Cap. 221D 《刑事案件法律援助規則》Legal Aid in Criminal Cases Rules

In these rules, unless the context otherwise requires—

In these rules—

In these rules, in any case to which rule 4(1)(ca) applies—

The Director shall prepare and maintain separate panels of counsel and solicitors enrolled on the rolls of barristers and solicitors maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap. 159) who are willing to act for aided persons. (L.N. 122 of 1982; L.N. 323 of 1983)

(Repealed L.N. 323 of 1983)

The Director shall enter in the appropriate panel any limitation as to the number per annum and 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.

Any counsel or solicitor shall be entitled to have his name included on the appropriate 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. (L.N. 323 of 1983)

The Director shall not include the name of a counsel or solicitor on a panel unless he is satisfied that such counsel or solicitor has a practising certificate, and shall remove from the panel the name of any counsel or solicitor who does not have a practising certificate. (L.N. 323 of 1983)

To avoid doubt, if a solicitor is assigned to an aided person for the purpose of any proceedings, any other solicitor in the same firm as the solicitor assigned may act for the aided person; however, this paragraph does not apply to the assignment of a solicitor described in item 5A, 5B, 5C, 5D, 6, 17 or 19 in the Table of Fees in Part 2 of the Schedule unless the Director gives prior consent. (L.N. 36 of 2012; L.N. 109 of 2016)

Subject to paragraph (8), a counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.

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

Subject to paragraph (7), a counsel or solicitor may at any time request the Director to remove his name from a panel, and the Director shall comply with such request. (L.N. 323 of 1983)

In this rule—

Any counsel or solicitor who was entered on a panel maintained for the purposes of this rule prior to the commencement^# of the Legal Aid in Criminal Cases (Amendment) Rules 1983 shall be deemed to be entered on the appropriate panel maintained under this rule upon such commencement: Provided that any such counsel or solicitor may request that an entry be made under paragraph (3) limiting the type of proceedings in which he is prepared to act by excluding therefrom any type of proceedings in which he had not indicated willingness to act prior to such commencement, and the Director shall comply with any such request. (L.N. 323 of 1983)

Subject to any requirement to make contributions under Part 3— (L.N. 204 of 1984; E.R. 2 of 2012)

if the Director is satisfied that his financial resources do not exceed the limits specified in section 5 of the Legal Aid Ordinance (Cap. 91) in relation to the grant of legal aid under that Ordinance. (L.N. 427 of 1982; L.N. 323 of 1983; L.N. 115 of 1985; L.N. 199 of 1992)

Where a person has been granted legal aid for any matter specified in paragraph (1) he may also be granted legal aid for any proceedings arising out of or connected with such matter, including any application for bail or an appeal against refusal to grant bail. (L.N. 204 of 1984)

Where an accused person has been granted legal aid under paragraph (1)(a), (b) or (j) and a letter of request has been issued by the Court of First Instance under section 77E of the Evidence Ordinance (Cap. 8) addressed to a court or tribunal exercising jurisdiction in a place outside Hong Kong, he may also be granted legal aid for any proceedings in that court or tribunal in connection with the letter of request. (L.N. 157 of 1986; 25 of 1998 s. 2)

Where the Director is satisfied that the accused person should be granted legal aid, the Director shall—

Where an accused person has been granted legal aid under rule 4(3), the Director shall engage, for the purpose of representing the accused person in the court or tribunal referred to in that rule, the services of 1 or, if the Director thinks fit, more than 1 lawyer who is or are, as the case may be— (E.R. 5 of 2021)

A legal aid certificate—

Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the appropriate court in Hong Kong a notice of his refusal in such form as he may determine. (L.N. 70 of 1973; L.N. 136 of 1981; L.N. 412 of 1981; L.N. 122 of 1982; L.N. 199 of 1992)

Where the Director is not satisfied that the financial resources of the accused person do not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed. (L.N. 204 of 1984; L.N. 199 of 1992)

Except in relation to an appeal to the Court of Final Appeal or an application to the Court of Final Appeal for leave to make such an appeal, where it appears to a judge or District Judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge or District Judge may, subject to paragraph (2), grant him a legal aid certificate, and the Director shall thereupon assign 1 solicitor or counsel, or 1 solicitor and 1 counsel, or 1 solicitor and 2 counsel (one of whom may be leading counsel), as the Director thinks fit, to represent the accused person. (L.N. 122 of 1982; L.N. 323 of 1983; 79 of 1995 s. 50; L.N. 109 of 2016)

If the Director is satisfied that the appellant should be granted legal aid, the Director shall—

An appeal aid certificate—

This rule shall not apply to proceedings relating to an appeal to, or an application for leave to appeal to, the Court of Final Appeal. (L.N. 122 of 1982; 79 of 1995 s. 50)

If the Director is not satisfied that the appellant should be granted legal aid to appeal, the Director shall refuse the application and shall forward to the Registrar a notice of his refusal in such form as he may determine. (L.N. 70 of 1973; L.N. 136 of 1981; L.N. 412 of 1981; L.N. 199 of 1992)

Where the Director is not satisfied that the financial resources of the accused person do not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed. (L.N. 204 of 1984; L.N. 199 of 1992)

