### Legal Aid in Criminal Cases Rules 《刑事案件法律援助規則》

14. Director may represent aided person
The Director may, in lieu of assigning solicitor or counsel to an accused person or appellant under these rules, represent the accused person or appellant.

14A. Power to discharge certificates
(1) 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.
(2) 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)
(L.N. 70 of 1973)

14B. Refusal of legal aid in Court of Final Appeal appeals
(1) 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.
(2) 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.
(L.N. 122 of 1982; 79 of 1995 s. 50)

15. Assessment of financial resources
(1) 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)
(2) 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)

### Legal Aid in Criminal Cases Rules 《刑事案件法律援助規則》

16. Contributions by aided persons
(1) 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.
(2) The amount of any contribution required to be paid under paragraph (1) shall—
(a) be calculated in accordance with Part 1 of Schedule 3 to the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B) as if the aided person required to pay the contribution had been granted legal aid under the Legal Aid Ordinance (Cap. 91); (L.N. 115 of 1985; L.N. 360 of 1995; L.N. 488 of 1995; E.R. 1 of 2013)
(b) be a debt due to the Director payable in a lump sum or by instalments on such day or within such periods as the Director may determine.
(3) (Repealed L.N. 360 of 1995)(L.N. 427 of 1982)

17. Effect of grant of legal aid
On the issue of a legal aid certificate—
(a) counsel or a solicitor retained by or on behalf of the aided person before the issue of the legal aid certificate shall not withdraw from the proceedings without the leave of a judge after the issue of the legal aid certificate;
(b) the Director shall set off the amount received by the counsel or solicitor prior to the issue of the legal aid certificate in assessing the fees payable to the counsel and solicitor.
(L.N. 360 of 1995)

18. Excess contributions to be repaid to aided person
If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.

19. Committing magistrate to inform accused of his right to apply for legal aid
(1) (Repealed L.N. 323 of 1983)(2) 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)

20. Copies of transcripts
Solicitor or counsel assigned to an accused person or to an appellant under these rules shall be entitled upon application to receive free of charge from the appropriate court in Hong Kong a copy of the transcript of the proceedings or of the depositions, including documentary exhibits, if any, in the case. 
(L.N. 157 of 1986)

### Legal Aid in Criminal Cases Rules 《刑事案件法律援助規則》

22. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2016
(1) In this rule—
amending Rules (《修訂規則》) means the Legal Aid in Criminal Cases (Amendment) Rules 2016 (L.N. 109 of 2016); (E.R. 5 of 2021)
*commencement date (生效日期) means the date on which the amending Rules come into operation.
(2) 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.
(L.N. 109 of 2016) Editorial Note:
* Commencement date: 14 November 2016.

23. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2017
(1) In this rule—
amending Rules (《修訂規則》) means the Legal Aid in Criminal Cases (Amendment) Rules 2017 (L.N. 185 of 2017); (E.R. 5 of 2021)
*commencement date (生效日期) means the date on which the amending Rules come into operation.
(2) 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.
(L.N. 185 of 2017) Editorial Note: 
* Commencement date: 3 April 2018.

24. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2020
If a solicitor or counsel is assigned to an aided person under these rules before 20 July 2020, these rules as in force immediately before that date continue to apply to the solicitor or counsel in respect of the assignment as if the Legal Aid in Criminal Cases (Amendment) Rules 2020 (L.N. 133 of 2020) had not been made.
(L.N. 133 of 2020; E.R. 5 of 2021)

25. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2021
If a solicitor or counsel is assigned to an aided person under these rules before the date* on which the Legal Aid in Criminal Cases (Amendment) Rules 2021 (amending Rules