(15 of 1964).
(16 of 1964).
Appoint- MERTILE,
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"assignment" and "assigned" include assignment of solicitor or counsel by the Director, selection of solicitor or counsel by an aided person and briefing of counsel by a solicitor:
"counse?"" means a person who is enrolled as a barrister on the roll of barristers maintained in accordance with the provisions of the Legal Practitioners Ordinance 1964, and who, at the material time, is not suspended from practice;
"court" means any court, tribunal or person in respect of proceedings
before which legal aid may be granted:
"Director" means the Director of Legal Aid appointed under the pro- visions of section 3 and any Deputy Director and Assistant Director of Legal Aid so appointed:
“guardian”, in relation to an infant, includes, without prejudice to the generality of the expression, such person as the Director considers might properly be appointed by the court to be the next friend or guardian od litem of the infant;
"judge” means a judge of the Supreme Court or the District Court, as
the case may be:
"legal aid" means legal aid granted under the provisions of this
Ordinance:
"legal aid certificate" means a legal aid certificate granted under section
10:
"order for costs" includes any judgment, order, decree, award or direction for the payment of the costs of one party in the proceed- ings by another party, whether given or made in those proceedings or pot:
"panel" means the appropriate panel maintained in accordance with
section 4:
"person" does not include a body of persons corporate or unincorporate
so as to authorize legal aid to be granted to such a body; "solicitor" means a person enrolled on the roll of solicitors maintained in accordance with the provisions of the Legal Practitioners Ordin- ante 1964, and who, at the material time, is not suspended from practice.
3. (1) The Governor may appoint a person to be the Director of Legal Aid and may also appoint such number of Deputy Directors of Legal Aid and Assistant Directors of Legal Aid as he may think fit.
(2) No person shall be appointed to be, or shall act temporarily as, the Director of Legal Aid or a Deputy Director of Legal Aid or an Assistant Director of Legal Aid unless be is legally qualified.
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(3) Notwithstanding any provision of any other law, the Director of Legal Aid and every Deputy Director of Legal Aid and every Assist- ant Director of Legal Aid shall, for the purposes of this Ordinance and when acting for any aided person, have the right to plead and a right of audience in all courts in the Colony.
counsel and
4. (1) The Director shall prepare and maintain panels of counsel Panels of and solicitors willing to investigate, report and give an opinion upon applications for the grant of legal aid and to act for aided persons.
(2) The Director shall prepare and maintain such separate panels- (a) for different purposes;
(b) for different courts:
(c) for counsel and solicitors willing to act only in a limited
number of cases for persons granted legal aid,
as may be prescribed.
(3) Any counsel and solicitor shall be entitled to have his name included on the panels or any of them unless the Director is satisfied that there is good reason for excluding him by reason of his conduct when acting or assigned to act for persons receiving legal aid or of his professional conduct generally.
(4) The Director shall not include the name of a counsel or solici- tor on any panel unless he is satisfied that such counsel or solicitor has a current practising certificate and shall remove from the panels the name of any counsel or solicitor who does not have a current practising certificate.
(5) Subject to the provisions of subsection (2) of section 25, any counsel or solicitor may at any time request the Director to remove his name from any panel and the Director shall comply with such request.
PART H.
SCOPE OF LEGAL AID.
solicitors.
which legal
5. (1) The proceedings in connexion with which legal aid may Proceedings be granted are civil proceedings of the description mentioned in Part 1 in respect of of the Schedule, except proceedings mentioned in Part II of the Schedule. aid can be
(2) The Legislative Council may, by resolution, amend the Schedule. Schedule.
granted.
6. Legal aid shall consist of representation, on the terms pro- Scope of vided for by this Ordinance, by the Director or by a solicitor and, so
legal aid. far as necessary, by counsel including all such assistance as is usually
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