Legal Aid
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parties and thereafter the contribution of the other party shall be charged to the extent of his own costs in so far as such costs are not recovered from the contribution of the party liable to pay costs.
(2) Subsection (1), in so far as it relates to the costs of an aided person, relates only to costs arising in respect of proceedings to which, and during the period to which, a legal aid certificate relates, and nothing in that subsection shall otherwise affect the liability for costs of an aided person.
(3) Where subsection (1) limits the liability for costs of an aided person such limitation shall extend-
(a) where the aided person has been granted legal aid in a representative or fiduciary capacity, to any other person on whose behalf the aided person is acting and for the benefit of any fund held for such other person; and
(b) where the aided person has been granted legal aid as the guardian of an infant, to the infant.
(4) In this section "proceedings in the Privy Council" means proceedings relating to an appeal to, or an application for leave to appeal to, the Privy Council other than proceedings for an application for such leave made in Hong Kong.
(Added 54 of 1984 s. 14)
17. Court may order payment of costs by aided person in certain event
(1) Where it appears to a court or judge that a legal aid certificate has been obtained by fraud or misrepresentation, the court or judge may order the aided person to pay the costs of the Director and of the counsel and solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.
(2) In subsection (1) a reference to an "aided person" shall include, in any case where the legal aid certificate has been revoked or discharged before the making of the order, the person who immediately before such revocation or discharge was the aided person. (Amended 27 of 1967 s. 3)
(3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the Director and of the counsel or solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.
(4) Where an order is made under subsection (1) or (3), the costs shall be taxed as if the party ordered to pay them were not an aided person.
Legal Aid
[CAP. 91
15
parties and thereafter the contribution of the other party shall be charged to the extent of his own costs in so far as such costs are not recovered from the contribution of the party liable to pay costs.
(2) Subsection (1), in so far as it relates to the costs of an aided person, relates only to costs arising in respect of proceedings to which, and during the period to which, a legal aid certificate relates, and nothing in that subsection shall otherwise affect the liability for costs of an aided person.
(3) Where subsection (1) limits the liability for costs of an aided person such limitation shall extend-
(a) where the aided person has been granted legal aid in a representative or fiduciary capacity, to any other person on whose behalf the aided person is acting and for the benefit of any fund held for such other person; and
(b) where the aided person has been granted legal aid as the guardian
of an infant, to the infant.
(4) In this section "proceedings in the Privy Council" means proceedings relating to an appeal to, or an application for leave to appeal to, the Privy Council other than proceedings for an application for such leave made in Hong Kong.
(Added 54 of 1984 s. 14)
;
¦
17. Court may order payment of costs
by aided person in certain event
(1) Where it appears to a court or judge that a legal aid certificate has been obtained by fraud or misrepresentation, the court or judge may order the aided person to pay the costs of the Director and of the counsel and solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.
(2) In subsection (1) a reference to an "aided person" shall include, in any case where the legal aid certificate has been revoked or discharged before the making of the order, the person who immediately before such revocation or discharge was the aided person. (Amended 27 of 1967 s. 3)
(3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the Director and of the counsel or solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.
(4) Where an order is made under subsection (1) or (3), the costs shall be taxed as if the party ordered to pay them were not an aided person.
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