Legal Aid Ordinance 1966

by Legislative Council of Hong Kong

Layout 2

LEGAL AID ORDINANCE 1966.

ARRANGEMENT OF SECTIONS.

Section.

Page.

PART I. Preliminary.
1.	Short title and commencement ............................................................................................................................................................................................................................................................................................................	A230
2.	Interpretation ............................................................................................................................................................................................................................................................................................................	A230
3.	Appointments ............................................................................................................................................................................................................................................................................................................	A231
4.	Panels of counsel and solicitors ............................................................................................................................................................................................................................................................................................................	A232
PART II. Scope of legal aid.
5.	Proceedings in respect of which legal aid can be granted ............................................................................................................................................................................................................................................................................................................	A232
6.	Scope of legal aid ............................................................................................................................................................................................................................................................................................................	A232
7.	Financial limitations ............................................................................................................................................................................................................................................................................................................	A233
PART III. Applications for legal aid and grant of certificate.
8.	Application for legal aid ............................................................................................................................................................................................................................................................................................................	A233
9.	Power of Director to make inquiries ............................................................................................................................................................................................................................................................................................................	A234
10.	Grant of legal aid certificates ............................................................................................................................................................................................................................................................................................................	A234
11.	Revocation and discharge of certificates ............................................................................................................................................................................................................................................................................................................	A234
12.	Application for aid by more than one party ............................................................................................................................................................................................................................................................................................................	A234
13.	Endorsement of legal aid certificate ............................................................................................................................................................................................................................................................................................................	A235
14.	Filing of legal aid certificate ............................................................................................................................................................................................................................................................................................................	A235
15.	Stay of proceedings upon making of application for legal aid ............................................................................................................................................................................................................................................................................................................	A235
16.	Appeals by aided persons ............................................................................................................................................................................................................................................................................................................	A236
PART IV. Costs and contributions.
17.	Court may order payment of costs by aided person in certain event ............................................................................................................................................................................................................................................................................................................	A237
18.	Contributions by aided person ............................................................................................................................................................................................................................................................................................................	A237
19.	Award of costs ............................................................................................................................................................................................................................................................................................................	A237
20.	Costs of counsel and solicitors ............................................................................................................................................................................................................................................................................................................	A238
21.	Adaptation of rights to indemnity ............................................................................................................................................................................................................................................................................................................	A238
22.	Prohibition against taking fees from aided person ............................................................................................................................................................................................................................................................................................................	A239
PART V. Miscellaneous.
23.	Proceedings for misrepresentations, etc. ............................................................................................................................................................................................................................................................................................................	A239
24.	Privileges attaching to certain relationships ............................................................................................................................................................................................................................................................................................................	A239
25.	Legal aid not to discontinue without leave ............................................................................................................................................................................................................................................................................................................	A240
26.	Appeal from decision of Director ............................................................................................................................................................................................................................................................................................................	A240
27.	Expenses of legal aid ............................................................................................................................................................................................................................................................................................................	A240
28.	Regulations ............................................................................................................................................................................................................................................................................................................	A240
29.	Transitional provisions ............................................................................................................................................................................................................................................................................................................	A243

Schedule.

............................................................................................................................................................................................................................................................................................................

A243

HONG KONG

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No. 36 of 1966.

An Ordinance to make provision for the granting of legal aid in civil actions to persons of limited means and for purposes incidental thereto or connected therewith.

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Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows—

PART I.
Preliminary.

Short title and commencement. 1. This Ordinance may be cited as the Legal Aid Ordinance 1966, and shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette.

Interpretation. 2. In this Ordinance, unless the context otherwise requires—

“aided person” means a person to whom has been granted a legal aid certificate which is still in force and, where such a person is an infant, includes his guardian;

“assignment” and “assigned” include assignment of solicitor or counsel by the Director, selection of solicitor or counsel by an aided person and briefing of counsel by a solicitor;

“counsel” means a person who is enrolled as a barrister on the roll of barristers maintained in accordance with the provisions of the (16 of 1964).Legal Practitioners Ordinance 1964, and who, at the material time, is not suspended from practice;

“court” means any court, tribunal or person in respect of proceedings before which legal aid may be granted;

