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

10. Legal aid for appellants
Subject to rule 13, in determining an application for legal aid by an appellant the Director shall consider— (L.N. 109 of 2016)
(a) all the circumstances of the case and, in particular, the certificate of counsel assigned to represent him at his trial given under rule 9; and
(b) the financial resources of the appellant, (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.

11. Grant of appeal aid certificate
(1) If the Director is satisfied that the appellant should be granted legal aid, the Director shall—
(a) grant him an appeal 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. 109 of 2016)
(2) An appeal 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 appellant with a copy to the appropriate court in Hong Kong and to solicitor or counsel assigned in accordance with 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》

12. Refusal to grant legal aid to appeal
(1A) This rule shall not apply to proceedings relating to an appeal to, or an application for leave to appeal to, the Court of Final Appeal. (L.N. 122 of 1982; 79 of 1995 s. 50)
(1) If the Director is not satisfied that the appellant should be granted legal aid to appeal, the Director shall refuse the application and shall forward to the Registrar 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. 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) If on an appeal from any conviction, order or determination in respect of or in connexion with any offence, it appears to a judge or, in the case of an appeal to the Court of Appeal, to the court or a judge thereof that an appellant should be granted legal aid notwithstanding that the Director refused his application, the judge or the Court of Appeal may, subject to paragraph (2), grant him an appeal 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 appellant. (L.N. 204 of 1984; L.N. 109 of 2016)

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

13. Legal aid in certain cases
(L.N. 109 of 2016)(1) Notwithstanding anything contained in this Part, where a person—
(a) is committed for trial upon a charge of murder, treason or piracy with violence;
(b) is convicted of a charge of murder, treason or piracy with violence and proposes to appeal therefrom; or
(c) wishes to oppose an appeal to, or an application for leave to appeal to, the Court of Final Appeal in proceedings involving a charge of murder, treason or piracy with violence, (L.N. 122 of 1982; 79 of 1995 s. 50)
the Director may, having considered the financial resources of the accused person or appellant, grant him a legal aid certificate or an appeal aid certificate, as the case may require, and shall do so if his financial resources do not exceed the relevant amounts specified in rule 4. (L.N. 199 of 1992; L.N. 182 of 1993)
(2) The powers of the Director under subparagraphs (a) and (b) of paragraph (1) may be exercised by a judge or, in the case of an appeal to the Court of Appeal, by the Court or a judge of the Court; and, if the Court or the judge thinks fit, the Court or the judge may by order exempt the accused person or appellant from the requirements of Part 3. (L.N. 122 of 1982; E.R. 2 of 2012; E.R. 5 of 2021)
(3) Upon granting a legal aid certificate or an appeal aid certificate under this rule, the Court of Appeal, the judge or the Director shall 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 Court, the judge or the Director thinks fit, to represent the accused person or appellant.
(L.N. 109 of 2016)

13A. Power of Director to make inquiries
Where an application for legal aid is made under rule 4(1)(h), the Director may, before granting an appeal aid certificate, refer the application for legal aid, or any matter arising out of the application, to any counsel or solicitor to investigate the facts and make a report thereon and to give an opinion thereon or on any question of law arising out of the application for legal aid.
(L.N. 122 of 1982; L.N. 36 of 2012)