Cap 91 s 19A All moneys due to aided person to be paid to Director (LEGAL AID ORDINANCE)

Contents of Section

Chapter:	91	Title:	LEGAL AID ORDINANCE	Gazette Number:	79 of 1995 s. 50; 25 of 1998 s. 2
Section:	19A	Heading:	All moneys due to aided person to be paid to Director	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) All moneys which may become payable to an aided person-

(a) by virtue of an order, including an order of the Court of Final Appeal, made in connection with the proceedings to which his legal aid certificate relates; (Amended 79 of 1995 s. 50)

(b) by virtue of any agreement made in connection with the proceedings to which his legal aid certificate relates, whether such agreement be made before or after the proceedings are actually begun;

(c) being moneys paid into court or the Court of Final Appeal by him or on his behalf in connection with the proceedings to which his legal aid certificate relates and ordered to be repaid to him; or (Amended 79 of 1995 s. 50)

(d) being moneys standing in court or in the Court of Final Appeal to the credit of any proceedings to which his legal aid certificate relates, (Amended 79 of 1995 s. 50)

shall be paid or repaid, as the case may be, to the Director unless the Director by notice in writing to the person responsible for payment and to the aided person directs otherwise. (Amended 14 of 1982 s. 14; 54 of 1984 s. 20)
(2) Subsection (1) shall not apply where any court or the Court of Final Appeal, authority or person, in exercise of a power under any law, gives any direction or exercises any discretion as to the payment of any sum to an aided person, and in such case the court or the Court of Final Appeal, authority or person shall provide that the sum payable to the aided person shall be subject to a first charge to be retained by the court or the Court of Final Appeal, authority or person for the benefit of the Director as a first charge for any sum due to be paid or repaid to him under this Ordinance. (Amended 27 of 1991 s. 12; 79 of 1995 s. 50)
(3) The provisions of this section shall apply in relation to all sums which may become payable to an aided person, notwithstanding any provision in-

(a) the Employees' Compensation Ordinance (Cap 282); or

(b) the High Court Ordinance (Cap 4); or (Amended 25 of 1998 s. 2)

which-

(i) restricts the payment of any sum to any person; or

(ii) prohibits the payment of any sum to any person.

(4) Only the Director shall be capable of giving a good discharge for moneys which may become payable to the Director under this section.
(5) In this section reference to an "aided person" (受助人) includes an aided person whose legal aid certificate has been revoked or discharged. (Added 27 of 1991 s. 12)

(Added 27 of 1967 s. 5)