“Director” means the Director of Legal Aid appointed under the provisions of section 3 and any Deputy Director and Assistant Director of Legal Aid so appointed;

“guardian”, in relation to an infant, includes, without prejudice to the generality of the expression, such person as the Director considers might properly be appointed by the court to be the next friend or guardian ad litem of the infant;

“judge” means a judge of the Supreme Court or the District Court, as the case may be;

“legal aid” means legal aid granted under the provisions of this Ordinance;

“legal aid certificate” means a legal aid certificate granted under section 10;

“order for costs” includes any judgment, order, decree, award or direction for the payment of the costs of one party in the proceedings by another party, whether given or made in those proceedings or not;

“panel” means the appropriate panel maintained in accordance with section 4;

“person” does not include a body of persons corporate or unincorporate so as to authorize legal aid to be granted to such a body;

“solicitor” means a person enrolled on the roll of solicitors maintained in accordance with the provisions of the (16 of 1964).Legal Practitioners Ordinance 1964, and who, at the material time, is not suspended from practice.

Appointments. 3. (1) The Governor may appoint a person to be the Director of Legal Aid and may also appoint such number of Deputy Directors of Legal Aid and Assistant Directors of Legal Aid as he may think fit.

(2) No person shall be appointed to be, or shall act temporarily as, the Director of Legal Aid or a Deputy Director of Legal Aid or an Assistant Director of Legal Aid unless he is legally qualified.

(3) Notwithstanding any provision of any other law, the Director of Legal Aid and every Deputy Director of Legal Aid and every Assistant Director of Legal Aid shall, for the purposes of this Ordinance and when acting for any aided person, have the right to plead and a right of audience in all courts in the Colony.

Panels of counsel and solicitors. 4. (1) The Director shall prepare and maintain panels of counsel and solicitors willing to investigate, report and give an opinion upon applications for the grant of legal aid and to act for aided persons.

(2) The Director shall prepare and maintain such separate panels—

(a) for different purposes;

(b) for different courts;

(c) for counsel and solicitors willing to act only in a limited

number of cases for persons granted legal aid, as may be prescribed.

(3) Any counsel and solicitor shall be entitled to have his name included on the panels or any of them unless the Director is satisfied that there is good reason for excluding him by reason of his conduct when acting or assigned to act for persons receiving legal aid or of his professional conduct generally.

(4) The Director shall not include the name of a counsel or solicitor on any panel unless he is satisfied that such counsel or solicitor has a current practising certificate and shall remove from the panels the name of any counsel or solicitor who does not have a current practising certificate.

(5) Subject to the provisions of subsection (2) of section 25, any counsel or solicitor may at any time request the Director to remove his name from any panel and the Director shall comply with such request.

PART II.
Scope of legal aid.

Proceedings in respect of which legal aid can be granted.
Schedule. 5. (1) The proceedings in connexion with which legal aid may be granted are civil proceedings of the description mentioned in Part I of the Schedule, except proceedings mentioned in Part II of the Schedule.

(2) The Legislative Council may, by resolution, amend the Schedule.

Scope of legal aid. 6. Legal aid shall consist of representation, on the terms provided for by this Ordinance, by the Director or by a solicitor and, so far as necessary, by counsel including all such assistance as is usually given by solicitor or counsel in the steps preliminary or incidental to any proceedings or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings.

Financial limitations. 7. (1) Subject to the provisions of this Ordinance, legal aid shall be available to any person whose disposable income does not exceed five hundred dollars a month:

Provided that a person shall be refused legal aid if he has a disposable capital of more than three thousand dollars.

(2) The Legislative Council may, by resolution, amend the amounts of disposable income and disposable capital specified in subsection (1).

PART III.
Applications for legal aid and grant of certificate.

Application for legal aid. 8. (1) Any person who, whether in his own right or in a representative capacity, wishes to be granted legal aid shall apply therefor to the Director.

(2) Every application for legal aid shall be in such form and accompanied by such statutory declaration, verifying the facts stated in the application, as may be prescribed.

(3) If the person who wishes to be granted legal aid is an infant, the application under this section shall be made on behalf of the infant by his guardian.

