1967-HKRS30-8-57_Part04 — Page 25

EMERGENCY REGULATIONS ORDINANCE. (Chapter 241).

EMERGENCY (LEGAL AID IN CRIMINAL CASES) (DISTRICT COURT) REGULATIONS 1967.

In exercise of the powers conferred by section 2 of the Emergency Regulations Ordinance, the Governor in Council has made the following regulations—-~~-~

1, These regulations may be cited as the Emergency (Legal Citation. Aid in Criminal Cases) (District Court) Regulations 1967.

2. (1) A person who is accused of an indictable offence punishable on conviction before the District Court with a term of imprisonment exceeding five years may, on the transfer of the charge or complaint to the District Court under section 88 of the Magistrates Ordinance, be granted free legal aid in the preparation and conduct of his defence in accordance with these regulations.

(2) On transferring such a charge or complaint to the District Court, the magistrate shall inquire from the accused whether or not he wishes to apply for the grant of free legal aid under these regulations, and if the accused applies for such legal aid the magistrate shall forthwith refer the application to the Director of Legal Aid appointed under the Legal Aid Ordinance,

3. In determining an application for free legal aid under these regulations, the Director of Legal Aid shall have regard to all the circumstances and in particular to-

(a) the desirability in the interests of justice that the accused should have legal aid in the preparation and conduct of his defence; and

(b) whether or not the means of the accused are sufficient

to enable him to obtain such aid.

4.

Where having regard to all the circumstances the Direc- lor of Legal Aid is satisfied that the accused should be granted free legal aid, he sball-

(a) grant him a legal aid certificate; and

(b) assign a solicitor and one counsel, or solicitor or counsel only, as be may think it, who has indicated that he is prepared to represent the accused,

5.

Where the Director of Legal Aid is not so satisfied, he

shall refuse the application for free legal aid, and his refusal shall be final and not subject to appeal.

Circumstances under which

SOCOLA MBY apply for legal aid.

OCmp. 227.1

(Cap. 91.3

Consideration of application for legal aid.

Grant of legal aid certificate, etc.

Refusal to grant legal aid.