TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 135

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Ord. No. 54/84

Liability for costs.

LEGAL AID (AMENDMENT)

or on behalf of the solicitor assigned to act for him, shall be so paid, except in the case of those paid directly by the Director, and the expenses paid by the solicitor shall be refunded to him by the Director;

(b) his counsel and solicitor shall be paid by the Director in

accordance with section 20;

(c) except in Privy Council proceedings, he shall not be liable in respect of proceedings to which the certificate relates for court fees or for fees payable for the service of process or for any fees due to the bailiff in connexion with the execution of process, but for the purposes of any order or agreement of costs made in his favour with respect to the proceedings such costs shall be deemed to have been paid by him and sections 19, 19A(1) and 19B(b) shall apply accordingly; (d) except in Privy Council proceedings, he shall be entitled to be supplied free of charge with a transcript of the evidence in any proceedings to which the certificate relates and, in the event of there being any other relevant proceedings, with a transcript of the relevant evidence in such other proceedings and also, if such other proceedings are criminal proceedings, of the judge's summing up in such other proceedings; (e) he may be required to make a contribution to the Director; (f) his liability for costs shall be determined in accordance with

section 16C.

16C. (1) The liability of an aided person and of the Director for costs shall be determined in the following manner-

(a) an aided person shall not be liable for costs incurred by the

Director on his behalf-

(i) in the case of costs incurred under the Supplementary Legal Aid Scheme, except in accordance with section 32; and

(ii) in any other case, in excess of such aided person's contribution;

(b) where a court or the Privy Council makes an order for costs against an aided person, or an agreement is entered into for the payment of costs by an aided person, in favour of a person not receiving legal aid—--

(i) in any case in which the party not receiving legal aid is a defendant or respondent in the proceedings or, in the case of an appeal (including an appeal to, or an application for leave to appeal to, the Privy Council), is a respondent therein, such costs shall be paid by the Director; and

(ii) in any other case, neither the Director nor the aided person shall be liable for such costs unless a contribution is payable by the aided person under section 18(1)(b); in which case the Director on behalf of the aided person shall pay such costs to the extent that the contribution is in excess of the costs incurred by the Director on behalf of the aided person; and

(c) where a court or the Privy Council makes an order for costs against an aided person, or an agreement is entered into for the payment of costs against an aided person, in favour of a person who is also receiving legal aid, neither such person shall be liable for such costs in excess of his contribution and the contribution of the party who is liable for the payment of costs under such order or agreement shall be

LEGAL AID (AMENDMENT)

Ord. No. 54/84

A361

charged first with the costs of both parties and thereafter the contribution of the other party shall be charged to the extent of his own costs in so far as such costs are not recovered from the contribution of the party liable to pay

costs.

(2) Subsection (1), in so far as it relates to the costs of an aided person, relates only to costs arising in respect of proceedings to which, and during the period to which, a legal aid certificate relates, and nothing in that subsection shall otherwise affect the liability for costs of an aided person.

(3) Where subsection (1) limits the liability for costs of an aided person such limitation shall extend-

(a) where the aided person has been granted legal aid in a representative or fiduciary capacity, to any other person on whose behalf the aided person is acting and for the benefit

fund held for such other person; and any

of

(b) where the aided person has been granted legal aid as the

guardian of an infant, to the infant.

(4) In this section "proceedings in the Privy Council" means proceedings relating to an appeal to, or an application for leave to appeal to, the Privy Council other than proceedings for an applica- tion for such leave made in Hong Kong.".

15. Section 17(5) of the principal Ordinance is amended by deleting "14(3)(a) Amendment of and (b)" and substituting the following-

**16B(c) and (d)”.

16. Section 18(1) of the principal Ordinance is amended—

(a) by deleting subsection (1) and substituting the following-

"(1) An aided person shall pay to the Director a contribution-

(a) where legal aid has been granted to him under the Supplementary

Legal Aid Scheme, in accordance with section 32; and

(b) in any other case, if so required by the Director, towards the sums that may be or become payable on his account by the Director.":

(b) in subsection (3)----

(i) by deleting the full stop and substituting a colon;

(ii) by adding the following proviso-

“Provided that nothing in this subsection shall apply to a contribu- tion payable under section 32.”.

17. Section 18A of the principal Ordinance is amended--

(a) by deleting subsection (1) and substituting the following—

"(1) Subject to this section-

(a) the amount of a contribution to the extent that it is unpaid;

and

(b) except where legal aid has been granted under the Supplemen- tary Legal Aid Scheme, if the total contribution is less than the net liability of the Director on account of the aided person, a sum equal to the deficiency,

shall be a first charge for the benefit of the Director on any property (wherever situated) which is recovered or preserved for the aided person in the proceedings.";

section 17.

Amendment of section 18.

Amendment of section 18A.

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