Contents of Section

Chapter:

91 PDFTitle:LEGAL AID ORDINANCEGazette Number:L.N. 312 of 1998
Section:24Heading:Privileges attaching to certain relationshipsVersion Date:11/09/1998

(1) The like privileges and rights as those which arise from the relationship of client, counsel and solicitor acting in their professional employment shall arise from the following relationships, that is to say-

        (a) the relationship between an applicant for legal aid and the Director and counsel and solicitor to whom the application is referred;
        (b) the relationship between an aided person and the Director and counsel and solicitor assigned to act for him in any proceedings to which a legal aid certificate relates.
(2) (Repealed 27 of 1991 s. 15)
(3) Save as provided by this Ordinance, the rights conferred by this Ordinance on an aided person shall not affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.
(4) A person shall not disclose information given for the purposes of this Ordinance concerning a person seeking or receiving advice, assistance or representation otherwise than-
        (a) to enable the proper performance by a person of a function under this Ordinance;
        (b) to advice on, institute and pursue criminal proceedings for an offence arising out of the operation of this Ordinance or to report the proceedings; or
        (c) with the consent of the person concerned and, if he did not give the information, the consent of the person who did. (Added 43 of 1995 s. 9)
(5) Subsection (4) does not apply to information in the form of a summary or collection of information set out in a manner that does not enable information concerning a particular person to be ascertained from it. (Added 43 of 1995 s. 9)
(6) Information given to counsel or a solicitor acting in that capacity by or on behalf of a person seeking or receiving advice, assistance or representation under this Ordinance is not information given for the purposes of this Ordinance. (Added 43 of 1995 s. 9)
(7) In this section, "court" (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50. Amended L.N. 312 of 1998)