### Criminal Procedure (Applications under Section 16) Rules 《刑事訴訟程序(根據本條例第16條提出的申請)規則》

13. Warrant to secure attendance of applicant
An applicant who is in custody may, at any time before the determination of his application, be brought before a judge by warrant under the hand of the Registrar.

14. Form of notices and warrants
Any notice to be given by the Registrar under these rules or warrant under his hand which he may execute thereunder shall be in the form of the analogous notice or warrant prescribed under the Criminal Appeal Rules (Cap. 221 sub. leg. A) with such modifications as the circumstances of the case may require.
(E.R. 6 of 2019)

15. Matters unprovided for in these rules
In the event of any circumstances arising on an application which are unprovided for in these rules the Registrar and judge shall be guided by the Criminal Appeal Rules (Cap. 221 sub. leg. A).
(E.R. 6 of 2019)

16. Written and broadcast reports
(1) Unless a judge, on the application of the applicant, otherwise directs, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any proceedings on an application containing any matter other than that permitted by paragraph (3).
(2) Notwithstanding paragraph (1), a report of proceedings on an application containing matter other than permitted by paragraph (3) may be published or broadcast where the judge directs that the accused shall not be arraigned on the charge and directs that he be discharged, and the period within which an appeal against such discharge may be made has expired and no appeal has been made or appeal has been made and it has been abandoned or dismissed.
(3) A report of proceedings on application may contain—
(a) the name of the judge;
(b) the offence, or a summary thereof, on which the applicant was committed;
(c) the grounds of the application, or a summary thereof;
(d) the names of counsel and solicitors engaged in the proceedings;
(e) any determination of the judge upon the application;
(f) where the proceedings on the application are adjourned, the date and place to which they are adjourned;
(g) whether legal aid was granted to the applicant.

17. Applicant may act through legal representative etc.
(1) Anything which, under these rules, is required or permitted to be done by the applicant may be done in his name by his solicitor or other legal representative.
(2) Where by these rules any notice or other document is required to be signed by the applicant, and the applicant is a body corporate, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk or manager of the body corporate.

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

1. Citation
These rules may be cited as the Legal Aid in Criminal Cases Rules.

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

6. Consideration of application for legal aid
Subject to rule 13, in determining an application for legal aid by an accused person the Director shall consider— (L.N. 109 of 2016)
(a) all the circumstances of the case and, in particular, any recommendation of the committing magistrate; and
(b) the financial resources of the accused person, (L.N. 199 of 1992)
and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.

7. Grant of legal aid certificate
(1) Where the Director is satisfied that the accused person should be granted legal aid, the Director shall—
(a) grant him a legal aid certificate; and
(b) assign 1 solicitor or counsel, or 1 solicitor and 1 counsel, or 1 solicitor and 2 counsel (one of whom may be leading counsel), as the Director thinks fit, to represent him. (L.N. 323 of 1983; L.N. 109 of 2016)
(1A) Where an accused person has been granted legal aid under rule 4(3), the Director shall engage, for the purpose of representing the accused person in the court or tribunal referred to in that rule, the services of 1 or, if the Director thinks fit, more than 1 lawyer who is or are, as the case may be— (E.R. 5 of 2021)
(a) qualified to represent the accused person in such court or tribunal; and
(b) not suspended from practice before such court or tribunal. (L.N. 157 of 1986)
(2) A legal aid certificate—
(a) shall be in such form as the Director may require; and (L.N. 199 of 1992)
(b) shall be forwarded by the Director to the accused person with a copy to the appropriate court in Hong Kong and to solicitor or counsel assigned under these rules. (L.N. 70 of 1973; L.N. 122 of 1982)

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

8. Refusal to grant legal aid
(1) Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the appropriate court in Hong Kong a notice of his refusal in such form as he may determine. (L.N. 70 of 1973; L.N. 136 of 1981; L.N. 412 of 1981; L.N. 122 of 1982; L.N. 199 of 1992)
(2) Where the Director is not satisfied that the financial resources of the accused person do not exceed the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed. (L.N. 204 of 1984; L.N. 199 of 1992)
(3) Except in relation to an appeal to the Court of Final Appeal or an application to the Court of Final Appeal for leave to make such an appeal, where it appears to a judge or District Judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge or District Judge may, subject to paragraph (2), grant him a legal aid certificate, and the Director shall thereupon assign 1 solicitor or counsel, or 1 solicitor and 1 counsel, or 1 solicitor and 2 counsel (one of whom may be leading counsel), as the Director thinks fit, to represent the accused person. (L.N. 122 of 1982; L.N. 323 of 1983; 79 of 1995 s. 50; L.N. 109 of 2016)

9. Duty of solicitor or counsel assigned
It shall be the duty of solicitor or counsel assigned to an accused person under these rules—
(a) if the accused person is convicted, to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, settling those grounds; and (L.N. 204 of 1984)
(b) if the accused person proposes to appeal, to give notice of appeal or of an application for leave to appeal and to attend to any matter preliminary thereto.