Legal Aid Ordinance


Published: 1997-06-30

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Cap 91 - LEGAL AID ORDINANCE 1

Chapter: 91 LEGAL AID ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To make provision for the granting of legal aid in civil actions to persons of limited means and for purposes incidental
thereto or connected therewith.


[12 January 1967] L.N. 1 of 1967


(Originally 36 of 1966)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Legal Aid Ordinance.

Section: 2 Interpretation L.N. 230 of 2000 03/07/2000


(1) In this Ordinance, unless the context otherwise requires-
"aided person" (受助人) means a person to whom has been granted a legal aid certificate which is still in force;

(Amended 54 of 1984 s. 2)
"assignment" and "assigned" (指派) include assignment of solicitor or counsel by the Director, selection of solicitor

or counsel by an aided person and briefing of counsel by a solicitor;
"contribution" (分擔費用) means the contribution payable under this Ordinance by an aided person or formerly aided

person to the costs and expenses of legal aid; (Added 54 of 1984 s. 2)
"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; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"court" (法院) means any court, tribunal or person in respect of proceedings before which legal aid may be granted
but does not include the Court of Final Appeal; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"Director" (署長) means the Director of Legal Aid appointed under the provisions of section 3 and any Deputy
Director of Legal Aid, Assistant Director of Legal Aid and Legal Aid Officer so appointed; (Amended 24 of
1983 s. 2; 54 of 1984 s. 2)

"domestic proceedings" (家事法律程序) means proceedings under the Matrimonial Proceedings and Property
Ordinance (Cap 192), the Matrimonial Causes Ordinance (Cap 179), the Guardianship of Minors Ordinance
(Cap 13), the Separation and Maintenance Orders Ordinance (Cap 16) or the Parent and Child Ordinance (Cap
429); (Replaced 26 of 2000 s. 2)

"financial resources" (財務資源) means financial resources as determined in the prescribed manner; (Added 27 of
1991 s. 2)

"Fund" (計劃基金) means the Supplementary Legal Aid Fund established under section 29; (Added 54 of 1984 s. 2)
"guardian" (監護人), in relation to an infant, includes, without prejudice to the generality of the expression, such

person as the Director considers might properly be appointed by the court to be the next friend or guardian ad
litem of the infant;

"income" (收入), "disposable income" (可動用收入) and "disposable capital" (可動用資產) mean income,
disposable income or disposable capital as determined in the prescribed manner; (Added 54 of 1984 s. 2)

"infant" (幼年人) means an unmarried person who has not attained the age of 18 years; (Added 27 of 1991 s. 2)
"judge" (法官) means a judge of the High Court or the District Court, as the case may be; (Amended 25 of 1998 s. 2)
"legal aid" (法律援助) means legal aid granted under the provisions of this Ordinance;
"legal aid certificate" (法律援助證書) means a legal aid certificate granted under section 10;



Cap 91 - LEGAL AID ORDINANCE 2

"Legal Aid Officer" (法律援助主任) means an officer appointed to a post of and serving as, or lawfully performing
the functions of any of the officers designated in Schedule 1; (Added 24 of 1983 s. 2)

"order for costs" (繳付訟費命令) includes any judgment, order, decree, award or direction by a court or the Court of
Final Appeal for the payment of the costs of one party in the proceedings by another party, whether given or
made in those proceedings or not; (Amended 14 of 1982 s. 2; 79 of 1995 s. 50)

"panel" (名冊) means the appropriate panel maintained in accordance with section 4;
"person" (人、人士) does not include a body of persons corporate or unincorporate so as to authorize legal aid to be

granted to such a body;
"prescribed" (訂明) means prescribed by regulations made under section 28; (Added 54 of 1984 s. 2)
"proceedings" (法律程序) includes-

(a) legal proceedings;
(b) negotiations prior to the issue of legal proceedings, including mediation, and for the payment of

compensation by the Motor Insurers' Bureau for which no legal proceedings are issued;
(c) an application to the Mental Health Review Tribunal; (Added 43 of 1995 s. 2)

"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; (Added 14 of 1982 s. 2. Amended 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;
(Amended 14 of 1982 s. 2; 54 of 1984 s. 2; 79 of 1995 s. 50)

"Supplementary Legal Aid Scheme" (法律援助輔助計劃) means the provisions under this Ordinance for the grant
of legal aid where section 5A applies; (Added 54 of 1984 s. 2)

"transcript" (謄本) includes the transcript of the official shorthand note and any official typescript of the judge's
manuscript note. (Added 54 of 1984 s. 2. Amended 79 of 1995 s. 50)

(Amended 79 of 1995 s. 50)
(2) Any references in this Ordinance to proceedings, an application, an order or a decision relating to or in

connection with an appeal to, or an application for leave to appeal to, the Court of Final Appeal shall include
proceedings, applications, orders and decisions relating to or in connection with any opposition to such an appeal or
application for leave to appeal. (Added 14 of 1982 s. 2. Amended 79 of 1995 s. 50)

(3) The Chief Executive may, by order, amend Schedule 1. (Added 24 of 1983 s. 2. Amended 26 of 1999 s. 3)

Section: 3 Appointments L.N. 87 of 2003 28/03/2003


(1) The Chief Executive may appoint a person to be the Director of Legal Aid and may also appoint such
number of Deputy Directors of Legal Aid, Assistant Directors of Legal Aid and Legal Aid Officers as he may think
fit. (Amended 24 of 1983 s. 3; 26 of 1999 s. 3)

(2) No person shall be appointed to be, or shall act temporarily as, the Director of Legal Aid or a Deputy
Director of Legal Aid or an Assistant Director of Legal Aid or a Legal Aid Officer unless he is qualified to practise as
a legal practitioner in Hong Kong, the United Kingdom or in a jurisdiction listed in Schedule 2 to the Legal Officers
Ordinance (Cap 87). (Amended 24 of 1983 s. 3; 27 of 1991 s. 3; 42 of 2000 s. 28)

(3) Every person holding an appointment under subsection (1) shall, when performing any duty or exercising
any power under this Ordinance or under rules made pursuant to section 9A of the Criminal Procedure Ordinance
(Cap 221), have all the rights, powers, privileges, and duties of a barrister and solicitor duly admitted under the Legal
Practitioners Ordinance (Cap 159), including a right of audience before any court or the Court of Final Appeal:
(Amended 79 of 1995 s. 50)

Provided that no such person shall undertake or conduct as counsel the case for a defendant at the trial of such
defendant in any criminal cause or matter or conduct any appeal on behalf of any such defendant in any criminal cause
or matter. (Replaced 58 of 1972 s. 2. Amended 48 of 1983 s. 2)

(4) Notification in the Gazette to the effect that a person has been appointed to any of the offices referred to in
subsection (1), or has ceased to hold any such office, shall be sufficient proof of the facts stated in the notice. (Added
58 of 1972 s. 2)




Cap 91 - LEGAL AID ORDINANCE 3

Section: 4 Panels of counsel and solicitors 30/06/1997


(1) The Director shall prepare and maintain separate panels of counsel and solicitors enrolled on the rolls of
barristers or solicitors maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap 159)
who are willing to investigate, report and give an opinion upon applications for the grant of legal aid and to act for
aided persons. (Amended 14 of 1982 s. 3)

(2) The Director shall enter in the panel any limitation as to the number per annum or as to the type of
proceedings in which a counsel or solicitor is prepared to act for aided persons and shall give effect to such limitation.
(Replaced 54 of 1984 s. 3)

(3) Any counsel and solicitor shall be entitled to have his name included on the panel unless the Director is
satisfied that there is good reason for excluding him by reason of his conduct when acting or assigned to act for
persons receiving legal aid or of his professional conduct generally.

(4) The Director shall not include the name of a counsel or solicitor on the panel unless he is satisfied that such
counsel or solicitor has a current practising certificate and shall remove from the panels the name of any counsel or
solicitor who does not have a current practising certificate.

(5) Subject to the provisions of section 25(2), any counsel or solicitor may at any time request the Director to
remove his name from the panel and the Director shall comply with such request.

(Amended 54 of 1984 s. 3)

Part: II SCOPE OF LEGAL AID 30/06/1997




Section: 5 Persons eligible for legal aid L.N. 170 of 2015 17/07/2015


(1) Legal aid to which this section applies shall, subject to and in accordance with this Ordinance, be available for
any person whose financial resources do not exceed $290380, for the civil proceedings mentioned in Part 1 of
Schedule 2, except proceedings mentioned in Part 2 of that Schedule. (Replaced 54 of 1984 s. 4. Amended L.N.
5 of 1986; 27 of 1991 s. 4; 43 of 1995 s. 3; 8 of 1997 s. 2; L.N. 45 of 2004; L.N. 97 of 2006; L.N. 77 of 2007;
L.N. 236 of 2007; L.N. 116 of 2009; L.N. 51 of 2011; L.N. 117 of 2013; L.N. 170 of 2015)

(2) Nothing in this Ordinance shall authorize the grant of legal aid to a person to whom a chose in action is assigned
for any purpose connected with that chose in action by a body of persons corporate or unincorporate. (Added 40
of 1989 s. 2)

(Amended E.R. 1 of 2013)

Section: 5AA Director may waive upper limit of means test 30/06/1997


The Director may waive the limit of financial resources imposed under section 5(1) where the Director is
satisfied that, having regard to the matters set out in section 10(3), a person would be granted a legal aid certificate in
proceedings in which a breach of the Hong Kong Bill of Rights Ordinance (Cap 383) or an inconsistency with the
International Covenant on Civil and Political Rights as applied to Hong Kong is an issue.

