1969-HKRS30-8-59_Part06 — Page 19

Citation and Commencement.

Interpretation.

(Cap 1990

(Cap. 213

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CRIMINAL PROCEDURE ORDINANCE.

(Chapter 221).

LEGAL AID IN CRIMINAL CASES RULES 1969.

In exercise of the powers conferred by section 9A of the Criminal Procedure Ordinance, the Chief Justice has made the following rules-

1.

PART I

PRELIMINARY.

These rules may be cited as the Legal Aid in Criminal Cases Rules 1969 and shall come into operation on a day to be appointed by the Chief Justice by notice in the Gazene.

1.

(E) In these rules, unless the context otherwise requires "aided person" means a person who has been granted a legal aid

certificate or an appeal aid certificate:

"appeal aid certificate" means an appeal aid certificate granted

under rule 10, 11, 12 or 13;

"appellant" means a person referred to in paragraph (b) or (c) of rule 4 who proposes to appeal to the Full Court or to the Supreme Court;

"counsel" 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, and who, at the material time, is not suspended from practice; "Director" means the Director of Legal Aid appointed under section 3 of the Legal Aid Ordinance and any Deputy Director and Assistant Director of Legal Aid so appointed; "disposable capital", in relation to an applicant for legal aid.

means bis capital as assessed under rule 15: "disposable income", in relation to an applicant for legal aid,

means his income as assessed under rule 15;

"disposable resources", in relation to an applicant for legal aid.

means his disposable capital and his disposable income;

"legal aid" means representation, as provided by these rules, by

counsel or solicitor or both;

"legal aid certificate" means a legal aid certificate granted under

rule 6. 7. 8 or 13;

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"solicitor" means a person enrolled on the roll of solicitors main- tained in accordance with the provisions of the Legal Practi- tioners Ordinance, and who, at the material time, is not suspended from practice,

(2) In these rules-

(a) references to counsel or solicitor shall be read as includ- ing references to the Director it, under rule 14, he is representing an accused person or appellant; and

(b) a reference to a form by number shall be read as a reference to the form so numbered in the First Schedule.

3.

(1) The Director shall prepare and maintain separate panels of counsel and solicitors willing to act for aided persons-

(a) in appeals in the Full Court;

(b) in trials in the Supreme Court; or

(e) in appeals in the Supreme Court.

(2) Unless the Director otherwise directs, a counsel or solicitor whose name is for the time being entered in any panel under this rule shall also act for an aided person-

(a) in any proceedings before the Full Court on appeal from

a trial in the Supreme Court in which he has acted; (b) in any proceedings before any court to which the pro- ceedings are referred by the court in which he has acted; and

(c) in any retrial ordered by the count in which he has acted. (3) The Director shall enter in the appropriate panel any limitation as to the number per annum and as to the type of proceedings in which a counsel or solicitor is prepared to act for aided persons and shall give effect to such limitation.

(4) Any counsel or solicitor shall be entitled to have his name included on all or any of the panels, unless the Director is satisfied that there is good reason for excluding him by reason of bis conduct when acting or assigned to act for persons receiving legal aid or of his professional conduct generally.

(5) The Director shall not include the name of a counsel or solicitor on any panel unless he is satisfied that such counsel or solicitor has a practising certificate, and shall remove from the panels the name of any counsel or solicitor who does not have a practising certificate.

(6) For the removal of doubt, it is hereby declared that where a solicitor is assigned to an aided person for the purpose of any

ICKD. 139,)

First Schedule.

Panels of

counsel and

solicitors.