1985 Ed.]
Legal Aid in Criminal Cases Rules
[CAP. 221
9. It shall be the duty of solicitor or counsel assigned to an accused person under these rules-
(a) if the accused person is convicted, to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, settling those grounds; and
(b) 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-
(a) 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
(b) the disposable resources of the appellant,
and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.
11. (1) If the Director is satisfied that the appellant should be granted legal aid, the Director shall-----
(a) grant him an appeal aid certificate; and
(b) assign a solicitor and 1 or 2 counsel, one of whom may be leading counsel, or solicitor or counsel only, as he may think fit, to represent him.
(2) An appeal aid certificate-
(a) shall be in accordance with Form 4; and
(b) shall be forwarded by the Director to the appellant with a copy to the appropriate court in Hong Kong and to solicitor or counsel assigned in accordance with these rules.
12. (1A) This rule shall not apply to proceedings relating to an appeal to, or an application for leave to appeal to, the Privy Council.
(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 forward to the Registrar a notice of his refusal in accordance with Form 3, Form 3A or Form 3B, as the case may require.
(2) Where the Director is not satisfied that the disposable income or the disposable capital of the appellant does not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.
D7
[Subsidiary]
Duty of solicitor or counsel assigned.
L.N. 204/84.
Legal aid for appellants.
Grant of appeal aid certificate.
Form 4
L.N. 70/73. L.N. 122/82.
Refusal to grant legal aid to appeal.
L.N. 122/82. L.N. 70/73. L.N. 156/81. L.N. 412/81.
Forms 3, 3A and 3B.
L.N. 204/84.
1985 Ed.]
Legal Aid in Criminal Cases Rules
[CAP. 221
9. It shall be the duty of solicitor or counsel assigned to an accused person under these rules-
(a) if the accused person is convicted. to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, settling those grounds; and
(b) 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-
(a) 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
(b) the disposable resources of the appellant.
and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.
11. (1) If the Director is satisfied that the appellant should be granted legal aid, the Director shall-----
(a) grant him an appeal aid certificate: and
(b) assign a solicitor and 1 or 2 counsel, one of whom may be leading counsel, or solicitor or counsel only, as he may think fit, to represent him.
(2) An appeal aid certificate-
(a) shall be in accordance with Form 4; and
(b) shall be forwarded by the Director to the appellant with a copy to the appropriate court in Hong Kong and to soli- citor or counsel assigned in accordance with these rules.
12. (IA) This rule shall not apply to proceedings relating to an appeal to, or an application for leave to appeal to. the Privy Council.
(1) If the Director is not satisfied that the appellant should be granted legal aid to appeal, the Director shall refuse the applica- tion and shall forward to the Registrar a notice of his refusal in accordance with Form 3, Form 3A or Form 3B, as the case may require.
(2) Where the Director is not satisfied that the disposable income or the disposable capital of the appellant does not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.
D7
[Subsidiary]
Duty of solicitor
or counsel assigned.
L.N. 204/84.
Legal aid for- appellants.
Grant of appeal aid certificate.
Form 4
L.N. 70/73. L.N. 122/82.
Refusal to grant
legal aid to appeal. L.N. 122/82. L.N. 70/73. L.N. 156/81. L.N. 412/81.
Forms 3. 3A and 3B.
L.N. 204/84.
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