TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 138

A366

Ord. No. 54/84

Addition of Third

Schedule.

LEGAL AID (AMENDMENT)

appeal against any judgment or order of the court in which the proceedings were brought;

(b) succeeds, whether in whole or in part, in such proceedings and fails to defend any appeal brought by any other person. the Director may himself oppose such appeal.

(2) Where the Director exercises his powers under subsection (1) he shall have all the rights and privileges which the aided person would have had had he brought or opposed the appeal, including the right to settle the proceedings by means of a compromise arrived at with another party to the proceedings.

(3) Where the Director appeals or opposes an appeal under this section all expenses payable in connexion with such appeal, including any amount payable under an order as to costs, shall be paid by the Director out of the Fund; but if the Director succeeds on the appeal in whole or in part section 32 shall apply as if the aided person had himself appealed or defended the appeal.".

27. The principal Ordinance is amended by adding after the Second Schedule the following Schedule--

LEGAL AID (AMENDMENT)

Ord. No. 54/84

A367

Provided that any such counsel or solicitor may request that an entry may be made under subsection (2) of that section limiting the type of proceedings in which he is prepared to act by excluding therefrom any type of proceedings in which he has not indicated willingness to act prior to such commencement, and the Director shall comply with any such request.

Passed by the Hong Kong Legislative Council this 24th day of July 1984.

R. I. W. UPTON, Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the

said bill.

"THIRD SCHEDULE

[s. 5A.]

Amendment of

section 35A of

the Magistrates Ordinance. (Cap. 227.)

Transitional.

PROCEEDINGS FOR WHICH LEGAL AID MAY BE GIVEN UNDER SECTION 5A

PART I

Description of proceedings

In the High Court or Court of Appeal, civil proceedings brought by the aided person for damages in a claim arising from personal injuries to, or the death of, any person and proceedings incidental to such proceedings including the defence of any counterclaim.

PART II

Excepted proceedings

Claims for damages for personal injuries or death sustained or alleged to be sustained as a result of the negligence of, or the breach of statutory duty by.—

(a) a medical or dental practitioner; or

(b) any other person who carries on a profession which, in the opinion of

the Director, is a profession allied to medicine,

acting in his capacity as a practitioner of medicine, dentistry or profession allied to medicine.".

28. Section 35A of the Magistrates Ordinance is amended--

(a) in subsection (1)—

(i) in paragraph (e) by deleting the full stop and substituting a semicolon; (ii) by inserting after paragraph (e) the following-

"(/) the Director of Legal Aid.";

(b) in subsection (3) by deleting "or the Attorney General" and substituting the

following-

", the Attorney General or the Director of Legal Aid".

29. Any counsel or solicitor who was entered on a panel maintained for the purposes of section 4 of the principal Ordinance prior to the commencement of this Ordinance shall be deemed to be entered on the appropriate panel maintained under section 4 of the principal Ordinance after such commencement:

R. I. W. UPTON, Clerk to the Legislative Council.