(Added 43 of 1995 s. 4)

Section: 5A Supplementary legal aid L.N. 170 of 2015 17/07/2015


Legal aid to which this section applies (being legal aid under the Supplementary Legal Aid Scheme) shall, subject to
and in accordance with this Ordinance, be available for any person-

(a) to whom legal aid is not available under section 5 because his financial resources are in excess of the
amount therein prescribed; and (Amended 27 of 1991 s. 5)

(b) whose financial resources exceed $290380 but do not exceed $1451900, (Replaced 27 of 1991 s. 5.
Amended 43 of 1995 s. 5; 8 of 1997 s. 3; L.N. 45 of 2004; L.N. 97 of 2006; L.N. 77 of 2007; L.N. 236 of
2007; L.N. 116 of 2009; L.N. 51 of 2011; L.N. 117 of 2013; L.N. 170 of 2015)

for the civil proceedings mentioned in Part 1 of Schedule 3, except proceedings mentioned in Part 2 of that Schedule.
(Added 54 of 1984 s. 4. Amended E.R. 1 of 2013)





Cap 91 - LEGAL AID ORDINANCE 4

Section: 6 Scope of legal aid 30/06/1997


Legal aid shall consist of representation, on the terms provided for by this Ordinance, by the Director or by a
solicitor and, so far as necessary, by counsel including all such assistance as is usually given by solicitor or counsel in
the steps preliminary or incidental to any proceedings or in arriving at or giving effect to a compromise to bring to an
end any proceedings.

(Amended 27 of 1991 s. 6)

Section: 7 Power of the Legislative Council to make amendments L.N. 230 of 2000 03/07/2000


The Legislative Council may, by resolution,-
(a) amend the amounts of-

(i) financial resources specified in section 5; and
(ii) financial resources specified in section 5A; and (Amended 13 of 1995 s. 2; 26 of 2000 s. 3)

(b) amend Schedules 2 and 3.
(Replaced 54 of 1984 s. 5)


Part: III APPLICATIONS FOR LEGAL AID AND GRANT OF

CERTIFICATE
30/06/1997





Section: 8 Application for legal aid 79 of 1995 01/07/1997


(1) Any person who, whether in his own right or in a representative or fiduciary capacity, wishes to be granted
legal aid shall apply therefor to the Director. (Amended 54 of 1984 s. 6)

(2) Every application for legal aid shall be in such form and accompanied by such statutory declaration,
verifying the facts stated in the application, as may be prescribed.

(3) If the person who wishes to be granted legal aid is an infant, the application under this section shall be made
on behalf of the infant by his father, mother or guardian. (Amended 27 of 1991 s. 7)

(4) References in subsection (1) to a person who wishes to be granted legal aid in a representative capacity
shall extend to a person who wishes to be granted legal aid for making application to a court or the Court of Final
Appeal for an order enabling civil proceedings (being civil proceedings in respect of which legal aid may be granted
under this Ordinance) to be conducted on behalf of a person who is mentally disordered. (Replaced 54 of 1984 s. 6.
Amended 79 of 1995 s. 50)

Section: 9 Power of Director to make inquiries 79 of 1995 01/07/1997


Where an application for legal aid is made under the provisions of section 8, the Director may-
(a) make such inquiries as he thinks fit as to the means of the applicant and as to the merits of the case

and, for the purpose of the latter, he shall be entitled to be supplied free of charge-
(i) with a copy of the minute or relevant extract from the register referred to in section 35A of the

Magistrates Ordinance (Cap 227) in any relevant proceedings and in accordance with the
provisions of that section;

(ia) with a copy of the pleadings and any other document in any relevant proceedings; (Added 27 of
1991 s. 8)

(ii) with a transcript of the evidence in any proceedings to which the application relates and, in the
event of there being any other relevant proceedings (being proceedings to which subparagraph (i)
does not relate), with a transcript of the relevant evidence in such other proceedings and also, if
such other proceedings are criminal proceedings, of the judge's summing up in such other
proceedings; (Replaced 54 of 1984 s. 7)

(b) require the applicant to furnish such information and such documents as the Director may require for
the purpose of considering the application;

(c) require the applicant to attend personally before the Director;
(d) refer the application, or any matter arising out of the application, to counsel or solicitor, whose name is



Cap 91 - LEGAL AID ORDINANCE 5

on the appropriate panel, to investigate the facts and make a report thereon or to give any opinion
thereon or on any question of law arising out of the application; (Amended 14 of 1982 s. 4; 79 of 1995
s. 50)

(da) (Repealed 79 of 1995 s. 50)
(e) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant or of

any person on whose behalf the applicant is acting pending determination of his application;
(Amended 54 of 1984 s. 7)

(f) defray expenses incidental to any of the foregoing matters out of any funds in his control which are
available for the purpose.


Section: 10 Grant of legal aid certificates 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)


Section: 11 Revocation and discharge of certificates 30/06/1997


The Director may, in such circumstances and manner as may be prescribed, revoke or discharge any legal aid
certificate.

Section: 12 Application for aid by more than one party 79 of 1995 01/07/1997


(1) If, in relation to any proceedings to which a person who has made an application for legal aid or an aided
person is a party, any other party makes application for legal aid, the provisions of this Ordinance shall apply to both
such parties:

Provided that the Director shall not himself act for either such party but shall assign counsel or solicitor-



Cap 91 - LEGAL AID ORDINANCE 6

(a) in proceedings before the Court of Final Appeal, selected by the Director; or (Amended 79 of 1995 s.
50)

(b) in other proceedings, selected by the aided person, if he so desires, or otherwise by the Director from
the panel,

to act for each aided person unless the Director is already acting in any proceedings to which an aided person is a
party when such other party makes application for legal aid, in which case the Director may, if in his opinion no
conflict of interest or prejudice to any aided person arises, continue so to act. (Amended 14 of 1982 s. 6; 54 of 1984 s.
9)

(2) Where the Director continues to act for an aided person in accordance with the proviso to subsection (1) he
shall assign from the panel a solicitor and, additionally or alternatively, counsel to act for the other aided person.
(Added 54 of 1984 s. 9)

Section: 13 Endorsement of legal aid certificate L.N. 230 of 2000 03/07/2000


(1) Where a legal aid certificate is granted, the Director may act for the aided person in any proceedings, or part
of any proceedings, and the Director may assign counsel or solicitor, to be selected by the aided person, if he so
desires, or otherwise selected by the Director, and the Director shall endorse on the legal aid certificate the name of
any counsel or solicitor assigned. (Replaced 14 of 1982 s. 7. Amended 54 of 1984 s. 10; 79 of 1995 s. 50)

(2) The Director may, if he is of the opinion that any proceedings are, or may become, of exceptional difficulty
or importance, state in the certificate that the aided person should be represented by 2 counsel, one of whom may be
leading counsel, in such proceedings.

(3) Counsel or a solicitor selected under subsection (1), whether by the aided person or by the Director, shall be
selected from the panel and no leading counsel may be selected by an aided person, except where subsection (2)
applies, unless the Director consents thereto. (Added 54 of 1984 s. 10. Amended 26 of 2000 s. 4)

Section: 14 Filing of legal aid certificate 79 of 1995 01/07/1997


(1) The Director shall file the legal aid certificate in the registry of the court-
(a) in which proceedings for which legal aid has been granted have been commenced, as soon as

practicable after the issue of the certificate; and
(b) in any other case, upon the commencement of such proceedings in that court,

and no court fee shall be charged upon the filing of such certificate. (Replaced 54 of 1984 s. 11)
(2) Where counsel or solicitor is assigned to act after a legal aid certificate is filed in court, or in any case

where a new assignment is made in lieu of counsel or solicitor assigned previously, the Director shall not be required
to endorse on the certificate the name of the counsel or solicitor so assigned, or newly assigned, as the case may be,
but may, instead, give notice of such assignment or new assignment in writing to the proper officer of the court in
which proceedings are pending. (Amended 54 of 1984 s. 11)

(3)-(4) (Repealed 54 of 1984 s. 11)
(5) In this section, "court" (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50)


Section: 15 Stay of proceedings upon making of application for legal

aid
79 of 1995 01/07/1997



(1) (Repealed 79 of 1995 s. 50)
(2) Where an action has been commenced or where an appeal has been lodged in respect of any proceedings

and any party, or any person who wishes to be joined as a party, makes an application for legal aid, the Director shall,
as soon as practicable after the application is made, notify the other party or each of the other parties, and file in the
court in which the action is commenced or in the court in which the appeal is lodged, as the case may be, a
memorandum of such notification.

