Contents of Section
Bookmark
Add to Printing List

Chapter:

91 PDFTitle:LEGAL AID ORDINANCEGazette Number:
Section:10Heading:Grant of legal aid certificatesVersion Date:30/06/1997

(1) Subject to subsections (2) and (3), the Director may grant to a person a certificate that that person is entitled under the provisions of this Ordinance to legal aid in connection with any proceedings if the Director is satisfied that-

        (a) legal aid is sought in connection with proceedings for which legal aid may be granted under section 5 or, as the case may be, section 5A;
        (b) in the case of legal aid to which section 5 applies, subject to section 5AA, the financial resources of that person do not exceed the amount specified in that section in respect of financial resources; and (Replaced 27 of 1991 s. 9. Amended 43 of 1995 s. 6)
        (c) in the case of legal aid to which section 5A applies the financial resources of that person do not exceed the amount specified in that section in respect of financial resources.
        (d) (Repealed 27 of 1991 s. 9)
(2) The Director may refuse to grant a legal aid certificate, although satisfied of the matters specified in subsection (1) if, in his opinion, the applicant has disposed of any capital or income for the purpose of satisfying the conditions specified in those paragraphs or has failed to maximise his earning potential so as to expend or reduce his financial resources for that purpose. (Added 52 of 1970 s. 2. Amended 54 of 1984 s. 8; 27 of 1991 s. 9)
(3) A person shall not be granted a legal aid certificate in connection with any proceedings unless he shows that he has reasonable grounds for taking, defending, opposing or continuing such proceedings or being a party thereto, and may also be refused legal aid where it appears to the Director that-
        (a) only a trivial advantage would be gained by the applicant from such proceedings;
        (b) on account of the simple nature of the proceedings a solicitor would not ordinarily be employed; (Amended 27 of 1991 s. 9)
        (c) it is unreasonable that the applicant should be granted legal aid in the particular circumstances of the case; (Added 54 of 1984 s. 8. Amended 27 of 1991 s. 9)
        (d) since making the application the applicant has departed Hong Kong and remained outside Hong Kong for any continuous period of 6 months; (Added 27 of 1991 s. 9. Amended 43 of 1995 s. 6)
        (e) the applicant has failed to comply with a requirement of the Director made under section 9(b) or (c); (Added 27 of 1991 s. 9)
        (f) the applicant has allowed an offer or legal aid to lapse or has indicated that he wishes to withdraw his application; or (Added 43 of 1995 s. 6)
        (g) there are other persons concerned jointly with, or having the same interest as, the applicant in seeking a substantially similar outcome of the proceedings unless the applicant would be prejudiced by not being able to take his own or joint proceedings. (Added 43 of 1995 s. 6)