Prohibition against taking fee from aided person.
Proceedings for misrepre sentations,
Privileges attaching
10
(5) Nothing in subsections (3) and (4) shall be taken as depriving any person or body of persons of the protection of any law or, save as provided in subsection (4), as conferring any larger right to recover money for the benefit of the Director in respect of any expenses than the person receiving legal aid wookd have had if the expenses had been incurred by him.
(6) Where under subsection (3) a person's right to be indemnified against expenses incurred in connexion with any proceedings operates for the benefit of the Director, any sum recovered for the benefit of the Director shall be deducted from the total of all suma payable by the Director in respect of such proceedings and the balance remaining shall be the maximum recoverable from such person.
22. Subject to the provisions of section 18, no person who. pur- suant to any reference under this Ordinance, makes any investigation or report or gives any opinion or certificate or who acts for an aided person, shall take or agree to take or seek from an aided person any fee, profil ar reward (pecuniary or otherwise) in respect thereof.
PART V.
MISCELLANEOUS,
23. (1) Any person seeking or receiving legal aid who-
(a) wilfully fails to comply with any regulations as to the informa-
tion to be supplied by him; or
(b) in furnishing any information required by such regulations knowingly makes any false statement or false representation. shall be guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months.
(2) Any proceedings for an offence under subsection (1) may, notwithstanding any law prescribing the time within which such pro- Geedings may be brought, be brought within two years after the com- mission of the offence or within six months next after the first discovery thereof by the prosecutor, whichever is the shorter.
24. (1) The like privileges and rights as those which arise from the relationship of client, counsel and solicitor acting in their profes- relationships. sional employment shall arise from the following relationships, that is
to certain
to say-
(a) the relationship between an applicant for legal aid and the Director and counsel and solicitor to whom the application is referred;
[1
(6) the relationship between an aided person and the Director and counsel and solicitor assigned to act for him in any proceed- ings to which a legal aid certificate relates.
(2) Notwithstanding anything contained in subsection (1), the privileges therein referred to shall not arise in relation to any informa- tion tendered to the Director concerning the property or income of the applicant for a legal aid certificate.
(3) Save as provided by this Ordinance, the rights conferred by this Ordinance on an aided person shall not affect the rights or liabil ities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.
25. (1) An aided person shall not without the leave of the Direc tor discharge any counsel or solicitor assigned to act under this Ordinance for him.
(2) Subject to the provisions of subsection (3), counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.
(3) Nothing in this section shall prejudice the right of counsel or solicitor to refuse, or to give up, a case on reasonable grounds.
Legal aid oct to discom
tinue without leave.
26. (1) Any person aggrieved by any order or decision of the Appeal from Director made under any provision of this Ordinance may appeal there- decision of from to the Registrar of the Supreme Court in chambers.
(2) An appeal under this section shall be by notice in writing to attend before the Registrar of the Supreme Court without a fresh summons, within seven days of the order or decision complained of, or such further time as may be allowed by the Registrar.
(3) Unless otherwise ordered by the Registrar, there shall be at least one clear day between service of the notice of the appeal and the day of hearing.
(4) A decision of the Registrar on an appeal under this section shall be final, save that the Registrar may refer any appeal, and shall refer an appeal against any decision of the Director under subsection (3) of section 4, for decision of a judge of the Supreme Court in chambers, in which event the decision of the judge shall be final.
Director.
27. The expenses of legal aid shall be met by the Director from Expenses of moneys provided by the Legislative Council.
legal aid.
28. (1) The Governor in Council may make regulations prescrib- Regulations. ing any matter which by this Ordinance is to be or may be prescribed and generally for the better carrying out of this Ordinance.