1969-HKRS30-8-59_Part06 — Page 21

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Legal aid for appellants.

Grant of appeal aid certificate.

Form 4.

Refusal to

grant legal aid to appeal.

Fatca 3.

(6) if the accused person proposes to appeal, to give notice of appeal or of an application for leave to appeal and to attend to any matter preliminary thereto.

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

(

all the circumstances of the case and, in particular, the certificate of counsel assigned to represent him at his trial given under rule 9; and

(8) the disposable resources of the appellant

and shall not grant the application unless he is satisfied that legol aid is desirable in the interests of justice.

II. (1) If the Director is satisfied that the appellant should be granted legal aid, the Director shall-

(4) grant him an appeal aid certificate; and

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

(2) An appeal aid certificate-

(a) shall be in accordance with Form 4; and

(5) shall be forwarded by the Director to the appellant with a copy to the Registrar and to solicitor or counsel assigned in accordance with these rules.

12 (1) If the Director is not satisfied that the appellant should be granted legal aid to appeal, the Director shall refuse the application and shall file in the Supreme Court a notice of his refusal in accordance with Form 3.

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

(3) If on an appeal from any conviction, order or determina- tion of a magistrate in respect of or in connexion with any offence. it appears to a judge or, in the case of an appeal to the Full Court, to the court or a judge thereof that an appellant should be granted legal aid notwithstanding that the Director refused his application. the judge or the Full Court may, subject to paragraph (2), grant him an appeal aid certificate, and the Director shall thereupon assign a solicitor and one or two counsel, one of whom may be leading counsel, or solicitor or counsel only, as he may think fit, to represent the appellant.

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13 (1) Notwithstanding anything contained in this Part, where a person-

(a) is committed for trial upon a capital charge: or (b) is convicted of a capital charge and proposes to appeal

therefrom,

the Director may, having considered the disposable resources of the accused person or appellant, grant him a legal aid certificate or an appeal aid certificate, as the case may require, and shall do so if his disposable resources do not exceed the relevant amounts specified in rule 4.

(2) The powers of the Director under paragraph (1) may be exercised by a judge or, in the case of an appeal to the Full Court, by the court or a judge thereof, and the court or judge, if it or he thinks fit, may by order exempt the accused person or appellant From the requirements of Part III.

(3) Upon granting a legal aid certificate or an appeal aid certificate under this rule, the Full Court, the judge or the Director shall assign a solicitor and one or two counsel, one of whom may be leading counsel, as it or be may think fit, to represent the accused person or appellant.

14. The Director may, in lieu of assigning solicitor or counsel to an accused person or appellant under these rules. represent the accused person or appellant.

PART III.

ASSESSMENT OF CONTRIBUTIONS.

15. For the purposes of this Part-

(2) the Director shall assess the disposable capital and disposable income of each applicant for legal aid in accordance with the Legal Aid (Assessment of Con- tributions) Regulations as if he were a person seeking legal aid under the Legal Aid Ordinance; and

(b) the application of regulations 4. 5. 6 and 7 of those

regulations shall extend accordingly.

16. (1) An aided person may be required to pay to the Director a contribution towards the sums payable on his account by the Director in any case where-

(a) his disposable income exceeds five hundred dollars per

month; or

(b) his disposable capital exceeds three thousand dollars,

Legal aid in capital cases.

Ditector may represent aided person.

Assessment of disposable capital and disposable incama.

(CNR. 71. sub. leg.1

(Cap. 91)

Contribution

by aided person. ter. Cap. 91, x 100