1964_LEGAL_AID_ORDINANCE — Page 10

1989 Ed.]

Legal Aid

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(e) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant or of any person on whose behalf the applicant is acting pending determination of his application; ( (Amended 54 of 1984 s. 7)

(f) defray expenses incidental to any of the foregoing matters out of

any funds in his control which are available for the purpose.

10. Grant of legal aid certificates

(1) Subject to subsections (2) and (3), the Director may grant to a person a certificate that that person is entitled under the provisions of this Ordinance to legal aid in connection with any proceedings if the Director is satisfied that-

(a) legal aid is sought in connection with proceedings for which legal aid may be granted under section 5 or, as the case may be, sec- tion 5A;

(b) in the case of legal aid to which section 5 applies the disposable income of that person does not exceed the amount specified in respect of disposable income in that section;

(c) in the case of legal aid to which section 5A applies the income of that person does not exceed the amount specified in respect of income in that section; and

(d) that person does not have disposable capital of more than such amount as may be specified in respect of disposable capital in section 5 or, as the case may be, section 5A. (Replaced 54 of 1984 s. 8)

(2) The Director may refuse to grant a legal aid certificate, although satisfied of the matters specified in subsection (1) if, in his opinion, the applicant has disposed of any capital or income for the purpose of satisfying the conditions specified in those paragraphs. (Added 52 of 1970 s. 2. Amended 54 of 1984 s. 8)

(3) A person shall not be granted a legal aid certificate in connection with any proceedings unless he shows that he has reasonable grounds for taking, defending, opposing or continuing such proceedings or being a party thereto, and may also be refused legal aid where it appears to the Director that-

(a) only a trivial advantage would be gained by the applicant from

such proceedings;

(b) on account of the simple nature of the proceedings a solicitor

would not ordinarily be employed; or

(c) it is unreasonable that the applicant should be granted legal aid in the particular circumstances of the case. (Added 54 of 1984 s. 8)

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