1965-HKRS30-8-56_Part04 — Page 36

Compudng disposable income.

Husband and wife.

Infants,

Director to determine capital and income.

Recovery of contribu tions.

2

(d) an amount of fifteen hundred dollars in respect of a spouse whose resources are required to be aggregated to bis, and a further fifteen hundred dollars in respect of each dependent child and each other dependent relative wholly maintained by him.

5.

(1) Subject to the provisions of paragraph (3), there shall be included in the computation of the disposable income of a person seek- ing or receiving legal assistance the total income from all sources which he may reasonably expect to receive during the period of computation.

(2) The period of computation shall be the period of twelve months next after the date of application for legal assistance, or such other period of twelve months as the Director may consider appropriate jo the particular circumstances of any case.

(3) There shall not be taken into account in computing the dis- posable income of a person seeking or receiving legal aid-

(2) the amount of rent and rales payable in respect of his dwelling

bouse;

(b) an amount of twenty-five dollars a month in respect of a spouse living with him, and a further such sum in respect of each dependent child and of each other dependent relative wholly maintained by him.

6. Any resources of a person's husband or wife shall be treated. for the purposes of these regulations, as that person's resources, unless that person is legally separated from the husband or wife.

7. In the case of an infant who is unmarried and whose guardian is a near relative, as defined in section 8 of the Ordinance, the resources of the guardian and the infant shall be related, for the purpose of these regulations, as the resources of the infant, but in every other case the resources of the infant alone shall be so taken into account.

8. (1) The capital and income of a person and the extent of his liability to contribute in respect of any proceedings shall be determined by the Director.

(2) Any public officer may act on behalf of the Director under this regulation.

9. (1) If the total contribution made by a person in respect af any proceedings is more than the net liability of the Director on bis account, the excess shall be repaid to him.

(2) Aby sums remaining unpaid on account of a person's contribu- tion in respect of any proceedings and, if the total contribution is less than the net liability of the Director on his account, a sum equal to the

deficiency shall be a first charge on any property (wherever situate) which is recovered or preserved for that person in the proceedings.

(3) The reference in paragraph (2) to property recovered or pre- served for any person shall include bis rights under any settlement or compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings.

(4) The charge created by paragraph (2) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor's lien for costs would not prevent it.

FIRST SCHEDULE.

[reg. 3(c)]

1. The maximum contribution of an aided person in respect of disposable income shall be based on his monthly disposable income, as assessed under the regulados and on the following calculations—

(a) if the aided person's monthly disposable income does not exceed two

hundred dollars, his contribution will be nil;

(b) if the aided person's monthly disposable income exceeds two bunderd dollars but does not exceed two hundred and Afty dollars, his maximaan contribution will be ten per cent of twelve times the oropss of bis moothly disposable income over two hundred dollars;

(c) If the aided person's monthly disposable income excceda two hundred and fifty dolkurs but does not exceed three hundred dollars, his maximum contribution will be fifteen per cent of twelve times the excess of tún monthly disposable income over two hundred and fifty dollars plus his contribution under (b);

(d) if the aided person's monthly disposable income exceeds three hundlid dolları but does not exceed three hundred and fifty dollars, bis maximum contribution will be twenty per cent of twelve times the excess of his monthly disposable income over three hundred dollars plus his contributions under (b) and (c)

(e) if the aided person's monthly disposable income exceeds three bunderd and Afty dollars but does not exceed four hundred dollars, bis maximum contribution will be thirty per cent of twelve times the excess of bia monthly disposable income over three hundred and fifty dollars plus his contributions under (8), (e) and (d);

() if the sided person's monthly disposable income exceeds four hundred dollars but does not exceed four hundred and fifty dollars, his maximumTS contribution will be forty per cent of twelve times the excess of his monthly disposable income over four hundred dollars plus his contri- buiona under (b), (c) (d) and (e)

(g) if the sided person's monthly disposable income exceeds four hundred and fifty dollars but does not exceed five hundred dollers, bis maximum contribution will be fifty per cent of twelve times the excess of his monthly disposable income over four hundred and fifty dollars plus his contributions under (b), (c), (d), (e) and ().

2. The maximum possible contribution payable in respect of disposable income by an sided person would thus be fine hundred and ninety dollars, There may, in addition, be a liability to contribute in respect of disposable capital, up to a maximum of seven hundred dollar.