(3) Where any party to an action, or any person who wishes to be joined as a party, makes an application for
legal aid to prosecute an appeal or proceedings in the nature of an appeal, the Director shall, as soon as practicable
after the application is made, notify the other party or each of the other parties, and file in the court or tribunal against
whose judgment or order it is intended to appeal, a memorandum of such notification. (Amended 43 of 1995 s. 7)

(4) Where any memorandum is so filed, then, unless otherwise ordered by the court in which the memorandum



Cap 91 - LEGAL AID ORDINANCE 7

is filed, all proceedings in the action or in the appeal or in both the action and the appeal shall, by virtue of this
section, be stayed for such period, being not less than 14 days, as may be prescribed, and during such period (unless
otherwise ordered by any such court) time fixed by or under any law or otherwise for the doing of any act or the taking
of any step in the proceedings shall not run.

(5) The filing of the memorandum shall not operate to prevent the making of-
(a) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and

manager; or
(b) an order to prevent the lapse of a caveat against dealings with land; or
(c) any other order which, in the opinion of the court in which the memorandum is filed, is necessary to

prevent an irremediable injustice.
(6) Unless otherwise ordered by the court in which the memorandum is filed, the filing of the memorandum

shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into
effect any such order as is mentioned in subsection (5) or a decree to the like effect.

(7) The time during which proceedings are stayed by virtue of this section may be reduced or extended by order
of the court in which the memorandum is filed.

(8) No fee shall be charged in respect of the filing of the memorandum referred to in this section.
(9) For the purposes of this section, "action" (訴訟) includes any cause or matter.

(Replaced 40 of 1989 s. 3)

Section: 16 Appeals by aided persons 79 of 1995 01/07/1997


(1) (Repealed 79 of 1995 s. 50)
(2) An aided person who prosecutes any appeal or proceedings in the nature of an appeal (otherwise than an

interlocutory appeal), without having filed a legal aid certificate in the court appealed to shall be deemed for the
purposes of this Ordinance not to be an aided person.

(Replaced 40 of 1989 s. 4)

Section: 16A Appeals to Court of Final Appeal 79 of 1995 01/07/1997


A person shall not take, defend, oppose, continue or be a party to an appeal to, or an application for leave to
appeal to, the Court of Final Appeal as an aided person unless he has been granted a legal aid certificate for that
purpose under section 10 or 26A.

(Added 14 of 1982 s. 11. Amended 79 of 1995 s. 50)

Part: IV COSTS AND CONTRIBUTIONS 30/06/1997




Section: 16B Benefits afforded to aided persons 79 of 1995 01/07/1997


Subject to the provisions of this Ordinance, where a person receives legal aid in connection with any
proceedings-

(a) the expenses incurred in connection with the proceedings, so far as they would ordinarily be paid in the
first instance by or on behalf of the solicitor assigned to act for him, shall be so paid, except in the case
of those paid directly by the Director, and the expenses paid by the solicitor shall be refunded to him
by the Director;

(b) his counsel and solicitor shall be paid by the Director in accordance with section 20;
(c) he shall not be liable in respect of proceedings to which the certificate relates for court fees or for fees

payable for the service of process or for any fees due to the bailiff in connection with the execution of
process, but for the purposes of any order or agreement of costs made in his favour with respect to the
proceedings such costs shall be deemed to have been paid by him and sections 19, 19A(1) and
19B(1)(b) shall apply accordingly; (Amended 79 of 1995 s. 50)

(d) the Director shall, on his behalf, be entitled to be supplied free of charge with a transcript of the
evidence in any proceedings to which the certificate relates and, in the event of there being any other
relevant proceedings, with a transcript of the relevant evidence in such other proceedings and also, if



Cap 91 - LEGAL AID ORDINANCE 8

such other proceedings are criminal proceedings, of the judge's summing up in such other proceedings;
(Amended 27 of 1991 s. 10; 79 of 1995 s. 50)

(e) he may be required to make a contribution to the Director;
(f) his liability for costs shall be determined in accordance with section 16C.

(Added 54 of 1984 s. 14)

Section: 16C Liability for costs 79 of 1995 01/07/1997


(1) Subject to section 18A, the liability of an aided person and of the Director for costs shall be determined in
the following manner- (Amended 40 of 1989 s. 5)

(a) an aided person shall not be liable for costs incurred by the Director on his behalf-
(i) in the case of costs incurred under the Supplementary Legal Aid Scheme, except in accordance

with section 32; and
(ii) in any other case, in excess of such aided person's contribution;

(b) where a court or the Court of Final Appeal makes an order for costs against an aided person, or an
agreement is entered into for the payment of costs by an aided person, in favour of a person not
receiving legal aid- (Amended 79 of 1995 s. 50)
(i) in any case in which the party not receiving legal aid is a defendant or respondent in the

proceedings (other than a defendant or respondent to a counterclaim or cross-petition), or in the
case of an appeal (including an appeal to, or an application for leave to appeal to, the Court of
Final Appeal) is a respondent therein (other than a respondent to a cross-appeal) such costs shall
be paid by the Director; (Amended 79 of 1995 s. 50)

(ia) in any case in which the party not receiving legal aid is a defendant to a counterclaim or
respondent to a cross-petition, or in the case of an appeal (including an appeal to, or an
application for leave to appeal to, the Court of Final Appeal) is a respondent to a cross-petition,
the costs occasioned by the counterclaim, cross-petition or cross-appeal filed by or on behalf of
the aided person shall be paid by the Director; (Amended 79 of 1995 s. 50)

(ib) in any case in which the party not receiving legal aid is an appellant in an appeal (including an
appeal to, or an application for leave to appeal to, the Court of Final Appeal) and in the court
whose judgment or order is appealed against the plaintiff was an aided person, such costs shall be
paid by the Director; and (Amended 79 of 1995 s. 50)

(ii) in any other case, neither the Director nor the aided person shall be liable for such costs unless a
contribution is payable by the aided person under section 18(1)(b); in which case the Director on
behalf of the aided person shall pay such costs to the extent that the contribution is in excess of
the costs incurred by the Director on behalf of the aided person; and

(c) where a court or the Court of Final Appeal makes an order for costs against an aided person, or an
agreement is entered into for the payment of costs against an aided person, in favour of a person who is
also receiving legal aid, neither such person shall be liable for such costs in excess of his contribution
and the contribution of the party who is liable for the payment of costs under such order or agreement
shall be charged first with the costs of both parties and thereafter the contribution of the other party
shall be charged to the extent of his own costs in so far as such costs are not recovered from the
contribution of the party liable to pay costs. (79 of 1995 s. 50)

(2) Subsection (1),in so far as it relates to the costs of an aided person, relates only to costs arising in respect of
proceedings to which, and during the period to which, a legal aid certificate relates, and nothing in that subsection
shall otherwise affect the liability for costs of an aided person.

(3) Where subsection (1) limits the liability for costs of an aided person such limitation shall extend-
(a) where the aided person has been granted legal aid in a representative or fiduciary capacity, to any other

person on whose behalf the aided person is acting and for the benefit of any fund held for such other
person; and

(b) where the aided person has been granted legal aid as the guardian of an infant, to the infant.
(4) (Repealed 79 of 1995 s. 50)

(Added 54 of 1984 s. 14)




Cap 91 - LEGAL AID ORDINANCE 9

Section: 17 Court may order payment of costs by aided person in
certain event

79 of 1995 01/07/1997



(1) Where it appears to a court or judge that a legal aid certificate has been obtained by fraud or
misrepresentation, the court or judge may order the aided person to pay the costs of the Director and of the counsel
and solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and
solicitor and such party.

(2) In subsection (1) a reference to an "aided person" (受助人) shall include, in any case where the legal aid
certificate has been revoked or discharged before the making of the order, the person who immediately before such
revocation or discharge was the aided person. (Amended 27 of 1967 s. 3)

(3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any
legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the
Director and of the counsel or solicitor who acted for him or the costs of the other party, or the costs of the Director
and such counsel and solicitor and such party.

(4) Where an order is made under subsection (1) or (3), the costs shall be taxed as if the party ordered to pay
them were not an aided person.

