||Title:||CRIMINAL PROCEDURE ORDINANCE||Gazette Number:|
|Section:||9A||Heading:||Legal aid in criminal cases||Version Date:||30/06/1997|
(1) Subject to subsection (1A), the Rules Committee may, with the approval of the Legislative Council, make rules providing for the granting of legal aid in criminal cases to persons of limited means which rules, in particular, may- (Amended 13 of 1995 s. 24; 37 of 1996 s. 2)
(1A) Rules may be made under subsection (1) for the granting of legal aid to accused persons who are not represented by counsel or solicitor (and whether or not such persons are of limited means) for the purposes of assisting the court, within the meaning of section 75(6), in its consideration of the question of fitness to be tried of such persons. (Added 37 of 1996 s. 2)
(a) make provision as to the information to be given by a person seeking or receiving legal aid;
(b) make provision as to the manner in which the rate of a person's disposable income and the amount of his disposable capital are to be computed for the purpose of the rules and the person or authority by whom such computation shall be made;
(c) determine whether any resources are to be treated as disposable income or disposable capital and for taking into account fluctuations of income;
(d) determine the contribution towards costs and expenses to be made by a person receiving legal aid;
(e) determine the extent to which any resources of a person's husband or wife shall be treated as that person's resources for the purpose of the rules;
(f) provide, in relation to infants and in other special cases, for taking into account the resources of other persons;
(g) prescribe the scale of fees and costs which shall be paid to solicitor or counsel acting for an aided person (or submitting any opinion for the purpose of the rules);
(h) prescribe any forms to be used for the purpose of the rules.
(2) The expenses of legal aid granted under such rules shall be met from moneys provided by the Legislative Council.
(Added 15 of 1969 s. 3)(See also Cap 91 s. 28(2))