Financial limitations
Application
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. (1) Subject to the provisions of this Ordinance, legal aid shall be available to any person whose disposable income does not exceed five hundred dollars a month;
Provided that a person shall be refused legal aid if he has a dis- posable capital of more than three thousand dollars.
(2) The Legislative Council may, by resolution. amend the amounts of disposable income and disposable capital specified in subsection (1).
PART III.
APPLICATIONS FOR LEGAL AID AND GRANT OF CERTIFICATE.
8. (1) Any person who, whether in bis own right or in a repre- for legal aid sentative capacity, wishes to be granted legal aid shall apply therefor
to the Director.
(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.
(4) Where any application is made on behalf of an infant under the provisions of subsection (3)–
(a) a reference in section 9 or in paragraph (a) of section 10 to an applicant shall be construed as a reference to the guardian and the infant jointly or to either of them severally; and (b) a reference in paragraph (b) or (c) of section 10 to an applicant shall, in any case where the infant is unmarried and the guardian is a near relative (as defined in subsection (5)) of the infant, be construed as a reference to both the guardian and the infant and in every other case shall be construed as a reference to the infant only.
(5) In subsection (4), the expression "near relative" means— (4) in the case of a legitimate child, the father or, if the father is
dead, the mother;
(b) in the case of an adopted child, an adopting parent; (c) in the case of an illegitimate child, the mother.
9. Where an application for legal aid is made under the provi- Power of sions of section 8, the Director may-
Director to make
(a) make such inquiries as he thinks fit as to the means and con- inquiries.
dition of the applicant and as to the merits of the case;
(b) require the applicant to furnish such information and such documents as the Director may require for the purpose of considering the application:
(c) require the applicant to attend personally before the Director: (d) refer the application, or any matter arising out of the applica- tion, to counsel or solicitor, whose name is on the appropriate panel, to investigate the facts and make a report thereon or to give any opinion thereon or on any question of law arising out of the application;
(e) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant pending determination of his application:
(f) defray expenses incidental to any of the foregoing matters out of any funds in his control which are available for the purpose.
10. The Director may grant to the applicant a certificate that the Grant of applicant is entitled under the provisions of this Ordinance to legal aid legal aid în connexion with any proceedings if he is satisfied-
(a) that the applicant has reasonable grounds for taking, defend- ing or continuing such proceedings or being a party thereto;
(b) that the applicant does not have disposable capital of a total value of more than three thousand dollars or such other amount as may have been substituted therefor by resolution under subsection (2) of section 7; and
(c) that the disposable income of the applicant does not exceed five hundred dollars per month or such other amount as may have been substituted therefor by resolution under subsection (2) of section 7.
certificates.
11. The Director may, in such circumstances and manner as may Revocation be prescribed, revoke or discharge any legal aid certificate,
12. If, in relation to any proceedings to which a person who has made an application for legal aid or an aided person is a party, any other party makes application for legal aid, the provisions of this Ordinance shall apply to both such parties:
Provided that the Director shall not himself act for either such party but shall assign counsel or solicitor to be selected by the aided
and dis- charge of certificates.
Application for aid by more than one party.