(5) The costs so ordered to be paid shall, unless otherwise directed by the order, include fees and charges of the
nature referred to in section 16B(c) and (d). (Amended 54 of 1984 s. 15)

(6) In this section, "court" (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50)

Section: 18 Contributions by aided person 30/06/1997


(1) An aided person shall pay to the Director a contribution-
(a) where legal aid has been granted to him under the Supplementary Legal Aid Scheme, in accordance

with section 32; and
(b) in any other case, if so required by the Director, towards the sums that may be or become payable on

his account by the Director. (Replaced 54 of 1984 s. 16)
(2) Any contribution payable by an aided person to the Director under this Ordinance shall be a debt due to the

Director and shall be paid in such manner as may be prescribed.
(3) If the total contribution paid by an aided person is more than the net liability of the Director on his account

within the meaning of section 18A(2), the excess shall be repaid to him: (Amended 54 of 1984 s. 16)
Provided that nothing in this subsection shall apply to a contribution payable under section 32. (Added 54 of

1984 s. 16)
(Replaced 60 of 1981 s. 2)


Section: 18A Charge on property recovered L.N. 230 of 2000 03/07/2000


(1) Subject to this section-
(a) the amount of a contribution to the extent that it is unpaid; and
(b) except where legal aid has been granted under the Supplementary Legal Aid Scheme, if the total

contribution is less than the net liability of the Director on the aided person's account, a sum equal to
the deficiency,

shall be a first charge for the benefit of the Director on any property, whether situated in Hong Kong or otherwise,
which is recovered or preserved for the aided person in the proceedings or in any other proceedings in respect of
which the person was aided and which, in the opinion of the Director, were substantially related to or connected with
the proceedings in which property was recovered or preserved. (Replaced 27 of 1991 s. 11)

(2) The references in section 18 and in subsection (1) to the net liability of the Director on any person's account
in relation to any proceedings refer to the aggregate amount of the following-

(a) sums paid or payable by the Director on his account in respect of the proceedings to any solicitor or
counsel (or, where the Director acts for a person, sums which would have been so payable if the
Director had not so acted) and not recouped by the Director from sums recovered under an order or
agreement for costs made in favour of that person with respect to the proceedings;

(b) any amount paid or payable by the Director under section 16C on behalf of that person; and
(Amended 54 of 1984 s. 17)



Cap 91 - LEGAL AID ORDINANCE 10

(c) the amount of any expenses defrayed by the Director under section 9(f) in respect of the grant of legal
aid to that person.

(3) The reference in subsection (1) to property recovered or preserved for an aided person in any proceedings
shall include-

(a) his rights under any compromise arrived at to avoid or bring to an end the proceedings and any sums
recovered under an order or agreement for costs made in his favour with respect to the proceedings;
and

(b) where the legal aid certificate granted to him in respect of the proceedings is revoked or discharged,
any property subsequently recovered or preserved by or for him in the proceedings or by virtue of any
compromise arrived at to avoid or bring to an end the proceedings; and (Amended 54 of 1984 s. 17)

(c) any property recovered for the benefit of any person on whose behalf the aided person is acting or for
the benefit of any estate or fund out of which that aided person is entitled to be indemnified. (Added
54 of 1984 s. 17)

(3A) Where the property recovered or preserved is land or an interest in land, a charge under subsection (1) shall
vest in the Director who may register the charge under the Land Registration Ordinance (Cap 128) and may enforce
the charge in any manner which would be available to a chargee in respect of a charge given inter partes. (Replaced
26 of 2000 s. 5)

(3B) Where in any proceedings, there is recovered or preserved for the aided person property which by order of
the court or the Court of Final Appeal or, under the terms of any agreement reached, is to be used as a home for the
aided person or his dependants the following shall apply- (Amended 79 of 1995 s. 50)

(a) If the Director is satisfied that the property will provide adequate security for any sum as the Director
would have retained in respect of the property he may defer enforcing the charge. (Replaced 26 of
2000 s. 5)

(b) Subject to paragraph (c), as from the date on which the charge is first registered, simple interest on the
sum referred to in paragraph (a) payable by the aided person shall accrue for the benefit of the Director
at the rate of 10% per annum or at a prescribed rate. (Replaced 26 of 2000 s. 5)

(c) Notwithstanding paragraph (b)-
(i) where the Director is satisfied-

(A) that it would cause serious hardship to the aided person for him to pay all or any of the
interest accrued under that paragraph; or

(B) that it is in all the circumstances just and equitable to do so,
the Director may waive, either in whole or in part, the payment by the aided person of all or

any of the interest so accrued;
(ii) interest payable by the aided person under that paragraph shall continue to accrue until the sum

referred to in paragraph (a) is paid and the Director shall not seek to recover interest until such
payment is made; and

(iii) nothing in this subsection shall prevent an aided person from making interim payments of
interest or capital in respect of any sum referred to in paragraph (a) whether such payments are
made at regular intervals or not and any such payment of capital shall reduce the sum
accordingly. (Replaced 26 of 2000 s. 5)

(4) The charge created by subsection (1) on any damages or costs shall not prevent a court or the Court of Final
Appeal allowing them to be set off against other damages or costs in any case where a solicitor's lien for costs would
not prevent it. (Amended 79 of 1995 s. 50)

(5) The charge on property under subsection (1) does not apply to-
(a) any interim payment under an order or an agreement having the same effect as an order;
(b) maintenance pending suit or a periodical payment under an order made in domestic proceedings, or

under an agreement having the same effect as an order, for the maintenance of a child, spouse or
former spouse unless the payments are for the maintenance of a spouse or former spouse and are at a
rate exceeding $4800 (or its equivalent) each month; (Amended 8 of 1997 s. 4)

(c) where the payment of maintenance for a spouse or former spouse is payable at a rate exceeding $4800
(or its equivalent) each month, the first $4800 (or its equivalent) of each payment; (Amended 8 of
1997 s. 4)

(d) the payment of arrears of maintenance except to the extent that paragraph (b) would otherwise apply;
and

(e) an amount recovered by way of employee's compensation to the extent that the charge would apply the



Cap 91 - LEGAL AID ORDINANCE 11

deficiency attributable to a common law claim by the aided person arising out of the same
circumstances. (Replaced 43 of 1995 s. 8)

(Added 60 of 1981 s. 2)

Section: 18B Security for costs 30/06/1997


In any case in which an aided person is obliged to furnish security for costs, the Director may provide such
security out of funds in his control which are available for that purpose: (Amended 54 of 1984 s. 18)
Provided that where legal aid has been granted to an aided person under the Supplementary Legal Aid Scheme any
such security shall be provided out of the Fund. (Added 54 of 1984 s. 18)

(Added 14 of 1982 s. 12)

Section: 19 Award of costs 79 of 1995 01/07/1997


(1) A court or the Court of Final Appeal may make an order for costs in favour of or against an aided person in
the same manner and to the same extent as it may make an order for costs in favour of or against any other person but
such an order may only be enforced against the aided person and the Director to the extent permitted by section 16C.
(Amended 54 of 1984 s. 19; 79 of 1995 s. 50)

(1A) (a) Where a court or the Court of Final Appeal makes an order for costs in favour of an aided person, there
also shall be payable by the person against whom the order for costs is made the court fees and other
fees and charges which, but for section 16B(c) and (d), would have been payable by the aided person.
(Amended 14 of 1982 s. 13; 54 of 1984 s. 19; 79 of 1995 s. 50)

(b) Any court fees and other fees and charges which become payable to an aided person under paragraph
(a) shall be paid to the Director, who alone shall be capable of giving a good discharge therefor.
(Added 9 of 1968 s. 2)

(2) (Repealed 54 of 1984 s. 19)
(3) (Repealed 79 of 1995 s. 50)

(Amended 27 of 1967 s. 4)

Section: 19A All moneys due to aided person to be paid to Director 79 of 1995 ; 25 of

1998
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-



Cap 91 - LEGAL AID ORDINANCE 12

(a) the Employees' Compensation Ordinance (Cap 282); or
(b) the High Court Ordinance (Cap 4); or (Amended 25 of 1998 s. 2)
(c) any other law,

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)

Section: 19B Disposal by Director of moneys paid to him 79 of 1995; 25 of

1998
01/07/1997



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


(1) Upon receipt of all moneys paid to him pursuant to section 19 or 19A, the Director shall- (Amended 40 of
1989 s. 7)

(a) retain-
(i) any sum paid by virtue of an order or agreement for costs made in the aided person's favour;
(ii) a sum equal to the amount, if any, by which any property recovered or preserved is charged for

the benefit of the Director by virtue of section 18A(1); and (Amended 60 of 1981 s. 3)
(iii) any costs recovered in proceedings taken by the Director in his own name under regulations

made under this Ordinance:
Provided that where the Director is satisfied that it would cause serious hardship to any person to

retain any such sum under this paragraph and that it is in all the circumstances just and equitable to
reduce the sum to be so retained, the amount to be so retained shall be reduced by such amount not
exceeding $57400 as the Director may determine; (Added 60 of 1981 s. 3. Amended 40 of 1989 s. 7; 8
of 1997 s. 5)

(b) pay to the Registrar of the High Court or the Registrar of the Court of Final Appeal any court fees and
other fees and charges paid to him pursuant to section 19(1A); and (Amended 79 of 1995 s. 50; 25 of
1998 s. 2)

(c) pay the balance to the aided person or, if the court so directs, to the court or to some other person.
(Added 9 of 1968 s. 3)

(2) Notwithstanding subsection (1), where the Director is satisfied that-
(a) compliance with subsection (1)(a) would cause serious hardship to any person; and
(b) a payment will be received by him under section 19 or 19A,

the Director may, upon receipt of any such payment, pay such proportion thereof as he thinks fit to the aided person
without complying with subsection (1)(a). (Added 40 of 1989 s. 7)

(3) In this section, "court" (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50)

Section: 19C Interest on moneys paid to Director 30/06/1997


(1) Any interest or dividend received by the Government under this Ordinance on all moneys paid to the
Director by or on behalf of an aided person shall be paid into the general revenue.

