1969-HKRS30-8-59_Part06 — Page 20

(Cap. 159.)

Legal aid for accused persons and appellants.

Application for

legal aid.

Form 3.

proceedings, any other solicitor in the same firm as the solicitor assigned may act for such person therein.

(7) Subject to paragraph (8), a counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.

(8) Nothing in this rule sball prejudice the right of counsel or solicitor to refuse, or to give up, a case on reasonable grounds.

(9) Subject to paragraph (7), a 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.

(10) In this rule-

"practising certificate" means a practising certificate in force under

section 6 or 30 of the Legal Practitioners Ordinance.

PART II

GRANT OF Legal Aid.

4. Subject to any requirement to make contributions under Part 111-

(a) an accused person committed for trial before the Supreme Court may be granted legal aid under these rules for the preparation and conduct of his defence and for any plea arising from the indictment;

(5) a person convicted of any offence before the Supreme Court or the District Court may be granted legal aid under these rules for any appeal to the Full Court and in any proceedings preliminary or incidental thereto; and

(c) a person who is convicted by, or aggrieved by, an order or determination of a magistrate in respect of or in con- nexion with any offence and who did not plead guilty or admit the truth of the information or complaint may be granted legal aid under these rules for the purpose of any appeal to the Supreme Court and any proceedings preliminary or incidental thereto,

if his disposable income per month does not exceed one thousand five hundred dollars and the value of his disposable capital does not exceed ten thousand dollars.

5. An application for legal aid under rule 4 shall be made to the Director and shall be in accordance with Form 1.

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6. Subject to rule 13 in the case of a capital charge, in determining an application for legal aid by an accused person the Director shall consider-

(a) all the circumstances of the case and, in particular, any recoinmendation of the commining magistrate; and (b) the disposable resources of the accused person. and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.

7. (1) Where the Director is satisfied that the accused person should be granted legal aid, the Director shall-

(a) grant him a legal aid certificate; and

(6) assign a solicitor and one or two counsel, one of whom may be leading counsel, as he may think fit, to represent him.

(2) A legal aid certificate...

(a) shall be in accordance with Form 2; and

(b) shall be forwarded by the Director to the accused person with a copy to the Registrar and to solicitor or counsel assigned under these rules.

8. (1) Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the Supreme Court a notice of bis refusal in accordance with Form 3.

(2) Where the Director has found that the disposable income or the disposable capital of the accused person exceeds the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.

(3) Where it appears to a judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge may, subject to paragraph (2), grant him a legal aid certificate, and the Director shall thereupon assign a solicitor and one or two counsel, one of whom may be leading counsel, as he may think fil, to represent the accused person.

9. It shall be the duty of solicitor or counsel assigned to an accused person under these rules-

(a) if the accused person is convicted, to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, specifying those grounds; and

Consideration of application for legal aid.

Gron of legal aid certificate.

Form 2.

Refusal to grant legal aid.

Form $.

Duty of solicitor or

counsel assigned.