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Chapter: | 221D
 | Title: | Legal Aid in Criminal Cases Rules | Gazette Number: | E.R. 2 of 2012 |
| Rule: | 2 | Heading: | Interpretation | Version Date: | 02/08/2012 |
(1) In these rules, unless the context otherwise requires—
aided person (受助人) means a person who has been granted a legal aid certificate or an appeal aid certificate;
appeal aid certificate (上訴援助證書) means an appeal aid certificate granted under rule 10, 11, 12 or 13;
appellant (上訴人) means a person referred to in rule 4(1)(c), (f) or (h); (L.N. 122 of 1982; L.N. 36 of 2012)
counsel (大律師) means a person who is enrolled as a barrister on the roll of barristers maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap 159), and who, at the material time, is not suspended from practice; (L.N. 122 of 1982; 79 of 1995 s. 50)
Director (署長) means the Director of Legal Aid appointed under section 3 of the Legal Aid Ordinance (Cap 91) and any Deputy Director of Legal Aid, Assistant Director of Legal Aid and Legal Aid Officer so appointed; (24 of 1983 s. 7; L.N. 204 of 1984)
disposable capital (可動用資產), in relation to an applicant for legal aid, means his capital as assessed under rule 15;
disposable income (可動用收入), in relation to an applicant for legal aid, means his income as assessed under rule 15;
financial resources (財務資源) means the financial resources of an aided person assessed in accordance with the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap 91 sub. leg. B); (L.N. 199 of 1992)
legal aid (法律援助) means representation, as provided by these rules, by counsel or solicitor or both;
legal aid certificate (法律援助證書) means a legal aid certificate granted under rule 6, 7, 8 or 13;
Registrar (司法常務官) means the Registrar of the High Court and, for the purposes of any proceedings before the Court of Final Appeal, includes the Registrar of the Court of Final Appeal; (L.N. 122 of 1982; 79 of 1995 s. 50; 25 of 1998 s. 2)
solicitor (律師) means a person enrolled on the roll of solicitors maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap 159), and who, at the material time, is not suspended from practice. (L.N. 122 of 1982; 79 of 1995 s. 50)
(79 of 1995 s. 50)
(2) In these rules—
(a) references to counsel or solicitor shall be read as including references to the Director if, under rule 14, he is representing an accused person or appellant;
(b) (Repealed L.N. 199 of 1992)
(ba) any references to an appeal to the Court of First Instance includes any opposition to such an appeal; (L.N. 36 of 2012)
(bb) any references to an appeal to the Court of Appeal includes proceedings before the Court of Appeal under Part IV of the Ordinance and proceedings before the Court of Appeal under section 84 of the District Court Ordinance (Cap 336), and any references to such an appeal includes any opposition to the appeal; (L.N. 36 of 2012)
(c) any references to an appeal to, or an application for leave to appeal to, the Court of Final Appeal shall include any opposition to such an appeal or application. (L.N. 122 of 1982; 79 of 1995 s. 50; L.N. 36 of 2012)
(3) In these rules, in any case to which rule 4(1)(ca) applies—
(a) the prescribed prisoner referred to in that rule shall be regarded as included in any reference to accused person or accused persons or to appellant or appellants, as the case may be; and
(b) the provisions of these rules shall apply to such case with such modifications as the circumstances require, and, without limiting the generality of the foregoing—
(i) rule 9(a) shall be read as if the reference to "convicted" were a reference to the subject of a determination under section 67C of the Ordinance, and the reference to "his conviction or sentence or both" were a reference to such determination under that section;
(ii) rule 10(a) shall be read as if it referred also to the certificate of solicitor or counsel assigned to represent the prescribed prisoner in question in the proceedings instituted under section 67C of the Ordinance as given under rule 9(a) (as read in accordance with sub-subparagraph (i)); and
(iii) rule 21(4)(a) and items 1 and 7 in the Table of Fees in Part 2 of the Schedule are to be read as if any reference to “the trial” or “any trial” were a reference to the proceedings instituted under section 67C of the Ordinance. (L.N. 36 of 2012)
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Note: For transitional provision relating to the amendments made by the Legal Aid in Criminal Cases (Amendment) Rules 2012 (L.N. 36 of 2012), see rule 9 of the Amendment Rules.