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

26. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2023
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 2023 (amending Rules

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

1. Short title
This Ordinance may be cited as the Criminal Procedure Ordinance.
(Amended 5 of 1924 s. 6)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

5. Bringing of prisoners before the court
The Commissioner of Correctional Services shall, by himself or his deputy, bring each prisoner awaiting trial before the court when his case is called for trial, and during the continuance of the trial shall have him under his charge and custody, and remand him to prison, by permission or order of the court, during the progress of the trial or on any adjournment thereof.
(Amended 1 of 1912 Schedule; 5 of 1924 s. 12; 25 of 1937 s. 3; G.N. 678 of 1938; 63 of 1971 s. 2)

7. Assistance by police
The police shall afford such assistance as may be necessary to enable the Commissioner of Correctional Services to comply with the requirements of section 5.
(Amended 50 of 1911 s. 4; 5 of 1924 ss. 8 & 12; 25 of 1937 s. 3; G.N. 678 of 1938; 63 of 1971 s. 3)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

9. Rules and orders as to practice and procedure
(1) Rules and orders regulating the practice and procedure under this Ordinance shall be made by the Criminal Procedure Rules Committee, which shall consist of—
(a) the Chief Judge, who shall be chairman; (Amended 10 of 2005 s. 9)
(b) a Justice of Appeal appointed by the Chief Judge; (Amended 10 of 2005 s. 9)
(c) a judge of the Court of First Instance appointed by the Chief Judge; (Amended 25 of 1998 s. 2; 10 of 2005 s. 9)
(d) the Secretary for Justice or a legal officer nominated by him; (Amended L.N. 362 of 1997)
(e) the Director of Legal Aid or a legal aid officer nominated by him;
(f) a barrister nominated by the Hong Kong Bar Association;
(g) a solicitor nominated by The Law Society of Hong Kong;
(h) the Registrar, or a Senior Deputy Registrar or Deputy Registrar of the High Court appointed by the Chief Judge, who shall be secretary. (Replaced 13 of 1995 s. 23. Amended 10 of 2005 s. 179)
(1A) Rules and orders made by the Rules Committee shall not have effect until approved by the Legislative Council and published in the Gazette. (Added 13 of 1995 s. 23)
(2) Such rules and orders may provide for the times for or within which documents must be filed or notices given, the duties of the various officers of the court, the manner in which cases and arguments are to be presented, and generally for the better carrying out of the provisions of this Ordinance. (Amended 24 of 1950 Schedule; 15 of 1969 s. 2; 13 of 1995 s. 23)
(3) Subject to the provisions of this Ordinance and to such rules and orders and any other enactment (including any enactment relating to juries) applicable thereto, the practice and procedure in all criminal causes and matters shall be, as nearly as possible, the same as the practice and procedure from time to time and for the time being in force for similar cases in England. (Amended 6 of 2024 s. 140)
(4) The Rules Committee may, by notice in the Gazette, specify forms for use under this Ordinance, and such forms shall be adhered to with such variations and additions as may be necessary. (Added 13 of 1995 s. 23)
(Replaced 5 of 1933 s. 2)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

9A. Legal aid in criminal cases
(1) Subject to subsection (1A), the Rules Committee may, with the approval of the Legislative Council, make rules providing for the granting of legal aid in criminal cases to persons of limited means which rules, in particular, may— (Amended 13 of 1995 s. 24; 37 of 1996 s. 2)
(a) make provision as to the information to be given by a person seeking or receiving legal aid;
(b) make provision as to the manner in which the rate of a person’s disposable income and the amount of his disposable capital are to be computed for the purpose of the rules and the person or authority by whom such computation shall be made;
(c) determine whether any resources are to be treated as disposable income or disposable capital and for taking into account fluctuations of income;
(d) determine the contribution towards costs and expenses to be made by a person receiving legal aid;
(e) determine the extent to which any resources of a person’s husband or wife shall be treated as that person’s resources for the purpose of the rules;
(f) provide, in relation to infants and in other special cases, for taking into account the resources of other persons;
(g) prescribe the scale of fees and costs which shall be paid to solicitor or counsel acting for an aided person (or submitting any opinion for the purpose of the rules);
(h) prescribe any forms to be used for the purpose of the rules.
(1A) Rules may be made under subsection (1) for the granting of legal aid to accused persons who are not represented by counsel or solicitor (and whether or not such persons are of limited means) for the purposes of assisting the court, within the meaning of section 75(6), in its consideration of the question of fitness to be tried of such persons. (Added 37 of 1996 s. 2)
(2) The expenses of legal aid granted under such rules shall be met from moneys provided by the Legislative Council.
(Added 15 of 1969 s. 3)(See also Cap. 91 s. 28(2))