1964_LEGAL_AID_ORDINANCE — Page 11

Legal Aid

[1989 Ed.

11. Revocation and discharge of certificates

The Director may, in such circumstances and manner as may be prescribed, revoke or discharge any legal aid certificate.

12. Application for aid by more than one party

(1) If, in relation to any proceedings to which a person who has made an application for legal aid or an aided person is a party, any other party makes application for legal aid, the provisions of this Ordinance shall apply to both such parties:

Provided that the Director shall not himself act for either such party but shall assign counsel or solicitor-

(a) in proceedings before the Privy Council, selected by the Director;

or

(b) in other proceedings, selected by the aided person, if he so desires, or otherwise by the Director from the panel,

to act for each aided person unless the Director is already acting in any proceedings to which an aided person is a party when such other party makes application for legal aid, in which case the Director may, if in his opinion no conflict of interest or prejudice to any aided person arises, continue so to act. (Amended 14 of 1982 s. 6; 54 of 1984 s. 9)

(2) Where the Director continues to act for an aided person in accordance with the proviso to subsection (1) he shall assign from the panel a solicitor and, additionally or alternatively, counsel to act for the other aided person. (Added 54 of 1984 s. 9)

13. Endorsement of legal aid certificate

(1) Where a legal aid certificate is granted, the Director may act for the aided person in any proceedings, or part of any proceedings, in Hong Kong and-

(a) in proceedings before the Privy Council, the Director may assign any counsel and solicitor; or

(b) in other proceedings, the Director may assign counsel or solicitor, to be selected by the aided person, if he so desires, or otherwise selected by the Director, (Amended 54 of 1984 s. 10) and the Director shall endorse on the legal aid certificate the name of any counsel or solicitor assigned. (Replaced 14 of 1982 s. 7)

(2) The Director may, if he is of the opinion that any proceedings are, or may become, of exceptional difficulty or importance, state in the certificate that the aided person should be represented by 2 counsel, one of whom may be leading counsel, in such proceedings.