1966-HKRS29-8-33_Part03 — Page 26

Endorsetano

of legal aid certificate.

Filing of legal aid certificate.

Stay of proceedings

upon making of applica-

Lon for

legal aid.

person, if he so desires, or otherwise by the Director from the panel to act for each aided person.

13 (1) Where legal aid certificate is granted, the Director may act for the aided person or may assign counsel or solicitor, to be selected by the aided person if the latter so desires, or otherwise selected by the Director from the panel so to act, and the Director shall, subject to subsection (1) of section 14, endorse on the legal aid certificate the name of any counsel and solicitor so assigned.

(2) The Director may, if he is of the opinion that any proceedings are, or may become, of exceptional difficulty or importance, state in the certificate that the aided person should be represented by two counsel. one of whom may be leading counsel, in such proceedings.

14. (1) Before taking any other step in the proceedings the Director or the solicitor so assigned shall file the legal aid certificate in the registry of the court in which the proceedings are pending or are to be taken and no court fee shall be charged in respect of the filing of the certificate.

(2) Where counsel or solicitor is assigned to act after a legal aid certificate is filled in court, or in any case where a new assignment is made in lieu of counsel or solicitor assigned previously, the Director shall not be required to endorse on the certificate the name of the counsel or solicitor so assigned, or newly assigned, as the case may be. but may, instead, give notice of such assignment or new assignment by letter to the proper officer of the court in which proceedings are pending.

(3) Where any legal aid certificate is so filed the aided person sbali, for so long as it remains in force-

(a) not be liable in respect of any proceedings to which the cer- tificate relates for court fees or for fees payable for the service of process or for any fees due to the bailiff in connexion with the execution of process:

(b) be entitled to be supplied free of charge with a copy of the judge's notes of evidence in any proceedings to which the certificate relates; and

(c) not, except where express provision is made in this Ordinance, be liable for costs to any other party in any proceedings to which the certificate relates.

15. (1) Where litigation has been instituted and any party makes an application for legal aid, the Director shall, as soon as practicable after the application is made, notify the other party or each of the other parties, and file in the court in which the litigation is pending, a memorandum of such notification and no fee shall be charged in respect of the filing of the memorandum.

7

(2) Where any memorandum is so filed, then, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this section, be stayed for a period of fourteen days, and during such period (unless otherwise ordered by any such judge) time fixed by or under any law or other- wise for the doing of any act or the taking of any step in the proceedings shall not ruO :

Provided, however-

(a) that the filing of the memorandum shall not operate to prevent

the making of-

(i) an interlocutory order for an infunction or for the ap- pointment of a receiver or manager or receiver and manager:

or

(ii) an order to prevent the lapse of a caveat against deal- ings with land; or

(ii) any other order which, in the opinion of a judge of the court in which the litigation is pending, is necessary to prevent an irremediable injustice:

(b) that, unless otherwise ordered by a judge of the court in which the litigation is pending, the filing of the memorandum shall not operate to prevent the institution or continuance of pro- ccedings to obtain, enforce or otherwise carry into effect any such order as is mentioned in paragraph (a) of this proviso or a decree to the like effect.

(3) The time during which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge of the court in which the litigation is pending.

16. (1) Where a legal aid certificate has been filed in any court, Appeals by and the proceedings to which the certificate relates have been beard in sided that court, and the aided person desires to prosecute any appeal or persons. proceedings in the nature of an appeal therefrom, he shall not be entitled to prosecute such appeal or proceedings in the nature of an appeal as an aided person unless he files, in the court in which the appeal or proceedings are to be heard, a certificate from the Director or from counsel nominated from the appropriate panel by the Director stating that the Director or such counsel has thoroughly examined the appellant's case and is of the opinion that the appellant has good grounds of appeal, which grounds, together with the reasons therefor. shall be set out in detail in the certificate.

(2) If any aided person prosecutes any such appeal or proceedings in the nature of an appeal without having filed the certificate referred to in subsection (1) he shall be deemed not to be an aided person.