(2) It is declared that any interest or dividend received by the Government under this Ordinance, prior to its
amendment by the Legal Aid (Amendment) Ordinance 1991 (27 of 1991), on all moneys which have been paid to the
Director by or on behalf of an aided person shall be deemed to be and to have always been part of the general revenue.

(Added 27 of 1991 s. 13)




Cap 91 - LEGAL AID ORDINANCE 13

Section: 20 Costs of counsel and solicitors 30/06/1997


There shall be paid by the Director to counsel and solicitor acting for an aided person such fees and costs for so
acting as may be prescribed.

Section: 20A Taxation of costs 79 of 1995; 25 of

1998
01/07/1997



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


(1) On the taxation of costs in proceedings to which an aided person is a party, costs shall be taxed for the
purposes of this Ordinance according to the ordinary rules applicable on a taxation as between solicitor and client
where the costs are to be paid out of a common fund in which the client and others are interested.

(2) The Director shall be entitled to attend and be heard on any such taxation, to raise objections or to apply for
a review of the taxation in accordance with the rules of court made under the Hong Kong Court of Final Appeal
Ordinance (Cap 484), the High Court Ordinance (Cap 4) or the District Court Ordinance (Cap 336). (Amended 79 of
1995 s. 50; 25 of 1998 s. 2)

(Added 27 of 1991 s. 14)

Section: 21 Adaptation of rights to indemnity 30/06/1997


(1) This section shall have effect for the purpose of adapting in relation to this Ordinance any right (however
and whenever created or arising) which a person may have to be indemnified against expenses incurred by him.

(2) In determining for the purposes of any such right the reasonableness of any expenses, the possibility of
avoiding them or part of them by taking advantage of this Ordinance shall be disregarded.

(3) Where a person having any such right to be indemnified against expenses incurred in connection with any
proceedings receives legal aid in connection with those proceedings, then (without prejudice to the effect of the
indemnity in relation to his contributions, if any, to the Director) the right shall operate also for the benefit of the
Director as if the expenses incurred by the Director on behalf of the said person in connection with the proceedings
had been incurred by such person.

(4) Where-
(a) a person's right to be indemnified against expenses incurred in connection with any proceedings arises

by virtue of an agreement and is subject to any express condition conferring on those liable thereunder
any right with respect to the bringing or conduct of the proceeding; and

(b) those liable have been given a reasonable opportunity of exercising the right so conferred and have not
availed themselves of that opportunity,

the right to be indemnified shall be treated for the purposes of subsection (3) as not being subject to that condition.
(5) Nothing in subsections (3) and (4) shall be taken as depriving any person or body of persons of the

protection of any law or, save as provided in subsection (4), as conferring any larger right to recover money for the
benefit of the Director in respect of any expenses than the person receiving legal aid would have had if the expenses
had been incurred by him.

(6) Where under subsection (3) a person's right to be indemnified against expenses incurred in connection with
any proceedings operates for the benefit of the Director, any sum recovered for the benefit of the Director shall be
deducted from the total of all sums payable by the Director in respect of such proceedings and the balance remaining
shall be the maximum recoverable from such person.

Section: 22 Prohibition against taking fees from aided person L.N. 230 of 2000 03/07/2000


(1) Subject to the provisions of section 18, no person who, pursuant to any reference under this Ordinance,
makes any investigation or report or gives any opinion or certificate or who acts for an aided person, shall take or
agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect thereof.
(Amended 54 of 1984 s. 21)

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a
fine at level 5 and to imprisonment for 6 months. (Added 54 of 1984 s. 21. Amended 26 of 2000 s. 6)



Cap 91 - LEGAL AID ORDINANCE 14


Section: 22A Power of the Legislative Council to make amendments 30/06/1997


The Legislative Council may, by resolution, amend-
(a) the rate of maintenance payments specified in section 18A(5); and
(b) the amount specified in the proviso to section 19B(1)(a).

(Added 8 of 1997 s. 6)

Part: V MISCELLANEOUS 30/06/1997




Section: 23 Proceedings for misrepresentations, etc. L.N. 230 of 2000 03/07/2000


(1) Any person seeking or receiving legal aid who-
(a) wilfully fails to comply with any regulations as to the information to be supplied by him; or
(b) in furnishing any information required by such regulations knowingly makes any false statement or

false representation,
shall be guilty of an offence and liable on summary conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended 26 of 2000 s. 7)

(2) Any proceedings for an offence under subsection (1) may, notwithstanding any law prescribing the time
within which such proceedings may be brought, be brought within 2 years after the commission of the offence or
within 1 year next after the first discovery thereof by the prosecutor, whichever is the shorter.

(Amended 54 of 1984 s. 22)

Section: 24 Privileges attaching to certain relationships L.N. 312 of 1998 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 advise 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)




Cap 91 - LEGAL AID ORDINANCE 15

Section: 25 Legal aid not to discontinue without leave 30/06/1997


(1) An aided person shall not without the leave of the Director discharge any counsel or solicitor assigned to act
under this Ordinance for him.

(2) Subject to the provisions of subsection (3), counsel or solicitor assigned to act for an aided person shall not
discontinue his aid without the leave of the Director.

(3) Nothing in this section shall prejudice the right of counsel or solicitor to refuse, or to give up, a case on
reasonable grounds.

Section: 26 Appeal from decision of Director 79 of 1995 ; 25 of

1998
01/07/1997



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


(1A) This section shall not apply to an order or decision of the Director made in relation to an application for
legal aid to appeal to, or to apply for leave to appeal to, the Court of Final Appeal. (Added 14 of 1982 s. 15. Amended
79 of 1995 s. 50)

(1) An applicant for legal aid or an aided person who is aggrieved by any order or decision of the Director
made under any provision of this Ordinance may appeal therefrom to the Registrar of the High Court in chambers.
(Amended 40 of 1989 s. 8; 25 of 1998 s. 2)

(2) An appeal under this section shall be initiated by notice in writing to attend before the Registrar of the High
Court without a fresh summons, within 14 days of the order or decision complained of, or such further time as may be
allowed by the Registrar. (Amended 13 of 1995 s. 2; 43 of 1995 s. 10; 25 of 1998 s. 2)

(3) Unless otherwise ordered by the Registrar, there shall be at least one clear day between service of the notice
of the appeal and the day of hearing.

(3A) A person who appeals under this section has the right to representation by counsel or a solicitor at his own
expense on the hearing of the appeal. (Added 43 of 1995 s. 10)

(4) A decision of the Registrar on an appeal under this section shall be final, save that the Registrar may refer
any appeal, and shall refer an appeal against any decision of the Director under section 4(3), for decision of a judge of
the High Court in chambers, in which event the decision of the judge shall be final. (Amended 25 of 1998 s. 2)

(4A) A hearing under this section may be conducted in either or both of the official languages. (Added 51 of
1995 s. 10)

(5) The Registrar shall give written notice of the decision on an appeal under this section to the Director and to
the person who made the appeal and shall adequately state in the notice the reasons for the decision. (Added 27 of
1991 s. 16)

Section: 26A Appeal from decision of Director in Court of Final Appeal

matters
79 of 1995; 25 of
1998

01/07/1997



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


(1) An applicant for legal aid or an aided person who is aggrieved by any order or decision of the Director
made in relation to an application for legal aid to appeal to, or to apply for leave to appeal to, the Court of Final
Appeal may bring the order or decision on review before a committee composed of- (Amended 40 of 1989 s. 9; 79 of
1995 s. 50)

(a) the Registrar of the High Court, who shall be chairman;
(b) a barrister qualified to practise in Hong Kong who is eligible to be appointed as a judge of the High

Court and who is appointed by the Chairman of the Hong Kong Bar Association; and
(c) a solicitor qualified to practise in Hong Kong who has practised as a solicitor for not less than 10 years

in a common law jurisdiction and who is appointed by the President of The Law Society of Hong
Kong. (Amended 25 of 1998 s. 2)

(2) The chairman may appoint a public officer to be secretary of the committee.
(2A) (Repealed 25 of 1998 s. 2)



Cap 91 - LEGAL AID ORDINANCE 16

(3) A review shall be initiated by notice in writing delivered to the Director and the chairman within 28 days of
the order or decision complained of or within such longer period as the chairman may allow and the notice shall be
accompanied by a certificate by counsel practising in Hong Kong stating that the person aggrieved has a reasonable
prospect of success in the appeal and the grounds for that opinion.

(4) The committee may-
(a) make such inquiries as it thinks fit as to the means and condition of the applicant and as to the merits

of his case;
(b) require the applicant to furnish such information and such documents as the committee thinks fit;
(c) require the applicant to appear personally before the committee; and
(d) receive evidence and, for that purpose, administer an oath.

