### Legal Aid Regulations 《法律援助規例》

1. Citation
These regulations may be cited as the Legal Aid Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
certificate (證書) means a certificate or emergency certificate issued in accordance with these regulations, entitling a person to legal aid under the Ordinance.
(L.N. 194 of 1992)

3. Application for certificate
(1) Any person desiring legal aid in a civil action may apply for legal aid in the manner and form determined by the Director. (L.N. 326 of 1984; L.N. 194 of 1992)
(2) Every application for legal aid must contain any information and be accompanied by any documents that the Director may require to enable the Director to determine— (L.N. 145 of 2012)
(a) the nature of the proceedings in relation to which legal aid is sought and the circumstances in which legal aid is required;
(b) the question whether it is reasonable that a certificate should be granted; and
(c) the financial resources of the applicant. (L.N. 147 of 2000)
(3) An application made under the Supplementary Legal Aid Scheme must be accompanied by the following fee— (L.N. 145 of 2012)
(a) for proceedings mentioned in paragraph 1, 2, 3 or 8 of Part 1 of Schedule 3 to the Ordinance, a fee of $1,000; and
(b) for proceedings mentioned in paragraph 4, 5, 6, 7 or 9 of that Part, a fee of $5,000. (L.N. 326 of 1984; L.N. 235 of 1988; L.N. 194 of 1992; L.N. 145 of 2012; L.N. 170 of 2019)
(E.R. 1 of 2013)

### Legal Aid Regulations 《法律援助規例》

4. Applications on behalf of infants
(1) An application for legal aid for an infant shall be made by a person of full age and capacity on his behalf in the manner and form determined by the Director, and where the application relates to proceedings which are required by rule of court to be brought or defended by the next friend or guardian ad litem, that person shall be the next friend or guardian ad litem or, where proceedings have not actually begun, the person intending to act as next friend or guardian ad litem. (L.N. 326 of 1984; L.N. 194 of 1992)
(2)-(3) (Repealed L.N. 326 of 1984)(4) Any certificate issued by virtue of this regulation shall be in the name of the infant, stating the name of the person by whom he has applied.
(5) In any matter relating to the issue, amendment, revocation or discharge of a certificate issued by virtue of this regulation, and in any other matter which may arise as between an aided person and the Director, the person by whom the infant has applied for a certificate shall be treated for all purposes (including the receipt of notices) as the agent of the infant.

### Legal Aid Regulations 《法律援助規例》

6. Certificate not to refer to more than one cause of action etc.
A certificate shall not refer to more than one action, cause or matter except in the case of—
(a) matrimonial proceedings;
(b) an application for a grant of representation which is necessary to enable an action, which is the subject matter of the certificate, to be brought; or
(c) where the Director exercises his powers under regulation 6A(b)(iv), proceedings which may be taken to enforce or give effect to any order or agreement made for the purposes of the proceedings to which the certificate relates.
(L.N. 326 of 1984)

6A. Power to amend certificates
The Director may amend a certificate where in his opinion—
(a) there is an error on the face of the certificate; or (L.N. 194 of 1992)
(b) it has become desirable for the certificate to extend to—
(i) proceedings;
(ii) other steps;
(iii) subject to regulation 6, other proceedings;
(iv) proceedings which may be taken to enforce or give effect to any order or agreement made in the proceedings in respect of which it was issued; or
(v) the bringing of an interlocutory appeal; or
(c) it has become desirable for the certificate to extend to any steps having the same effect as a cross-action or reply thereto, or a cross appeal; or
(d) it has become desirable to add or substitute parties to the proceedings in respect of which the certificate was issued; or
(e) it has become desirable for the certificate not to extend to certain of the proceedings in respect of which it was issued; or
(f) a change of solicitor or counsel is required. (L.N. 194 of 1992)
(L.N. 326 of 1984)

6B. Power to amend on change of circumstances or contribution
Without prejudice to regulation 6A or 8(2), (2A) or (3), the Director may amend a certificate, other than a certificate granted under the Supplementary Legal Aid Scheme, where the circumstances by reference to which the Director has determined an aided person’s financial resources have altered.
(L.N. 326 of 1984; L.N. 194 of 1992; L.N. 147 of 2000)

### Legal Aid Regulations 《法律援助規例》

6C. Increase of contribution under certificates
Where legal aid has been granted under section 5 or 5AA of the Ordinance and the Director has assessed the amount of the contribution payable at a sum less than the maximum contribution permissible under the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B), and it appears that the costs incurred or likely to be incurred under the certificate are or are likely to exceed the contribution so assessed, the Director shall increase the amount of the contribution up to the amount or likely amount of those costs or to such maximum contribution, whichever amount is the less.
(L.N. 326 of 1984; L.N. 147 of 2000; E.R. 1 of 2013)

7. Emergency certificate
(1) Any person who desires legal aid as a matter of urgency may apply in the manner and form determined by the Director for an emergency certificate: (L.N. 194 of 1992)

Provided that no application for an emergency certificate may be made where legal aid is sought under the Supplementary Legal Aid Scheme. (L.N. 326 of 1984)
(2) An application for an emergency certificate shall give such information as may be requisite to enable the Director to determine whether—
(a) the applicant is likely to fulfil the conditions under which legal aid may be granted under the Ordinance; and
(b) it is in the interests of justice that the applicant should, as a matter of urgency, be granted legal aid,

and shall furnish such additional information and documents (if any) as may be sufficient to constitute an application for a legal aid certificate under the Ordinance:

Provided that, if it appears to the Director that the applicant cannot at the time of the application reasonably furnish that information, or any part of it, the Director shall nevertheless have power to issue an emergency certificate subject to such conditions as to the furnishing of additional information as he thinks reasonable.(3) An emergency certificate shall be in the prescribed form. (L.N. 326 of 1984)
(4) An emergency certificate shall have the same effect in all respects as a legal aid certificate.
(5) An emergency certificate shall remain in force for a period of 6 weeks, or such longer period not exceeding 3 months as the Director may allow, and unless within that period a legal aid certificate is issued in respect of the proceedings to which the emergency certificate relates it shall at the end of that period be deemed to have been revoked:

Provided that if within that period he decides to refuse the application for a legal aid certificate in respect of proceedings to which the emergency certificate relates, the Director shall forthwith revoke the emergency certificate.