1965-HKRS30-8-56_Part04 — Page 20

Authenticated Laws 確真本香港法例 All

(c) if he is satisfied that the proceedings to which the certificate

relates have been disposed of:

(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 unreason- ably 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-

✪ that the aided person has died; or

(ii) that the aided person has had a receiving order mad against him.

(3) The Director shall discharge a certificate if-

(a) as a result of a further determination he is satisfied that- (1) the disposable income of an aided person exceeds fiv hundred dollars per month or such other amount as may bay been substituted therefor by resolution under subsection (2) of section 7 of the Ordinance; or

(f) the disposable capital of an aided person exceeds thres thousand dollars or such other amount as may have been substituted therefor by resolution under subsection (2) of section 7 of the Ordinance:

(b) as a result of any information coming to his knowledge he considers that the aided person no longer has reasonable grounds for taking, defending or being a party to the proceed- ings or, as the case may be, that it is unreasonable in the particular circumstances for him to continue to receive legal aid:

Provided that a certificate shall not be discharged under this para. graph 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, he may if he thinks fit-

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

certificate, revoke the certificate; or

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(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.

(5) At any time during the hearing of any proceedings to which an aided person is a party the court may, upon application by or on behalf of any other party to the proceedings or by the Director, consider whether the aided person-

(a) has wilfully failed to comply with any regulation as to the

information to be furnished by him; or

(b) in furnishing any such information has knowingly made a false

statement or false representation;

and on any such application the court may make an order revoking the certificate or discharging it from such date as may be appropriate and the court's decision shall be final:

Provided that no order shall be made under this paragraph until the aided person has been given an opportunity to show cause why the certificate should not be revoked, or, as the case may be, discharged. (6) When the Director revokes or discharges an aided person's certificate he shall forthwith issue a notice of discharge or revocation to the aided person.

(7) Where the certificate so revoked or discharged has been filed in the registry of any court, the Director shall forthwith file a notifica- don in the Form VII set out in the Schedule with the registry of such Form VII.

court.

(8) When the court makes an order revoking or discharging an aided person's certificate, the officer of the court shall forthwith inform the Director.

9. (1) Subject to the provisions of this regulation, a person whose effect of certificate is revoked shall be deemed never to bave been an aided discharge and

revocation. person in the proceedings to which the certificate related, and a person whose certificate is discharged shall, from the date of discharge, cease to be an aided person in these proceedings.

(2) Upon receipt by him of notice of revocation or discharge of a certificate by the Director or upon revocation or discharge of a certificate by the court, the retainer of any solicitor and counsel acting for the aided person in proceedings to which the certificate relates shall forthwith determine.

(3) Upon determination of proceedings under this regulation— (a) the costs of the proceedings to which the certificate related, incurred by or on behalf of the person to whom it was issued, shall, as soon as practicable thereafter, be taxed or, as the

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