(5) The applicant and the Director shall be entitled to appear personally before the committee or by counsel or
solicitor and may submit representations in writing. (Amended 54 of 1984 s. 23)

(6) The committee may, if it is satisfied that the person aggrieved has a reasonable prospect of success on
appeal, and that it is reasonable in the particular circumstances of the case that he should be granted legal aid, reverse
or vary the order or decision of the Director refusing or limiting legal aid in respect of the appeal and may direct the
Director to grant a legal aid certificate to him under section 10; and if not so satisfied it shall affirm the order or
decision of the Director. (Replaced 54 of 1984 s. 23)

(7) A decision of the committee under subsection (6) shall be final.
(8) The chairman may, if he thinks fit, order that-

(a) such fee of counsel for the certificate mentioned in subsection (3); and
(b) such fees and expenses of counsel or solicitor appearing before the committee under subsection (5),

as determined by the chairman as being proper in the circumstances, shall be paid by the Director out of funds under
his control which are available for that purpose.

(9) The expenses of the committee, including such reasonable fees of the barrister and solicitor members as
may be determined by the chairman, shall be paid by the Director from moneys provided by the Legislative Council.

(10) The chairman shall give written notice of the decision on an appeal under this section to the Director and to
the person who made the appeal and shall adequately state in the notice the reasons for the decision. (Added 27 of
1991 s. 17)

(Added 14 of 1982 s. 16)

Section: 27 Expenses of legal aid 30/06/1997


The expenses of legal aid shall be met by the Director from moneys provided by the Legislative Council:
(Amended 54 of 1984 s. 24)

Provided that nothing in this section shall apply to expenses incurred under the Supplementary Legal Aid
Scheme except in so far as such expenses cannot be paid out of the Fund. (Added 54 of 1984 s. 24)

Section: 28 Regulations L.N. 230 of 2000 03/07/2000


(1) The Chief Executive in Council may make regulations prescribing any matter which by this Ordinance is to
be or may be prescribed and generally for the better carrying out of this Ordinance. (Amended 26 of 1999 s. 3)

(2) Without prejudice to the generality of subsection (1), regulations may-
(a) regulate all matters relating to fees, charges and costs in relation to proceedings to which an aided

person is a party;
(b) remit or provide for the remission of any fees or charges in any such proceedings;
(c) make provision as to the information to be given by a person seeking or receiving legal aid;
(d) make provision as to the proceedings which are or are not to be treated as distinct proceedings for the

purposes of legal aid and as to the apportionment of sums recoverable or recovered by virtue of any
order for costs made generally with respect to proceedings treated as distinct proceedings;

(e) make provision as to the cases in which a person may be refused legal aid by reason of his conduct
when seeking or receiving legal aid (whether in the same or in a different matter);

(f) make provision for the recovery of sums due in respect of legal aid and for making effective the charge
created by this Ordinance on property recovered or preserved for an aided person, including provision-
(i) for the enforcement of any order or agreement for costs made in favour of a person who has

received legal aid; and



Cap 91 - LEGAL AID ORDINANCE 17

(ii) for making counsel or solicitor's right to payment wholly or partly dependent on his performance
of any duties imposed on him by regulations made for the purposes of this paragraph;

(g) make any provision necessary to meet the special circumstances where-
(i) a person seeks legal aid in a matter of special urgency;
(ii) a person begins to receive legal aid after having consulted counsel or solicitor in the ordinary

way with respect to the same matter, or ceases to receive legal aid before the matter in question is
finally settled; and

(iii) there is any relevant change of circumstances while a person is receiving legal aid;
(h) make provision as to the manner in which the rate of a person's financial resources, disposable income

and the amount of his disposable capital are to be computed for the purposes of this Ordinance
including, without derogation from the generality of the foregoing, provision- (Amended 27 of 1991 s.
18)
(i) prescribing deductions in respect of the maintenance of dependants, interest on loans, rates, rent

and other matters for which the person in question must or reasonably may provide and such
further allowances as may be prescribed to take into account the nature of his resources;

(ii) determining whether any resources are to be treated as income or capital and for taking into
account fluctuations of income;

(iii) treating the resources of a person's wife or husband as that person's resources except in so far as
the regulations provide otherwise, and making provision, in relation to minors and other special
cases, for taking into account the resources of other persons; (Replaced 54 of 1984 s. 25)

(iv) as to how the resources of a person receiving assistance under the Comprehensive Social
Security Assistance Scheme administered by the Director of Social Welfare are to be treated for
the purposes of determining the resources of that person; (Added 26 of 2000 s. 8)

(i) in the case of a person seeking or receiving legal aid under the Supplementary Legal Aid Scheme,
make provision as to the manner in which that person's financial resources are to be determined
including, without derogation from the generality of the foregoing, provision of the nature specified in
paragraph (h)(i), (ii) and (iii); (Replaced 54 of 1984 s. 25. Amended 27 of 1991 s. 18; 13 of 1995 s. 2)

(j) determine the contribution towards costs and expenses to be made by an aided person;
(k) ensure that the resources of a person seeking or receiving legal aid shall not be treated as including the

subject matter of the dispute;
(l) in the case of a request for legal aid by the family of a deceased person in respect of an inquest into

deaths under the Coroners Ordinance (Cap 504), determine the category of person to whom legal aid
may be given under section 5; (Replaced 26 of 2000 s. 8)

(m) (Repealed 54 of 1984 s. 25)
(n) prescribe the extent and limit of the liability for costs of an aided person against whom an order for

costs is made;
(o) prescribe the scale of fees which shall be paid to a solicitor or counsel submitting a report or opinion

under section 9 or a certificate under section 16;
(p) prescribe the scale of fees and costs which shall be paid to a solicitor or counsel acting for an aided

person;
(pa) prescribe the rate of interest for the purposes of section 18A(3B)(b); (Added 27 of 1991 s. 18)
(q) provide for the cases in which and the extent to which an aided person may be required to give security

for costs and the manner in which it may be given;
(r) provide, either generally or specially, for the fees and costs of any officer holding office under section

3 in respect of any civil matter (whether contentious or non-contentious) in which he has occasion to
act; (Added 58 of 1972 s. 3)

(s) modify any provision of this Ordinance so far as it appears to be necessary to meet the circumstances
where a person seeking or receiving legal aid-
(i) is not resident in Hong Kong;
(ii) is concerned in a representative, fiduciary or other capacity;
(iii) is concerned jointly with or has the same interest as other persons whether receiving legal aid or

not; or
(iv) has available to him rights and facilities making it unnecessary for him to take advantage of this

Ordinance or has a reasonable expectation of receiving financial or other help from a body of
which he is a member;



Cap 91 - LEGAL AID ORDINANCE 18

(t) (Repealed 54 of 1984 s. 25)
(u) provide that any application, certificate, notice or order to be made, issued, used or given under this

Ordinance may be made, issued, used or given in a manner and form determined by the Director;
(Replaced 27 of 1991 s. 18)

(v) provide for the administration of the Supplementary Legal Aid Scheme, including fees chargeable for
applicants for legal aid under the Scheme, and of the affairs of the Fund; (Added 54 of 1984 s. 25)

(w) provide for the manner of calculating the contribution under section 32 and, without derogation from
the generality of the foregoing, the manner in which it is to be calculated in the event of a settlement or
where the legal aid certificate is discharged or revoked. (Added 54 of 1984 s. 25)

(3) The regulations may apply generally to all legal matters, whether relating to proceedings in court or
otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than
matters or proceedings of a specified class and may make different provision for matters falling within the
Supplementary Legal Aid Scheme and for matters which do not. (Amended 54 of 1984 s. 25)

Part: VI PROVISIONS RELATING TO THE SUPPLEMENTARY

LEGAL AID SCHEME
30/06/1997



(Part VI added 54 of 1984 s. 26)

Section: 29 Establishment of Supplementary Legal Aid Fund 30/06/1997


(1) There shall be established a fund, to be administered by the Director, to be termed the Supplementary Legal
Aid Fund.

(2) The Fund shall consist of-
(a) the proceeds of any loan made to the Director for the purposes of the Fund under section 30;
(b) contributions payable under section 32;
(c) the proceeds of and interest on any investments of the moneys of the Fund;
(d) moneys paid or repaid to the Director under section 19 or 19A or retained under section 19B where the

aided person is aided under the Supplementary Legal Aid Scheme; and
(e) such other moneys as may be prescribed.

(3) The Fund shall be charged with-
(a) the expenses of the Supplementary Legal Aid Scheme including payments to counsel and a solicitor

and any costs payable by the Director under section 16C where the aided person receives legal aid
under the Scheme;

(b) any security provided under section 18B and to be provided out of the Fund;
(c) the payment of interest and the repayment of moneys borrowed under section 30 as well as all charges

and expenses payable in connection with such a borrowing;
(d) the payment of fees charged to the Fund under subsection (5); and
(e) such expenses as may be prescribed.

(4) The moneys of the Fund may be invested by the Director in such manner as the Financial Secretary may
approve.

(5) The Financial Secretary may direct that an annual administration fee to be determined by him and payable
in respect of the services afforded by public servants under the Scheme shall be charged to the Fund and paid into
general revenue.

