### Legal Aid Ordinance 《法律援助條例》

22. Prohibition against taking fees from aided person
(1) Subject to the provisions of section 18, no person who, pursuant to any reference under this Ordinance, makes any investigation or report or gives any opinion or certificate or who acts for an aided person, shall take or agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect thereof. (Amended 54 of 1984 s. 21)
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. (Added 54 of 1984 s. 21. Amended 26 of 2000 s. 6)

22A. Power of the Legislative Council to make amendments
The Legislative Council may, by resolution, amend—
(a) the rate of maintenance payments specified in section 18A(5); and
(b) the amount specified in the proviso to section 19B(1)(a).
(Added 8 of 1997 s. 6)

23. Proceedings for misrepresentations, etc.
(1) Any person seeking or receiving legal aid who—
(a) wilfully fails to comply with any regulations as to the information to be supplied by him; or
(b) in furnishing any information required by such regulations knowingly makes any false statement or false representation,
shall be guilty of an offence and liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Amended 26 of 2000 s. 7)
(2) Any proceedings for an offence under subsection (1) may, notwithstanding any law prescribing the time within which such proceedings may be brought, be brought within 2 years after the commission of the offence or within 1 year next after the first discovery thereof by the prosecutor, whichever is the shorter.
(Amended 54 of 1984 s. 22)

### Legal Aid Ordinance 《法律援助條例》

24. Privileges attaching to certain relationships
(1) The like privileges and rights as those which arise from the relationship of client, counsel and solicitor acting in their professional employment shall arise from the following relationships, that is to say—
(a) the relationship between an applicant for legal aid and the Director and counsel and solicitor to whom the application is referred;
(b) the relationship between an aided person and the Director and counsel and solicitor assigned to act for him in any proceedings to which a legal aid certificate relates.
(2) (Repealed 27 of 1991 s. 15)(3) Save as provided by this Ordinance, the rights conferred by this Ordinance on an aided person shall not affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.
(4) A person shall not disclose information given for the purposes of this Ordinance concerning a person seeking or receiving advice, assistance or representation otherwise than—
(a) to enable the proper performance by a person of a function under this Ordinance;
(b) to advise on, institute and pursue criminal proceedings for an offence arising out of the operation of this Ordinance or to report the proceedings; or
(c) with the consent of the person concerned and, if he did not give the information, the consent of the person who did. (Added 43 of 1995 s. 9)
(5) Subsection (4) does not apply to information in the form of a summary or collection of information set out in a manner that does not enable information concerning a particular person to be ascertained from it. (Added 43 of 1995 s. 9)
(6) Information given to counsel or a solicitor acting in that capacity by or on behalf of a person seeking or receiving advice, assistance or representation under this Ordinance is not information given for the purposes of this Ordinance. (Added 43 of 1995 s. 9)
(7) In this section, court (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50. Amended L.N. 312 of 1998)

25. Legal aid not to discontinue without leave
(1) An aided person shall not without the leave of the Director discharge any counsel or solicitor assigned to act under this Ordinance for him.
(2) Subject to the provisions of subsection (3), counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.
(3) Nothing in this section shall prejudice the right of counsel or solicitor to refuse, or to give up, a case on reasonable grounds.

### Legal Aid Ordinance 《法律援助條例》

26. Appeal from decision of Director
(1A) This section shall not apply to an order or decision of the Director made in relation to an application for legal aid to appeal to, or to apply for leave to appeal to, the Court of Final Appeal. (Added 14 of 1982 s. 15. Amended 79 of 1995 s. 50)
(1) An applicant for legal aid or an aided person who is aggrieved by any order or decision of the Director made under any provision of this Ordinance may appeal therefrom to the Registrar of the High Court in chambers. (Amended 40 of 1989 s. 8; 25 of 1998 s. 2)
(2) An appeal under this section shall be initiated by notice in writing to attend before the Registrar of the High Court without a fresh summons, within 14 days of the order or decision complained of, or such further time as may be allowed by the Registrar. (Amended 13 of 1995 s. 2; 43 of 1995 s. 10; 25 of 1998 s. 2)
(3) Unless otherwise ordered by the Registrar, there shall be at least one clear day between service of the notice of the appeal and the day of hearing.
(3A) A person who appeals under this section has the right to representation by counsel or a solicitor at his own expense on the hearing of the appeal. (Added 43 of 1995 s. 10)
(4) A decision of the Registrar on an appeal under this section shall be final, save that the Registrar may refer any appeal, and shall refer an appeal against any decision of the Director under section 4(3), for decision of a judge of the High Court in chambers, in which event the decision of the judge shall be final. (Amended 25 of 1998 s. 2)
(4A) A hearing under this section may be conducted in either or both of the official languages. (Added 51 of 1995 s. 10)
(5) The Registrar shall give written notice of the decision on an appeal under this section to the Director and to the person who made the appeal and shall adequately state in the notice the reasons for the decision. (Added 27 of 1991 s. 16)

### Legal Aid Ordinance 《法律援助條例》

27. Expenses of legal aid
The expenses of legal aid shall be met by the Director from moneys provided by the Legislative Council: (Amended 54 of 1984 s. 24)
Provided that nothing in this section shall apply to expenses incurred under the Supplementary Legal Aid Scheme except in so far as such expenses cannot be paid out of the Fund. (Added 54 of 1984 s. 24)