1964_LEGAL_AID_REGULATIONS — Page 11

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1988 Ed.]

Legal Aid Regulations

{CAP. 91

A 11

[Subsidiary]

Repeated refusal of certificates

11. (1) Where a person has applied for and been refused a certificate--

(a) on 2 or more occasions where the applications relate to substantially

the same cause or matter; or

(b) in any other case, on 4 or more occasions,

and it appears to the Director that his conduct has amounted to an abuse of the facilities provided by the Ordinance, the Director may order that no consideration shall be given to any future application by that person. (L.N. 326/84; L.N. 235/88)

(2) No such direction shall--

(a) apply to any application by that person on behalf of an infant; or

(b) remain in force for a period longer than 3 years.

Conduct of proceedings by solicitors

12. (1) Every set of papers, whether delivered by the Director to a solicitor or to counsel or by a solicitor to counsel, shall be marked "Legal Aid". (L.N. 326/84)

(2) Where it appears to the aided person's solicitor necessary for the proper conduct of the proceedings to take or to apply to the court for leave to take any one or more of the following steps, namely-

(a) to add any further party to the proceedings; or

(b) to bespeak any transcript of shorthand notes of any proceedings; or

(d) to instruct more than one counsel; or

(e) to set up or set off any right or claim having the same effect as a cross-action (other than a counter-claim or set-off arising out of the same transaction and capable of being pleaded as a defence), or to reply to any right or claim so set up or so set off by any other party; or

(f) to file any counter-claim, cross-petition or cross-appeal, (L.N. 235/88)

he shall (unless the certificate provides for the act in question to be done) apply to the Director for authority so to do, and no payment shall be allowed on taxation for any such step taken without the approval of the Director.

(3) The Director may give general authority to solicitors acting for aided persons in any particular class of case to obtain experts' opinion and to tender expert evidence, and if so he shall state the maximum fee to be paid for any report or opinion or expert witness.

(4) Where it appears to an aided person's solicitor necessary for the proper conduct of the proceedings either--

(a) to obtain a report or opinion of one or more experts or to tender expert evidence in a case of a class not included in any general authority under paragraph (3); or

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1988 Ed.] Legal Aid Regulations {CAP. 91 A 11 [Subsidiary] Repeated refusal of certificates 11. (1) Where a person has applied for and been refused a certificate-- (a) on 2 or more occasions where the applications relate to substantially the same cause or matter; or (b) in any other case, on 4 or more occasions, and it appears to the Director that his conduct has amounted to an abuse of the facilities provided by the Ordinance, the Director may order that no consideration shall be given to any future application by that person. (L.N. 326/84; L.N. 235/88) (2) No such direction shall-- (a) apply to any application by that person on behalf of an infant; or (b) remain in force for a period longer than 3 years. Conduct of proceedings by solicitors 12. (1) Every set of papers, whether delivered by the Director to a solicitor or to counsel or by a solicitor to counsel, shall be marked "Legal Aid". (L.N. 326/84) (2) Where it appears to the aided person's solicitor necessary for the proper conduct of the proceedings to take or to apply to the court for leave to take any one or more of the following steps, namely- (a) to add any further party to the proceedings; or (b) to bespeak any transcript of shorthand notes of any proceedings; or (c) to lodge any interlocutory appeal; or (d) to instruct more than one counsel; or (e) to set up or set off any right or claim having the same effect as a cross-action (other than a counter-claim or set-off arising out of the same transaction and capable of being pleaded as a defence), or to reply to any right or claim so set up or so set off by any other party; or (f) to file any counter-claim, cross-petition or cross-appeal, (L.N. 235/88) he shall (unless the certificate provides for the act in question to be done) apply to the Director for authority so to do, and no payment shall be allowed on taxation for any such step taken without the approval of the Director. (3) The Director may give general authority to solicitors acting for aided persons in any particular class of case to obtain experts' opinion and to tender expert evidence, and if so he shall state the maximum fee to be paid for any report or opinion or expert witness. (4) Where it appears to an aided person's solicitor necessary for the proper conduct of the proceedings either-- (a) to obtain a report or opinion of one or more experts or to tender expert evidence in a case of a class not included in any general authority under paragraph (3); or

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1988 Ed.] Legal Aid Regulations {CAP. 91 A 11 [Subsidiary] Repeated refusal of certificates 11. (1) Where a person has applied for and been refused a certificate-- (a) on 2 or more occasions where the applications relate to substantially the same cause or matter; or (b) in any other case, on 4 or more occasions, and it appears to the Director that his conduct has amounted to an abuse of the facilities provided by the Ordinance, the Director may order that no considera- tion shall be given to any future application by that person. (L.N. 326/84; L.N. 235/88) (2) No such direction shall-- (a) apply to any application by that person on behalf of an infant; or (b) remain in force for a period longer than 3 years. Conduct of proceedings by solicitors 12. (1) Every set of papers, whether delivered by the Director to a solicitor or to counsel or by a solicitor to counsel, shall be marked "Legal Aid". (L.N. 326/84) (2) Where it appears to the aided person's solicitor necessary for the proper conduct of the proceedings to take or to apply to the court for leave to take any one or more of the following steps, namely- (a) to add any further party to the proceedings; or (b) to bespeak any transcript of shorthand notes of any proceedings; or (c) to lodge any interlocutory appeal; or (d) to instruct more than one counsel; or (e) to set up or set off any right or claim having the same effect as a cross-action (other than a counter-claim or set-off arising out of the same transaction and capable of being pleaded as a defence), or to reply to any right or claim so set up or so set off by any other party; or (f) to file any counter-claim, cross-petition or cross-appeal, (L.N. 235/88) he shall (unless the certificate provides for the act in question to be done) apply to the Director for authority so to do, and no payment shall be allowed on taxation for any such step taken without the approval of the Director. (3) The Director may give general authority to solicitors acting for aided persons in any particular class of case to obtain experts' opinion and to tender expert evidence, and if so he shall state the maximum fee to be paid for any report or opinion or expert witness. (4) Where it appears to an aided person's solicitor necessary for the proper conduct of the proceedings either-- (a) to obtain a report or opinion of one or more experts or to tender expert evidence in a case of a class not included in any general authority under paragraph (3); or ¡

2026-05-04 22:25:53 · Baseline

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