(4) Where any application is made on behalf of an infant under the provisions of subsection (3)—

(a) a reference in section 9 or in paragraph (a) of section 10 to an applicant shall be construed as a reference to the guardian and the infant jointly or to either of them severally; and

(b) a reference in paragraph (b) or (c) of section 10 to an applicant shall, in any case where the infant is unmarried and the guardian is a near relative (as defined in subsection (5)) of the infant, be construed as a reference to both the guardian and the infant and in every other case shall be construed as a reference to the infant only.

(5) In subsection (4), the expression “near relative” means—

(a) in the case of a legitimate child, the father or, if the father is dead, the mother;

(b) in the case of an adopted child, an adopting parent;

(c) in the case of an illegitimate child, the mother.

Power of Director to make inquiries. 9. 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 and condition of the applicant and as to the merits of the case;

(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;

(e) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant pending determination of his application;

(f) defray expenses incidental to any of the foregoing matters out of any funds in his control which are available for the purpose.

Grant of legal aid certificates. 10. The Director may grant to the applicant a certificate that the applicant is entitled under the provisions of this Ordinance to legal aid in connexion with any proceedings if he is satisfied—

(a) that the applicant has reasonable grounds for taking, defending or continuing such proceedings or being a party thereto;

(b) that the applicant does not have disposable capital of a total value of more than three thousand dollars or such other amount as may have been substituted therefor by resolution under subsection (2) of section 7; and

(c) that the disposable income of the applicant does not exceed five hundred dollars per month or such other amount as may have been substituted therefor by resolution under subsection (2) of section 7.

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

Application for aid by more than one party. 12. 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 to be selected by the aided person, if he so desires, or otherwise by the Director from the panel to act for each aided person.

Endorsement of legal aid certificate. 13. (1) Where a legal aid certificate is granted, the Director may act for the aided person or may assign counsel or solicitor, to be selected by the aided person if the latter so desires, or otherwise selected by the Director from the panel so to act, and the Director shall, subject to subsection (1) of section 14, endorse on the legal aid certificate the name of any counsel and solicitor so assigned.

(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 two counsel, one of whom may be leading counsel, in such proceedings.

Filing of legal aid certificate. 14. (1) Before taking any other step in the proceedings the Director or the solicitor so assigned shall file the legal aid certificate in the registry of the court in which the proceedings are pending or are to be taken and no court fee shall be charged in respect of the filing of the certificate.

(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 by letter to the proper officer of the court in which proceedings are pending.

(3) Where any legal aid certificate is so filed the aided person shall, for so long as it remains in force—

(a) not be liable in respect of any proceedings to which the certificate relates for court fees or for fees payable for the service of process or for any fees due to the bailiff in connexion with the execution of process;

(b) be entitled to be supplied free of charge with a copy of the judge’s notes of evidence in any proceedings to which the certificate relates: and

(c) not, except where express provision is made in this Ordinance, be liable for costs to any other party in any proceedings to which the certificate relates.

Stay of proceedings upon making of application for legal aid. 15. (1) Where litigation has been instituted and any party makes an application for legal aid, the Director shall, as soon as practicable other parties, and file in the court in which the litigation is pending, a memorandum of such notification and no fee shall be charged in respect of the filing of the memorandum.

(2) Where any memorandum is so filed, then, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this section, be stayed for a period of fourteen days, and during such period (unless otherwise ordered by any such judge) time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run:

Provided, however—

(a) that the filing of the memorandum shall not operate to prevent the making of—

(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; ог

(ii) an order to prevent the lapse of a caveat against dealings with land; or

(iii) any other order which, in the opinion of a judge of the court in which the litigation is pending, is necessary to prevent an irremediable injustice;

(b) that, unless otherwise ordered by a judge of the court in which the litigation is pending, the filing of the memorandum shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any such order as is mentioned in paragraph (a) of this proviso or a decree to the like effect.

(3) The time during which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge of the court in which the litigation is pending.

