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

4. Determination of income, disposable income and disposable capital
Save as otherwise provided by these regulations—
(a) the income of the person concerned shall be determined in accordance with Part 1 of Schedule 1 and his disposable income in accordance with Parts 1 and 2 of Schedule 1; and
(b) the disposable capital of the person concerned shall be determined in accordance with Schedule 2.
(E.R. 3 of 2015)

5. Subject matter of dispute
(1) In computing the financial resources, income, disposable income or disposable capital of the person concerned there shall be excluded the value of the subject matter of the dispute in respect of which application has been made. (L.N. 195 of 1992)
(2) Periodical payments of maintenance made under an order of a court shall not be treated as the subject matter of the dispute for the purposes of subregulation (1).

6. Application in representative or fiduciary capacity
Where an application is made by a person who is concerned in the proceedings only in a representative or fiduciary capacity, then for the purpose of determining the financial resources, income or disposable income and disposable capital of that person and, where appropriate, the amount of any contribution under section 18(1)(b) of the Ordinance, the Director—
(a) shall determine the value of any property or estate or the amount of any fund out of which that person is entitled to be indemnified and the financial resources, income or disposable income and disposable capital and maximum contribution of any persons (including that person if appropriate) who might benefit from the outcome of the proceedings; but
(b) shall otherwise disregard the financial resources of that person.
(L.N. 195 of 1992)

7. Resources of a spouse
(1) Except as otherwise provided in subregulation (2), in computing the financial resources, income or disposable income and disposable capital of the person concerned the resources of his or her spouse shall be treated as that person’s resources. (L.N. 105 of 1988; L.N. 195 of 1992)
(2) The resources of the spouse of the person concerned shall not be treated as his or her resources if—
(a) the spouse has a contrary interest in the dispute in respect of which application is made; or
(b) the person concerned and the spouse are living separate and apart.
(3) A spouse, whose resources are to be treated under this regulation as the resources of the person concerned, shall, for the purposes of rule 8 of Schedule 1, be deemed to be a dependant of the person concerned. (L.N. 105 of 1988; L.N. 148 of 2000)

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

8. Resources of an applicant who is an infant
Where an application is made on behalf of an infant for the grant of legal aid, the infant’s resources shall include any sum payable under an order of the court or under any instrument to any person for the maintenance of the infant.
(L.N. 195 of 1992)

8A. Resources of persons receiving Comprehensive Social Security Assistance
For the purposes of determining the financial resources of a person receiving assistance under the Comprehensive Social Security Assistance Scheme administered by the Director of Social Welfare, it shall be presumed that the financial resources of that person do not exceed 12.5% of the financial eligibility limit unless there are reasonable grounds to believe or suspect that the financial resources of that person may be such as to render him ineligible for legal aid or liable to pay a contribution by virtue of section 18(1) of the Ordinance.
(L.N. 148 of 2000; E.R. 1 of 2013; L.N. 78 of 2015)

9. Deprivation or conversion of resources
If it appears to the Director that the person concerned has with intent to reduce the amount of his financial resources, income, disposable income or disposable capital— (L.N. 195 of 1992)
(a) directly or indirectly deprived himself of any resources; or
(b) converted any part of his resources into resources which under these regulations are to be wholly or partly disregarded (including the repayment of money borrowed on the security of a dwelling), or in respect of which nothing is to be included in determining the resources of that person,
the resources of which he has so deprived himself or which he has so converted shall be treated as part of his resources or as not so converted as the case may be.

10. Duty of the person concerned to report change in financial circumstances
The person concerned shall inform the Director of any change in the financial circumstances in reference to which the original determination was made where that person has reason to believe that such change may affect the terms or continuation of his certificate.

11. Re-determination on change of circumstances
(1) Where it appears to a Director that the circumstances in reference to which he has determined the financial resources of the person concerned have altered, the Director may re-determine that person’s financial resources, income, disposable income or disposable capital. (L.N. 195 of 1992)
(2) If the Director does not after exercising his powers under subregulation (1) discharge or revoke that person’s legal aid certificate, he may, except in the case of a certificate granted under the Supplementary Legal Aid Scheme, re-determine that person’s maximum contribution.

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

12. Amendment of determination because of error or mistake
Where it appears to the Director that there has been an error or mistake in the determination of a person’s financial resources, income, disposable income, disposable capital or maximum contribution or in any computation or estimate upon which such determination is based and that it would be just and equitable to correct the error or mistake, the Director may make an amended determination, which shall for all purposes be substituted for the original determination and shall have effect in all respects as if it were the original determination.
(L.N. 195 of 1992)

13. Contributions from legally aided persons
The maximum contribution of an aided person under section 18(1)(b) of the Ordinance shall be a contribution in respect of his financial resources assessed in accordance with Part 1 of Schedule 3.
(L.N. 195 of 1992; E.R. 1 of 2013)

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

15. Contributions for employee’s compensation and common law damages
A person who is issued with 2 legal aid certificates, one for employee’s compensation and the other for common law damages arising out of the same circumstances, is liable to pay only one amount of contributions for the 2 certificates.
(L.N. 489 of 1995)

16. Transitional provisions relating to Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 2012
Despite sections 3 and 5(16) of the Legal Aid (Assessment of Resources and Contributions) (Amendment) Regulation 2012 (L.N. 146 of 2012) (Amendment Regulation