Section: 30 Borrowing powers of the Director 30/06/1997


(1) The Director may borrow temporarily, by way of overdraft or otherwise, such sums as may be required for
meeting or being expenses properly chargeable to the Fund.

(2) The Director may with the prior approval of the Financial Secretary borrow (otherwise than by way of
temporary loan) such moneys as may be required for the proper operation of the Fund.

(3) A person lending money to the Director shall not be concerned to inquire whether the borrowing of the
money is legal or regular or whether the money raised has been properly applied and shall not be prejudiced by any
illegality or irregularity or by misapplication or non-application of the money.




Cap 91 - LEGAL AID ORDINANCE 19

Section: 31 Accounts 30/06/1997


(1) The Director shall keep proper accounts and proper records in relation thereto of the affairs of the Fund.
(2) The Director of Audit shall have power to audit the accounts of the Fund.


Section: 32 Contributions for benefit of the Fund L.N. 230 of 2000 03/07/2000


(1) Where legal aid is granted to any person under the Supplementary Legal Aid Scheme-
(a) the Director shall require the person who is offered the grant of legal aid to pay an interim contribution

to the Director for the benefit of the Fund; and
(b) if that person is successful, either in whole or in part, in the proceedings brought by him with the

assistance of such legal aid, the Director shall require him to pay to the Director a final contribution for
the benefit of the Fund,

in an amount calculated in a manner, and according to such circumstances as may be prescribed. (Replaced 26 of
2000 s. 9)

(1A) Any interim contribution paid under subsection (1)(a) and any application fee paid under regulation 3(3) of
the Legal Aid Regulations (Cap 91 sub. leg. A) shall not be liable to be refunded to the aided person where that person
is not successful in the proceedings brought by him with the assistance of such legal aid:

Provided that where the sums paid or payable on his account out of the Fund and the costs incurred on his behalf
before the legal aid certificate is discharged are less than the amount of interim contribution paid under subsection
(1)(a), the Director shall refund the balance of the amount remaining to the aided person. (Added 26 of 2000 s. 9)

(1B) There shall be deducted from the final contribution payable under subsection (1)(b) any interim contribution
paid under subsection (1)(a) and any sums recovered under or by virtue of an order or agreement for costs made in the
aided person's favour and such other sums, if any, as may be prescribed. (Added 26 of 2000 s. 9)

(2) No contribution payable under this section shall exceed the value of the property recovered or preserved for
the aided person in the proceedings.

(3) The Director may by notice in writing to the aided person waive, either in whole or in part, his rights to a
contribution under this section where he is satisfied that it would cause serious hardship to any person to rely on such
rights and it is in all the circumstances just and equitable to do so.

(4) Nothing in subsection (1), (1A), (1B) or (2) shall prevent the recovery from a formerly aided person, in
such manner and amount as may be prescribed, of the costs and expenses of legal aid under the Supplementary Legal
Aid Scheme incurred prior to the revocation or discharge of his legal aid certificate upon such revocation or discharge
whether or not such person continues the proceedings and whether or not the proceedings are successful. (Amended
26 of 2000 s. 9)

(5) For the purposes of this section proceedings shall be deemed to be successful where property is recovered
or preserved for the aided person either under a court order or under a compromise arrived at to avoid or bring to an
end the proceedings.

(6) References in this section to the property recovered or preserved for the aided person in the proceedings
shall be construed in accordance with section 18A(3).

Section: 32A Effect of transfer between schemes 30/06/1997


(1) The Director may vary the contribution payable by a person under the Supplementary Legal Aid Scheme
where the financial resources of the person have changed so as to entitle him to seek assistance under another legal aid
scheme.

(2) The Director shall apportion the contribution payable having regard to the time for which the person was
aided under the Supplementary Legal Aid Scheme and the period taken to resolve the claim.

(Added 43 of 1995 s. 12)

Section: 33 Appeals and powers of the Director 30/06/1997


(1) Where a person who has been granted legal aid under the Supplementary Legal Aid Scheme-
(a) fails, whether in whole or in part, in proceedings brought by him with the assistance of such legal aid,

the Director may appeal against any judgment or order of the court in which the proceedings were



Cap 91 - LEGAL AID ORDINANCE 20

brought;
(b) succeeds, whether in whole or in part, in such proceedings and fails to defend any appeal brought by

any other person, the Director may himself oppose such appeal.
(2) Where the Director exercises his powers under subsection (1) he shall have all the rights and privileges

which the aided person would have had had he brought or opposed the appeal, including the right to settle the
proceedings by means of a compromise arrived at with another party to the proceedings.

(3) Where the Director appeals or opposes an appeal under this section all expenses payable in connection with
such appeal, including any amount payable under an order as to costs, shall be paid by the Director out of the Fund;
but if the Director succeeds on the appeal in whole or in part section 32 shall apply as if the aided person had himself
appealed or defended the appeal.

Schedule: 1 Legal Aid Officers-Designations E.R. 1 of 2013 25/04/2013


[section 2(1)]

1. Assistant Principal Legal Aid Counsel.
2. Senior Legal Aid Counsel.
3. Legal Aid Counsel.

(Added 24 of 1983 s. 5)
(Format changes—E.R. 1 of 2013)


Schedule: 2 Proceedings for which Legal Aid may be Given under

Section 5
E.R. 1 of 2013 25/04/2013



[section 5]
(Amended 24 of 1983 s. 6)


Part 1


Description of Proceedings


1. Civil proceedings in any of the following courts-

(a) Court of Final Appeal; (Replaced 79 of 1995 s. 50)
(b) Court of Appeal; (Replaced 79 of 1995 s. 50)
(c) Court of First Instance; (Replaced 79 of 1995 s. 50. Amended 25 of 1998 s. 2)
(d) District Court. (Added 79 of 1995 s. 50)


2. Civil proceedings before any person to whom a case is referred in whole or in part by any of the said courts.

3. Inquests into deaths under the Coroners Ordinance (Cap 504) where, following a request for legal aid in that

behalf by the family of the deceased person concerned, the Director is of the opinion that the interests of public
justice require that legal aid be given. (Replaced 26 of 2000 s. 10)


4. Proceedings in the Lands Tribunal under Part II of the Landlord and Tenant (Consolidation) Ordinance (Cap 7).

(Added L.N. 296 of 1982)

5. Negotiations prior to the issue of legal proceedings, including mediation, and for the payment of compensation

by the Motor Insurers' Bureau for which no legal proceedings are issued. (Added 43 of 1995 s. 13)

6. An application to the Mental Health Review Tribunal. (Added 43 of 1995 s. 13)



Part 2


Excepted Proceedings



Cap 91 - LEGAL AID ORDINANCE 21


1. Proceedings wholly or partly in respect of-

(a) defamation, other than the defence of a counterclaim alleging defamation; (Replaced 27 of 1991 s. 19)
(b)-(c) (Repealed 40 of 1986 s. 6);


2. Relator actions.

3. Proceedings for the recovery of a penalty where the proceedings may be taken by any person and the whole or

part of the penalty is payable to the person taking the proceedings.

4. Election petitions arising from Legislative Council and District Council elections, except where the petitioner

claims that a breach of the Hong Kong Bill of Rights Ordinance (Cap 383) or an inconsistency with the
International Covenant on Civil and Political Rights as applied to Hong Kong is an issue and the Director is
satisfied that, having regard to the matters set out in section 10(3), the petitioner would be granted a legal aid
certificate. (Replaced 43 of 1995 s. 13. Amended 8 of 1999 s. 89; 78 of 1999 s. 7)


5. In the Court of First Instance or District Court, in the case of a defendant, proceedings where the only question

to be brought before the court is as to the time and mode of payment by him of debt (including liquidated
damages) and costs. (Amended 43 of 1995 s. 13; 25 of 1998 s. 2)


6. (Repealed 43 of 1995 s. 13)

7. (Repealed 27 of 1991 s. 19)

8. Proceedings incidental to any proceedings mentioned in this Part of this Schedule.

9. In the Small Claims Tribunal, proceedings under the Small Claims Tribunal Ordinance (Cap 338). (Added 79 of

1975 s. 40)

10. In the Labour Tribunal, proceedings under the Labour Tribunal Ordinance (Cap 25). (Added 43 of 1995 s. 13)

11. Any of the following proceedings- (Amended L.N. 112 of 2012)

(a) proceedings involving money claims in derivatives of securities, currency futures or other futures
contracts, unless the claims are made by the person seeking legal aid on the basis that the person was
induced to deal in the derivatives of securities, currency futures or other futures contracts by fraud,
deception or misrepresentation;

(b) proceedings for the recovery of a loan made in the ordinary course of a business conducted by the
person seeking legal aid;

(c) proceedings involving disputes between limited companies or their shareholders regarding the
respective rights of the company and the shareholders;

(d) proceedings arising out of disputes over partnerships;
(e) proceedings for the taxation of costs, unless the person seeking legal aid was previously aided in the

action for which an order for costs was made. (Amended L.N. 112 of 2012)