Appeals by aided persons. 16. (1) Where a legal aid certificate has been filed in any court, and the proceedings to which the certificate relates have been heard in that court, and the aided person desires to prosecute any appeal or proceedings in the nature of an appeal therefrom, he shall not be entitled to prosecute such appeal or proceedings in the nature of an appeal as an aided person unless he files, in the court in which the appeal or proceedings are to be heard, a certificate from the Director or from counsel nominated from the appropriate panel by the Director stating that the Director or such counsel has thoroughly examined the appellant’s case and is of the opinion that the appellant has good grounds of appeal, which grounds, together with the reasons therefor, shall be set out in detail in the certificate.

(2) If any aided person prosecutes any such appeal or proceedings in the nature of an appeal without having filed the certificate referred to in subsection (1) he shall be deemed not to be an aided person.

PART IV.
Costs and contributions.

Court may order payment of costs by aided person in certain event. 17. (1) Where it appears to a court or judge that a legal aid certificate has been obtained by fraud or misrepresentation, the court or judge may order the aided person to pay the costs of the Director and of the counsel and solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.

(2) In subsection (1) a reference to an “aided person” shall include, in any case where the legal aid certificate has been cancelled before the making of the order, the person who immediately before such cancellation was the aided person.

(3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the Director and of the counsel or solicitor who acted for him or the costs of the other party, or the costs of the Director and such counsel and solicitor and such party.

(4) Where an order is made under subsection (1) or subsection (3), the costs shall be taxed as if the party ordered to pay them were not an aided person.

(5) The costs so ordered to be paid shall, unless otherwise directed by the order, include fees and charges of the nature referred to in paragraphs (a) and (b) of subsection (3) of section 14.

Contributions by aided person. 18. (1) An aided person may be required to pay to the Director a contribution towards the sums payable on his account by the Director.

(2) Any contribution payable by an aided person to the Director in accordance with any provision of this Ordinance shall be a debt due to the Director. The amount of such contribution and, if the contribution is less than the net liability of the Director on account of the aided person, a sum equal to the deficiency shall be a first charge for the benefit of the Director on any property which is recovered or preserved for the aided person in the proceedings.

(3) Any contribution payable by an aided person to the Director shall be paid in such manner as may be prescribed.

Award of costs. 19. (1) A court may make an order for costs in favour of or against an aided person in the same manner and to the same extent as it may make an order for costs in favour of or against any other person.

(2) Where a court makes an order for costs against an aided person, or an agreement is entered for the payment of costs by an aided person, there shall be paid by the Director on behalf of the aided person to a party not receiving legal aid or to his solicitor—

(a) the amount of such costs as may be due from the aided person to the party not receiving legal aid, in any case in which the latter party was a defendant or respondent in the proceedings or, in the case of any appeal, was a respondent therein; or

(b) an amount not exceeding the contribution to be paid by the aided person to the Director, after deduction therefrom of any sums payable by the Director on behalf of the aided person, in any other case.

(3) Any sums received by virtue of an order or agreement for costs made in favour of an aided person shall be paid to the Director.

Costs of counsel and solicitors. 20. There shall be paid by the Director to counsel and solicitor acting for an aided person such fees and costs for so acting as may be prescribed.

Adaptation of rights to indemnity. 21. (1) This section shall have effect for the purpose of adapting in relation to this Ordinance any right (however and whenever created or arising) which a person may have to be indemnified against expenses incurred by him.

(2) In determining for the purposes of any such right the reasonableness of any expenses, the possibility of avoiding them or part of them by taking advantage of this Ordinance shall be disregarded.

(3) Where a person having any such right to be indemnified against expenses incurred in connexion with any proceedings receives legal aid in connexion with those proceedings, then (without prejudice to the effect of the indemnity in relation to his contributions, if any, to the Director) the right shall operate also for the benefit of the Director as if the expenses incurred by the Director on behalf of the said person in connexion with the proceedings had been incurred by such person.

(4) Where—

(a) a person’s right to be indemnified against expenses incurred in connexion with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceeding; and

(b) those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity,

the right to be indemnified shall be treated for the purposes of subsection (3) as not being subject to that condition.

(5) Nothing in subsections (3) and (4) shall be taken as depriving any person or body of persons of the protection of any law or, save as provided in subsection (4), as conferring any larger right to recover money for the benefit of the Director in respect of any expenses than the person receiving legal aid would have had if the expenses had been incurred by him.

