### Legal Aid Ordinance 《法律援助條例》

29. Establishment of Supplementary Legal Aid Fund
(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.

30. Borrowing powers of the Director
(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.

31. Accounts
(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.

### Legal Aid Ordinance 《法律援助條例》

32A. Effect of transfer between schemes
(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)

33. Appeals and powers of the Director
(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 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.

### Legal Aid (Assessment of Resources and Contributions) Regulations 《法律援助(評定資源及分擔費用)規例》

1. Citation
These regulations may be cited as the Legal Aid (Assessment of Resources and Contributions) Regulations.

2. Interpretation
(1) In these regulations, unless the context otherwise requires—
application (申請) means application for a legal aid certificate;
dependant (受養人) means any person wholly maintained by the person concerned; (L.N. 105 of 1988)
Director (署長) includes any public officer acting under the authority of regulation 3(2);
disposable capital (可動用資產) or disposable income (可動用收入) means disposable capital or disposable income as determined or to be determined by the Director under these regulations;
financial eligibility limit (財務資格限額) means the amount of financial resources specified in section 5(1) of the Ordinance; (L.N. 78 of 2015)
income (收入) means income as determined or to be determined by the Director and includes benefits and privileges;
period of computation (計算期間) means the period of 12 months next ensuing from the date of the application for a certificate, or such other period of 12 months as in the particular circumstances of any case the Director may consider to be appropriate;
person concerned (有關人士) means the person whose financial resources, income, disposable income or disposable capital is to be determined or redetermined or the person whose resources are to be treated as the resources of any other person, under these regulations. (L.N. 195 of 1992)
(2) For the purposes of these regulations, the income of the person concerned includes any sums payable to that person for the purpose of the maintenance of an infant and any sum so payable under an order of a court or under any instrument. (L.N. 195 of 1992)
(3) Where a person resides in more than one dwelling in which he has an interest his main dwelling shall, for the purposes of these regulations, be that determined by the Director.
(L.N. 195 of 1992)

2A. Assessment of financial resources
For the purpose of the definition financial resources (財務資源) in section 2 of the Ordinance, the financial resources of an aided person shall be assessed by multiplying that person’s monthly disposable income by 12 and adding his disposable capital to that sum.
(L.N. 195 of 1992)

3. Director to determine capital and income
(1) The financial resources, income, disposable income or disposable capital of a person and the extent of his liability to contribute in respect of any proceedings shall be determined by the Director. (L.N. 195 of 1992)
(2) Any public officer may act on behalf of the Director under this regulation.