### Legal Aid Ordinance 《法律援助條例》

9. Power of Director to make inquiries
Where an application for legal aid is made under the provisions of section 8, the Director may—
(a) make such inquiries as he thinks fit as to the means of the applicant and as to the merits of the case and, for the purpose of the latter, he shall be entitled to be supplied free of charge—
(i) with a copy of the minute or relevant extract from the register referred to in section 35A of the Magistrates Ordinance (Cap. 227) in any relevant proceedings and in accordance with the provisions of that section;
(ia) with a copy of the pleadings and any other document in any relevant proceedings; (Added 27 of 1991 s. 8)
(ii) with a transcript of the evidence in any proceedings to which the application relates and, in the event of there being any other relevant proceedings (being proceedings to which subparagraph (i) does not relate), with a transcript of the relevant evidence in such other proceedings and also, if such other proceedings are criminal proceedings, of the judge’s summing up in such other proceedings; (Replaced 54 of 1984 s. 7)
(b) require the applicant to furnish such information and such documents as the Director may require for the purpose of considering the application;
(c) require the applicant to attend personally before the Director;
(d) refer the application, or any matter arising out of the application, to counsel or solicitor, whose name is on the appropriate panel, to investigate the facts and make a report thereon or to give any opinion thereon or on any question of law arising out of the application; (Amended 14 of 1982 s. 4; 79 of 1995 s. 50)
(da) (Repealed 79 of 1995 s. 50)(e) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant or of any person on whose behalf the applicant is acting pending determination of his application; (Amended 54 of 1984 s. 7)
(f) defray expenses incidental to any of the foregoing matters out of any funds in his control which are available for the purpose.

### Legal Aid Ordinance 《法律援助條例》

11. Revocation and discharge of certificates
The Director may, in such circumstances and manner as may be prescribed, revoke or discharge any legal aid certificate.

12. Application for aid by more than one party
(1)  If, in relation to any proceedings to which a person who has made an application for legal aid or an aided person is a party, any other party makes application for legal aid, the provisions of this Ordinance shall apply to both such parties:
Provided that the Director shall not himself act for either such party but shall assign counsel or solicitor—
(a) in proceedings before the Court of Final Appeal, selected by the Director; or (Amended 79 of 1995 s. 50)
(b) in other proceedings, selected by the aided person, if he so desires, or otherwise by the Director from the panel,
to act for each aided person unless the Director is already acting in any proceedings to which an aided person is a party when such other party makes application for legal aid, in which case the Director may, if in his opinion no conflict of interest or prejudice to any aided person arises, continue so to act. (Amended 14 of 1982 s. 6; 54 of 1984 s. 9)

(2) Where the Director continues to act for an aided person in accordance with the proviso to subsection (1) he shall assign from the panel a solicitor and, additionally or alternatively, counsel to act for the other aided person. (Added 54 of 1984 s. 9)

### Legal Aid Ordinance 《法律援助條例》

13. Endorsement of legal aid certificate
(1) Where a legal aid certificate is granted, the Director may act for the aided person in any proceedings, or part of any proceedings, and the Director may assign counsel or solicitor, to be selected by the aided person, if he so desires, or otherwise selected by the Director, and the Director shall endorse on the legal aid certificate the name of any counsel or solicitor assigned. (Replaced 14 of 1982 s. 7. Amended 54 of 1984 s. 10; 79 of 1995 s. 50)
(2) The Director may, if he is of the opinion that any proceedings are, or may become, of exceptional difficulty or importance, state in the certificate that the aided person should be represented by 2 counsel, one of whom may be leading counsel, in such proceedings.
(3) Counsel or a solicitor selected under subsection (1), whether by the aided person or by the Director, shall be selected from the panel and no leading counsel may be selected by an aided person, except where subsection (2) applies, unless the Director consents thereto. (Added 54 of 1984 s. 10. Amended 26 of 2000 s. 4)

14. Filing of legal aid certificate
(1) The Director shall file the legal aid certificate in the registry of the court—
(a) in which proceedings for which legal aid has been granted have been commenced, as soon as practicable after the issue of the certificate; and
(b) in any other case, upon the commencement of such proceedings in that court,

and no court fee shall be charged upon the filing of such certificate. (Replaced 54 of 1984 s. 11)
(2) Where counsel or solicitor is assigned to act after a legal aid certificate is filed in court, or in any case where a new assignment is made in lieu of counsel or solicitor assigned previously, the Director shall not be required to endorse on the certificate the name of the counsel or solicitor so assigned, or newly assigned, as the case may be, but may, instead, give notice of such assignment or new assignment in writing to the proper officer of the court in which proceedings are pending. (Amended 54 of 1984 s. 11)
(3)-(4) (Repealed 54 of 1984 s. 11)(5) In this section, court (法院) includes the Court of Final Appeal. (Added 79 of 1995 s. 50)

### Legal Aid Ordinance 《法律援助條例》

16. Appeals by aided persons
(1) (Repealed 79 of 1995 s. 50)(2) An aided person who prosecutes any appeal or proceedings in the nature of an appeal (otherwise than an interlocutory appeal), without having filed a legal aid certificate in the court appealed to, shall be deemed for the purposes of this Ordinance not to be an aided person. (Amended E.R. 1 of 2019)
(Replaced 40 of 1989 s. 4)

16A. Appeals to Court of Final Appeal
A person shall not take, defend, oppose, continue or be a party to an appeal to, or an application for leave to appeal to, the Court of Final Appeal as an aided person unless he has been granted a legal aid certificate for that purpose under section 10 or 26A.
(Added 14 of 1982 s. 11. Amended 79 of 1995 s. 50)