D 10
[Subsidiary]
CAP. 221] Legal Aid in Criminal Cases Rules
PART IV
MISCELLANEOUS
[1985 Ed.
Committing magistrate to inform accused of his right to apply for legal aid.
L.N. 64/78.
(Cap. 227.)
Copies of transcripts.
[cf. Cap. 221. sub. leg. A. r. 5.]
L.N. 157/86
Solicitor and counsel fees.
L.N. 115/85.
L.N. 414/91.
L.N. 169/69.
L.N. 70/73
L.N. 289/79,
L.N. 115/85.
L.N. 87/90
L.N. 70/73. L.N. 289/79.
L.N. 148/73.
L.N. 414/81.
19. (1) [Deleted, L.N. 323/83]
(2) Upon transferring a charge or complaint to the District Court under Part IV of the Magistrates Ordinance the magistrate shall inform the accused person of his right to apply for legal aid.
Hong
20. Solicitor or counsel assigned to an accused person or to an appellant under these rules shall be entitled upon application to receive free of charge from the appropriate court a copy of the transcript of the proceedings or of the depositions, including documentary exhibits, if any, in the case.
21. (1) The fees payable to a solicitor or counsel assigned under these rules to represent an aided person shall be determined by the Director having regard to the work actually and reasonably done and, subject to this rule, in accordance with the following:
(a) to a solicitor assigned under a legal aid certificate in respect of proceedings in the High Court or an appeal aid certificate a fee of $2000 and additionally, if the trial or appeal is not concluded on the day on which it started, a daily fee of not less than $340 and not exceeding $1750 in respect of the second and every subsequent day: $100
(b) to a solicitor assigned under a legal aid certificate in respect of proceedings in the District Court a fee of $1500, and additionally, if the trial is not concluded on the day on which it started, a daily fee of not less than $340 and not exceeding $1200 in respect of the second and every subsequent day:
(c) to a solicitor assigned under a legal aid certificate to act as advocate as well as instructing solicitor in respect of proceedings in the District Court the fee payable to him under sub-paragraph (b) and, in respect of his advocacy, such additional fee, not exceeding the fee applicable to counsel under sub-paragraph (e), as appears to be proper in the circumstances;
(d) to counsel assigned under a legal aid certificate in respect of proceedings in the High Court or an appeal aid certificate, a fee not exceeding $8,000 or in the case of Queen's Counsel, such fee as appears to the Director to be proper in the circumstances; and additionally, if the trial or appeal is not concluded on the day on which it started, such daily fee not exceeding one half of the fee allowed under this sub-paragraph in respect of the second and every subsequent day as appears to be proper in the circumstances;
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Page 11
D 10
[Subsidiary]
CAP. 221] Legal Aid in Criminal Cases Rules
PART IV
MISCELLANEOUS
[1985 Ed.
Committing magistrate to
inform accused of his right to apply for legal aid.
L.N. 64/78.
(Cap. 227.)
Copies of transcripts.
[ef. Cap. 221. sub. leg. A. r. 5.)
LN157186
Solicitor and counsel fees. L.N. 115/35.
L.N. 414/91.
L.N. 169/69.
L.X. 70/73
L.N. 289779,
L.N. 115/85.
L~87/90
L.N. 70/73. L.X. 289/79.
L.N. 148/73.
L.N. 414/81.
19. (1) [Deleted, L.N. 323/83]
(2) Upon transferring a charge or complaint to the District Court under Part IV of the Magistrates Ordinance the magistrate shall inform the accused person of his right to apply for legal aid.
Hong
20. Solicitor or counsel assigned to an accused person or to an appellant under these rules shall be entitled upon, application to receive free of charge from the appropriate court à copyle
of the transcript of the proceedings or of the depositions, including docu- mentary exhibits, if any, in the case.
21. (1) The fees payable to a solicitor or counsel assigned under these rules to represent an aided person shall be determined by the Director having regard to the work actually and reasonably done and, subject to this rule, in accordance with the following-
(a) to a solicitor assigned under a legal aid certificate in respect of proceedings in the High Court or an appeal aid certifi- cate a fee of $2000 and additionally, if the trial or appeal is not concluded on the day on which it started, a daily fee
220 of not less than $340 and not exceeding $1750 in respect of the second and every subsequent day: 2100
(b) to a solicitor assigned under a legal aid certificate in respect
of proceedings in the District Court a fee of $ISH, ange additionally, if the trial is not concluded on the day, on which it started, a daily fee of not less than $340
not exceeding $0 in respect of the second and every subsequent day: 1200
(c) to a solicitor assigned under a legal aid certificate to act as advocate as well as instructing solicitor in respect of proceedings in the District Court the fee payable to him under sub-paragraph (b) and, in respect of his advocacy, such additional fee, not exceeding the fee applicable to counsel under sub-paragraph (e), as appears to be proper in the circumstances;
(d) to counsel assigned under a legal aid certificate in respect of proceedings in the High Court or an appeal aid certifi- cate, a fee not exceeding $8,000 def the case of Queen's Counsel, such fee as appears to the Director to be proper in the circumstances; and additionally, if the trial or appeal is not concluded on the day on which it started, such daily fee not exceeding one half of the fee allowed under this sub-paragraph in respect of the second and every subse- quent day as appears to be proper in the circumstances;
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