If on an appeal from any conviction, order or determination in respect of or in connexion with any offence, it appears to a judge or, in the case of an appeal to the Court of Appeal, to the court or a judge thereof that an appellant should be granted legal aid notwithstanding that the Director refused his application, the judge or the Court of Appeal may, subject to paragraph (2), grant him an appeal aid certificate, and the Director shall thereupon assign 1 solicitor or counsel, or 1 solicitor and 1 counsel, or 1 solicitor and 2 counsel (one of whom may be leading counsel), as the Director thinks fit, to represent the appellant. (L.N. 204 of 1984; L.N. 109 of 2016)

Notwithstanding anything contained in this Part, where a person—

the Director may, having considered the financial resources of the accused person or appellant, grant him a legal aid certificate or an appeal aid certificate, as the case may require, and shall do so if his financial resources do not exceed the relevant amounts specified in rule 4. (L.N. 199 of 1992; L.N. 182 of 1993; 6 of 2024 s. 149)

The powers of the Director under subparagraphs (a) and (b) of paragraph (1) may be exercised by a judge or, in the case of an appeal to the Court of Appeal, by the Court or a judge of the Court; and, if the Court or the judge thinks fit, the Court or the judge may by order exempt the accused person or appellant from the requirements of Part 3. (L.N. 122 of 1982; E.R. 2 of 2012; E.R. 5 of 2021)

Upon granting a legal aid certificate or an appeal aid certificate under this rule, the Court of Appeal, the judge or the Director shall assign 1 solicitor or counsel, or 1 solicitor and 1 counsel, or 1 solicitor and 2 counsel (one of whom may be leading counsel), as the Court, the judge or the Director thinks fit, to represent the accused person or appellant.

In this rule—

The Director may, if he is satisfied that it is desirable in the interests of justice, discharge a legal aid certificate or an appeal aid certificate.

Except in proceedings relating to appeals to, or applications for leave to appeal to, the Court of Final Appeal, the powers of the Director under paragraph (1) may be exercised by a judge or District Judge or, in the case of an appeal to the Court of Appeal, by the court or a judge thereof. (L.N. 122 of 1982; 79 of 1995 s. 50)

If the Director is not satisfied that an appellant should be granted legal aid to appeal to, or to apply for leave to appeal to, the Court of Final Appeal, the Director shall refuse the application and inform the appellant in writing of the refusal.

An appellant aggrieved by a decision of the Director under paragraph (1) or his decision to discharge an appeal aid certificate granted in respect of an appeal to, or an application for leave to appeal to, the Court of Final Appeal may bring the decision on review before the committee mentioned in section 26A of the Legal Aid Ordinance (Cap. 91) and the provisions of that section shall apply to a review under this rule.

Subject to paragraph (2) the Director shall assess the financial resources of each applicant for legal aid in accordance with the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B) as if the applicant were a person applying for legal aid under the Legal Aid Ordinance (Cap. 91), and those regulations shall apply accordingly. (L.N. 115 of 1985; L.N. 199 of 1992; E.R. 2 of 2012)

The Director may, if he is satisfied that it is desirable in the interests of justice, grant a legal aid certificate or an appeal aid certificate to an applicant notwithstanding that on an assessment under paragraph (1) he determines that the applicant’s financial resources, in the case of legal aid to which section 5 of the Legal Aid Ordinance (Cap. 91) applies, exceed the amount specified in that section. (L.N. 199 of 1992)

Subject to rule 13, the Director may require an aided person to pay to him a contribution towards the sums payable on his account by the Director.

The amount of any contribution required to be paid under paragraph (1) shall—

(Repealed L.N. 360 of 1995)

(Repealed L.N. 323 of 1983)

Upon transferring a charge or complaint to the District Court under Part IV of the Magistrates Ordinance (Cap. 227) the magistrate shall inform the accused person of his right to apply for legal aid. (L.N. 64 of 1978)

The fees payable to a solicitor or counsel described in column 2 of the Table of Fees in Part 2 of the Schedule is to be determined by the Director having regard to the work reasonably expected to be done or work actually and reasonably done and, subject to this rule and Part 1 of that Schedule, in accordance with the corresponding paragraph or paragraphs in column 3 of that Table. (L.N. 36 of 2012)

(Repealed L.N. 36 of 2012)

In addition to the fees payable under paragraph (1), there shall be payable to a solicitor—

(Repealed L.N. 36 of 2012)

A claim for fees shall be submitted to the Director in such form and manner as he shall require. (L.N. 87 of 1990)

The Director may re-determine the fees determined under this rule in accordance with items 1(a) and (b)(i) and (ii), 2(a) and (b)(i) and (ii), 3(a) and (b)(i) and (ii), 4(a) and (b)(i) and (ii), 5(a) and (b)(i) and (ii), 5A(a)(i) and (ii), 5B(a)(i) and (ii), 5C(a)(i) and (ii), 5D(a)(i) and (ii), 6(a)(i) and (ii), 7(a)(i) and (ii), 8(a)(i) and (ii), 9(a)(i) and (ii), 10(a)(i) and (ii) and 11(a)(i) and (ii) in the Table of Fees in Part 2 of the Schedule, payable to a solicitor or counsel (other than Senior Counsel), in circumstances that the Director considers appropriate having regard to any change in the work reasonably expected to be done or work actually and reasonably done, and in accordance with the following rates— (L.N. 109 of 2016)

In this rule—

If a solicitor or counsel is assigned to an aided person under these rules before the commencement date, these rules as in force immediately before the commencement date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.

In this rule—

If a solicitor or counsel is assigned to an aided person under these rules before the commencement date, these rules as in force immediately before the commencement date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.