1966-HKRS29-8-33_Part03 — Page 27

Court may order pay- Thent of

costs by

aided person

in certain

event.

Contributions by aided person.

Award of

CORES.

PART IV.

COSTS AND CONTRIBUTIONS.

17. (1) Where it appears to a court or judge that a legal aid certificate has been obtained by fraud or misrepresentation, the court or judge may order the aided person to pay the costs of the Director and of the counsel and solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.

(2) In subsection (1) a reference to an "aided person" shall include, in any case where the legal aid certificate has been cancelled before the making of the order, the person who immediately before such cancellation was the aided person.

(3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the Director and of the counsel or solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.

(4) Where an order is made under subsection (1) or subsection (3), the costs shall be taxed as if the party ordered to pay them were pot an aided person.

(5) The costs so ordered to be paid shall, unless otherwise directed by the order, include fees and charges of the nature referred to in paragraphs (a) and (b) of subsection (3) of section 14.

18. (1) An aided person may be required to pay to the Director a contribution towards the sums payable on his account by the Director.

(2) Any contribution payable by an aided person to the Director in accordance with any provision of this Ordinance shall be a debt due to the Director. The amount of such contribution and, if the contri- bution is less than the net liability of the Director on account of the aided person, a sum equal to the deficiency shall be a first charge for the benefit of the Director on any property which is recovered or preserved for the aided person in the proceedings.

(3) Any contribution payable by an aided person to the Director shall be paid in such manner as may be prescribed.

19. (1) A court may make an order for costs in favour of or against an aided person in the same manner and to the same extent as it may make an order for costs in favour of or against any other person.

(2) Where a court makes an order for costs against an aided person, or an agreement is entered for the payment of costs by an aided person.

9

there shall be paid by the Director on behalf of the aided person to a party not receiving legal aid or to his solicitor-

(a) the amount of such costs as may be due from the aided person to the party not receiving legal aid, in any case in which the Laster party was a defendant or respondent in the proceedings or, in the case of any appeal, was a respondent therein; or (b) an amount not exceeding the contribution to be paid by the aided person to the Director, alter deduction therefrom of any sums payable by the Director on behalf of the aided person, in any other case.

(3) Any sums received by virtue of an order or agreement for costs made in favour of an aided person shall be paid to the Director.

20. There shall be paid by the Director to counsel and solicitor Cosus of acting for an aided person such fees and costs for so acting as may be counsel and prescribed.

solicitors.

indemaily.

21. (1) This section shall have effect for the purpose of adapting Adaptation in relation to this Ordinance any right (however and whenever created of rights to or arising) which a person may have to be indemnified against expenses incurred by him.

(2) In determining for the purposes of any such right the reason- ableness of any expenses, the possibility of avoiding them or part of them by taking advantage of this Ordinance shall be disreganled.

(3) Where a person having any such right to be indemnified against expenses incurred in connexion with any proceedings receives legal aid in connexion with those proceedings, then (without prejudice to the effect of the indeomity in relation to his contributions, if any, to the Director) the right shall operate also for the benefit of the Director as if the expenses incurred by the Director on behalf of the said person in connexion with the proceedings bad been incurred by such person.

(4) Where-

(a) a person's right to be indemnified against expenses incurred in connexion with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bring- ing or conduct of the proceeding; and

(b) those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed them- selves of that opportunity,

the right to be indemnified shall be treated for the purposes of sub- section (3) as not being subject to that condition.