A356
Ord. No. 54/84
Short title and commencement.
L.S.
LEGAL AID (AMENDMENT)
HONG KONG
No. 54 OF 1984
I assent.
Deputy to the Governor.
D. C. BRAY,
25 July 1984
An Ordinance to amend the Legal Aid Ordinance and make other amendments to
the law relating to legal aid in civil proceedings.
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Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. (1) This Ordinance may be cited as the Legal Aid (Amendment) Ordinance 1984.
(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
Amendment of
2.
section 2.
(Cap. 91.)
Section 2(1) of the principal Ordinance is amended---
(a) in the definition of “aided person” by deleting “and, where such a person is
an infant, includes his guardian";
(b) by inserting after the definition of "assignment" and "assigned" the follow-
ing-
* "contribution” means the contribution payable under this Ordinance by an aided person or formerly aided person to the costs and expenses of legal aid;";
(c) in the definition of "Director" by inserting after "Deputy Director" the
following ---
"of Legal Aid":
(d) by inserting after the definition of “Director" the following--
***Fund” means the Supplementary Legal Aid Fund established under
section 29;";
(e) by inserting after the definition of “guardian" the following—
“income”, “disposable income" and "disposable capital" mean income, disposable income or disposable capital as determined in the prescribed manner;";
(f) by inserting after the definition of “person” the following-
** "prescribed" means prescribed by regulations made under section 28;"; (g) in the definition of “solicitor" by deleting the full stop and substituting a
semicolon;
(h) by inserting after the definition of “solicitor" the following—
""Supplementary Legal Aid Scheme" means the provisions under this Ordinance for the grant of legal aid where section 5A applies; "transcript" includes the transcript of the official shorthand note and
any official typescript of the judge's manuscript note.”.
3.
LEGAL AID (AMENDMENT)
Ord. No. 54/84
Section 4 of the principal Ordinance is amended--- (a) in subsection (1) by inserting after "maintain" the following-
"separate";
(b) by deleting subsection (2) and substituting the following-
"(2) The Director shall enter in the panel any limitation as to the number per annum or 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.";
(c) in subsection (3) by deleting "the panels or any of them" and substituting
the following--
"the panel";
(d) in subsections (4) and (5) by deleting "any panel" and substituting the
following-
"the panel".
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Amendment of section 4.
Section 5 of the principal Ordinance is repealed and the following is Repeal and
substituted-
"Persons eligible for legal aid.
Second Schedule.
Supplementary legal aid.
Third Schedule.
5.
Legal aid to which this section applies shall, subject to and in accordance with this Ordinance, be available for any person whose disposable income does not exceed $1,500 a month and whose disposable capital does not exceed $15,000, for the civil proceedings mentioned in Part I of the Second Schedule, except proceedings mentioned in Part II of that Schedule.
5A. Legal aid to which this section applies (being legal aid under the Supplementary Legal Aid Scheme) shall, subject to and in accordance with this Ordinance, be available for any person-
(a) to whom legal aid is not available under section 5 because his disposable income or disposable capital are in excess of the amount therein prescribed; and
(b) whose income does not exceed $15,000 a month, and whose
disposable capital does not exceed $100,000,
for the civil proceedings mentioned in Part I of the Third Schedule, except proceedings mentioned in Part II of that Schedule.".
replacement of section 5.
Section 7 of the principal Ordinance is repealed and the following is Repeal and
5. substituted-
"Power of the Legislative
Council to make amendments.
6.
7.
The Legislative Council may, by resolution,- (a) amend the amounts of—
(b)
(i) disposable income and disposable capital specified in section 5; and
(ii) income and disposable capital specified in section 5A; and
amend the Second and Third Schedules.".
Section 8 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after “representative" the following---
"or fiduciary";
(b) by deleting subsections (4) and (5) and substituting the following-
"(4) References in subsection (1) to a person who wishes to be granted legal aid in a representative capacity shall extend to a person
replacement of section 7.
Amendment of
section 8.
No comments yet.
Private notes are available after approval.