### Legal Aid (Scale of Fees) Regulations 《法律援助(費用計算)規例》

6. Advance of fees to counsel and solicitor
(1) The Director may before taxation make an advance to counsel or solicitor of an amount not exceeding 75% of the sum which the Director estimates will be payable under regulation 4 or 5 and such advance shall be on account of moneys so payable.
(2) If the amount paid under subregulation (1) exceeds the amount payable under regulation 4 or 5, the counsel or solicitor, shall repay the excess to the Director.

7. Fees and costs in referred cases
If a case, in respect of which legal aid has been granted, is referred to any person by a court, there shall be payable to counsel and solicitor the same fees and costs as would have been payable if the reference had been a proceeding in the court by which it was referred, and all proceedings in connection with such reference shall be taxed by the court which referred them as if they were proceedings in the court.

8. Disallowance or reduction of costs on taxation
(1) Without prejudice to the rules of court, on the taxation of an aided person’s costs in any proceedings where the aided person’s solicitor has without good reason delayed in filing his bill of costs for taxation the whole of the profit costs may be disallowed or reduced.
(2) The aided person’s solicitor shall forthwith inform counsel of any disallowance or reduction of counsel’s fees on taxation.

9. Solicitor’s duty to safeguard interest of fund
On any taxation pursuant to an order for costs made in favour of an aided person where that person may himself have no interest in the result of the taxation, it shall be the duty of an aided person’s solicitor to safeguard the interest of funds in the Director’s control, and for this purpose to take such steps as may appear to a solicitor to be necessary to obtain a review of taxation under regulation 10 or 11.

10. Application to make objections to taxation
Where—
(a) an aided person is dissatisfied with any decision of a taxing master in regard to the amount which he is entitled to recover by virtue of an order or agreement for costs made in his favour or for which he is liable by virtue of an order for costs made against him; or
(b) the aided person’s solicitor is dissatisfied with any decision of the taxing master on a taxation pursuant to an order for costs made in favour of the aided person,
the solicitor shall apply to the Director for authority to make objections to the taxation; and if the Director gives authority, the solicitor may thereupon make objections in accordance with the rules of court.

### Legal Aid (Scale of Fees) Regulations 《法律援助(費用計算)規例》

11. Application to judge to review taxation
Where the aided person or his solicitor, as the case may be, is dissatisfied with the decision of a taxing master on any matter to which objection is made under regulation 10, the solicitor shall apply to the Director for authority to have the taxation reviewed; and if the Director gives authority, the solicitor may thereupon apply to a judge either personally or by counsel to review the taxation in accordance with the rules of court.

12. Counsel dissatisfied with taxation
Where counsel acting for an aided person is dissatisfied with any decision on a taxation, it shall be the duty of the aided person’s solicitor to report the matter to the Director and if the Director gives authority in that behalf, to make objection to the taxation or to apply to a judge, as the case may be, to review the taxation, and regulations 10 and 11 shall apply as if the solicitor were the person dissatisfied.

13. Objection by other party
If, in proceedings to which an aided person is a party, any other party makes objections to a taxation or applies to a judge to review the taxation the aided person’s solicitor may be heard on the objection or review notwithstanding that the aided person himself may have no interest in the taxation.

14. Taxation proceedings deemed to be covered by legal aid certificate
Any proceedings under regulations 10 to 13 shall be deemed to be proceedings to which the aided person’s legal aid certificate relates, whether or not it has been discharged or revoked, and the costs of such proceedings shall be paid out of funds in the Director’s control. 

15. Aided person having no interest or adverse interest
Where the aided person has no interest in the taxation or would, but for this regulation, have an interest adverse to that of his solicitor—
(a) it shall be the duty of the solicitor making objections under regulation 10 or applying for a review under regulation 11 to ensure that all matters which are properly to be taken into account in considering the objections or on the review are placed before the taxing master or judge as appropriate;
(b) the aided person shall not be required to make any contribution to the funds in the Director’s control on account of the costs of any proceedings arising under regulations 10 to 13 or in consequence of any order made thereon; and 
(c) the charge created by section 18A of the Ordinance shall not apply as regards any resulting increase in the net liability of the Director.

### Legal Aid (Scale of Fees) Regulations 《法律援助(費用計算)規例》

16. Time limits
Where any party to a taxation is an aided person the certificate of costs shall not, save by consent, be signed within 14 days after the taxing master’s decision; and where an aided person’s solicitor applies under regulation 10 or 11 for authority to make objections or to have a taxation reviewed, he shall do so before the expiration of the time allowed by the rules of court for making objections or for applying for review and shall thereupon give notice to the taxing master and to the opposite party of his application.

### Legal Aid Ordinance 《法律援助條例》

1. Short title
This Ordinance may be cited as the Legal Aid Ordinance.

### Legal Aid Ordinance 《法律援助條例》

3. Appointments
(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)