For the purposes of this paragraph-
derivatives of securities(證券衍生工具) means options to buy or sell interests in, certificates of interest of

participation in, warrants to subscribe to or rights (other than shares) in, the capital of, or an instrument issued
by, a company, government authority or other body. (Added 43 of 1995 s. 13)

(Format changes—E.R. 1 of 2013)

Schedule: 3 Proceedings for which Legal Aid may be Given under

Section 5A
L.N. 162 of 2013;
L.N. 163 of 2013

03/03/2014



[section 5A]



Cap 91 - LEGAL AID ORDINANCE 22


Part 1


Description of Proceedings


1. In the Court of First Instance or Court of Appeal, civil proceedings brought, by the person seeking legal aid

(claimant), for damages in a claim arising from personal injuries to, or the death of, any person (including
proceedings for the defence to a counterclaim against the claimant and other proceedings incidental to the civil
proceedings); and in a higher court, proceedings that are related to the claim. (Amended 40 of 1989 s. 10; 25 of
1998 s. 2; L.N. 112 of 2012)


2. In the District Court, civil proceedings brought, by the person seeking legal aid (claimant), for damages in a

claim arising from personal injuries to, or the death of, any person where, in the opinion of the Director, the
claim is likely to exceed $60000 (including proceedings for the defence to a counterclaim against the claimant
and other proceedings incidental to the civil proceedings); and in a higher court, proceedings that are related to
the claim. (Added 40 of 1989 s. 10. Amended L.N. 112 of 2012)


3. In the District Court, civil proceedings brought under the Employees' Compensation Ordinance (Cap 282) by the

person seeking legal aid, in the capacity as an employee (including proceedings incidental to the civil
proceedings); and in a higher court, proceedings that are related to the civil proceedings. (Added 27 of 1991 s.
20. Amended L.N. 112 of 2012)


4. In the Court of First Instance, Court of Appeal or District Court, civil proceedings brought, by the person

seeking legal aid, for damages for medical, dental or legal professional negligence where, in the opinion of the
Director, the claim is likely to exceed $60000 (including proceedings for the defence to a counterclaim against
the person and other proceedings incidental to the civil proceedings); and in a higher court, proceedings that are
related to the claim. (Added 43 of 1995 s. 14. Amended 25 of 1998 s. 2; L.N. 112 of 2012)


5. Civil proceedings in the Court of First Instance, Court of Appeal or District Court that are brought, by the person

seeking legal aid, in respect of a claim for damages that falls within the following descriptions (including
proceedings for the defence to a counterclaim against the person and other proceedings incidental to the civil
proceedings), and proceedings in a higher court that are related to the claim—

(a) the claim is made by the person in respect of the professional negligence of any of the following
persons—
(i) a certified public accountant (practising) as defined by section 2 of the Professional Accountants

Ordinance (Cap 50);
(ii) a person registered as a registered architect under the Architects Registration Ordinance (Cap

408);
(iii) a registered professional engineer as defined by section 2 of the Engineers Registration

Ordinance (Cap 409);
(iv) a registered professional surveyor as defined by section 2 of the Surveyors Registration

Ordinance (Cap 417);
(v) a registered professional planner as defined by section 2 of the Planners Registration Ordinance

(Cap 418);
(vi) an authorized land surveyor as defined by section 2 of the Land Survey Ordinance (Cap 473);
(vii) an estate agent as defined by section 2 of the Estate Agents Ordinance (Cap 511);
(viii) a person registered as a registered landscape architect under the Landscape Architects

Registration Ordinance (Cap 516); and
(b) the claim is, in the opinion of the Director, likely to exceed $60000. (Added L.N. 112 of 2012)


6. Civil proceedings in the Court of First Instance, Court of Appeal or District Court that are brought, by the person

seeking legal aid, in respect of a claim for damages that falls within the following descriptions (including
proceedings for the defence to a counterclaim against the person and other proceedings incidental to the civil
proceedings), and proceedings in a higher court that are related to the claim—



Cap 91 - LEGAL AID ORDINANCE 23

(a) the claim is made by the person in respect of the negligence of an insurer, appointed insurance agent or
authorized insurance broker, as defined by section 2 of the Insurance Companies Ordinance (Cap 41),
in the performance of their functions for the taking out of the personal insurance that is the subject of
the claim; and

(b) the claim is, in the opinion of the Director, likely to exceed $60000. (Added L.N. 112 of 2012)

7. Civil proceedings in the Court of First Instance, Court of Appeal or District Court that are brought, by the person

seeking legal aid, in respect of a claim for damages that falls within the following descriptions (including
proceedings for the defence to a counterclaim against the person and other proceedings incidental to the civil
proceedings), and proceedings in a higher court that are related to the claim—

(a) the claim is made by the person against the legal or beneficial owner of a residential property that is a
first-hand property;

(b) the claim arises from—
(i) an agreement for sale and purchase of the property, not being an agreement which, because of

paragraph 5, 6 or 7 of Part 3 of this Schedule, is not regarded as having been entered into in
respect of the property; or

(ii) a sale under the agreement described in sub-subparagraph (i); and
(c) the claim is, in the opinion of the Director, likely to exceed $60000. (Added L.N. 112 of 2012.

Amended E.R. 1 of 2013)

8. Civil proceedings in the Court of First Instance or Court of Appeal that are brought in respect of an appeal under

the Labour Tribunal Ordinance (Cap 25) relating to a claim to which the person seeking legal aid is a party in the
capacity as an employee (including proceedings incidental to the civil proceedings), and proceedings in a higher
court that are related to the appeal. (Added L.N. 112 of 2012)




Part 2


Excepted Proceedings

1. (Repealed 43 of 1995 s. 14)

2. Claims in the Court of First Instance or District Court for damages for assault and battery. (Added 27 of 1991 s.

20. Amended 43 of 1995 s. 14; 25 of 1998 s. 2)



Part 3


Interpretation Provisions

1. In this Schedule—

associate corporation (有聯繫法團), in relation to a company or specified body, means—
(a) a subsidiary of the company or specified body; or
(b) a subsidiary of a holding company of the company or specified body;

company (公司) has the meaning given by section 2(1) of the Companies Ordinance (Cap 622); (Amended 28
of 2012 ss. 912 & 920 and L.N. 162 of 2013)

holding company (控權公司) means a holding company within the meaning of the Companies Ordinance (Cap
622); (Amended 28 of 2012 ss. 912 & 920 and L.N. 162 of 2013)

personal insurance (個人保險) means an insurance that is taken out by an individual and under which an
individual is the insured person, but does not include any such insurance the sole or predominant purpose of
which is for any one or more of the following—
(a) business or commercial insurance;
(b) industrial insurance;



Cap 91 - LEGAL AID ORDINANCE 24

(c) investment;
residential property ( 住宅物業 ) means an immovable property (whether completed or uncompleted)

constituting a separate unit constructed or intended to be constructed for residential use;
specified body (指明團體) means a body corporate incorporated or established under an Ordinance;
subsidiary (附屬公司) means a subsidiary within the meaning of the Companies Ordinance (Cap 622).

(Amended 28 of 2012 ss. 912 & 920 and L.N. 162 of 2013)


2. For the purposes of paragraph 7(a) of Part 1 of this Schedule, a residential property is a first-hand property if no
agreement for sale and purchase has ever been entered into in respect of the property. (Amended E.R. 1 of
2013)


3. For the purposes of paragraph 2 of this Part, in determining whether an agreement for sale and purchase has been

entered into in respect of a residential property, paragraphs 4, 5, 6 and 7 of this Part apply.

4. If an agreement for sale and purchase has been entered into in respect of a residential property and the agreement

has been terminated or has been declared void by a court in relation to that property, the agreement is not to be
regarded as having been entered into in respect of that property.


5. If an agreement for sale and purchase is entered into, in respect of a residential property, between—

(a) a company or specified body (whether or not together with any other person); and
(b) an associate corporation, or a holding company, of the company or specified body (whether or not

together with any other person),
the agreement is not to be regarded as having been entered into in respect of that property.

6. If—

(a) a development, housing estate or phase of a development or housing estate has more than one
residential property (whether or not the development, housing estate or phase is completed); and

(b) all the residential properties in that development, housing estate or phase are sold, or agreed to be sold,
to any person under a single agreement for sale and purchase,

the agreement is not to be regarded as having been entered into in respect of any of those properties in that
development, housing estate or phase (as the case requires).


7. If—

(a) a building has more than one residential property (whether or not the building is completed); and
(b) all the residential properties of the building are sold, or agreed to be sold, to any person under a single

agreement for sale and purchase,
the agreement is not to be regarded as having been entered into in respect of any of those properties.

8. To avoid doubt, in determining whether a residential property is a first-hand property, the agreement for sale and

purchase that is the subject of the claim or that relates to the sale giving rise to the claim is not to be taken into
account.

(Part 3 added L.N. 112 of 2012)
(Schedule 3 added 54 of 1984 s. 27)

(Format changes—E.R. 1 of 2013)

Related Laws