(6) Where under subsection (3) a person’s right to be indemnified against expenses incurred in connexion with any proceedings operates for the benefit of the Director, any sum recovered for the benefit of the Director shall be deducted from the total of all sums payable by the Director in respect of such proceedings and the balance remaining shall be the maximum recoverable from such person.

Prohibition against taking fees from aided person. 22. 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.

PART V.
Miscellaneous.

Proceedings for misrepresentations, etc. 23. (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 of five thousand dollars and to imprisonment for six months.

(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 two years after the commission of the offence or within six months next after the first discovery thereof by the prosecutor, whichever is the shorter.

Privileges attaching to certain relationships. 24. (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) Notwithstanding anything contained in subsection (1), the privileges therein referred to shall not arise in relation to any information tendered to the Director concerning the property or income of the applicant for a legal aid certificate.

(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.

Legal aid not to discontinue without leave. 25. (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.

Appeal from decision of Director. 26. (1) Any person aggrieved by any order or decision of the Director made under any provision of this Ordinance may appeal therefrom to the Registrar of the Supreme Court in chambers.

(2) An appeal under this section shall be by notice in writing to attend before the Registrar of the Supreme Court without a fresh summons, within seven days of the order or decision complained of, or such further time as may be allowed by the Registrar.

(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.

(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 subsection (3) of section 4, for decision of a judge of the Supreme Court in chambers, in which event the decision of the judge shall be final.

Expenses of legal aid. 27. The expenses of legal aid shall be met by the Director from moneys provided by the Legislative Council.

Regulations. 28. (1) The Governor in Council may make regulations prescribing any matter which by this Ordinance is to be or may be prescribed and generally for the better carrying out of this Ordinance.

(2) Without prejudice to the generality of subsection (1) regulations may—

(a) regulate all matters relating to fees, charges and costs in relation to proceedings to which an aided person is a party;

(b) remit or provide for the remission of any fees or charges in any such proceedings;

(c) make provision as to the information to be given by a person seeking or receiving legal aid;

(d) make provision as to the proceedings which are or are not to be treated as distinct proceedings for the purposes of legal aid and as to the apportionment of sums recoverable or recovered by virtue of any order for costs made generally with respect to proceedings treated as distinct proceedings;

(e) make provision as to the cases in which a person may be refused legal aid by reason of his conduct when seeking or receiving legal aid (whether in the same or in a different matter);

(f) make provision for the recovery of sums due in respect of legal aid and for making effective the charge created by this Ordinance on property recovered or preserved for an aided person, including provision—

(i) for the enforcement of any order or agreement for costs made in favour of a person who has received legal aid; and

(ii) for making counsel or solicitor’s right to payment wholly or partly dependent on his performance of any duties imposed on him by regulations made for the purposes of this paragraph;

(g) make any provision necessary to meet the special circumstances where—

(i) a person seeks legal aid in a matter of special urgency;

(ii) a person begins to receive legal aid after having consulted counsel or solicitor in the ordinary way with respect to the same matter, or ceases to receive legal aid before the matter in question is finally settled; and

(iii) there is any relevant change of circumstances while a person is receiving legal aid;

(h) make provision as to the manner in which the rate of a person’s disposable income and the amount of his disposable capital are to be computed for the purpose of this Ordinance and the court, person or authority by whom such computation shall be made;

(i) determine whether any resources are to be treated as disposable income or disposable capital and for taking into account fluctuations of income:

(j) determine the contribution towards costs and expenses to be made by an aided person;

(k) ensure that the resources of a person seeking or receiving legal aid shall not be treated as including the subject matter of the dispute;

(l) determine the extent to which any resources of a person’s husband or wife shall be treated as that person’s resources for the purpose of this Ordinance;

(m) provide, in relation to infants and other special cases, for taking into account the resources of other persons;

(n) prescribe the extent and limit of the liability for costs of an aided person against whom an order for costs is made;

(o) prescribe the scale of fees which shall be paid to a solicitor or counsel submitting a report or opinion under section 9 or a certificate under section 16;

(p) prescribe the scale of fees and costs which shall be paid to a solicitor or counsel acting for an aided person;

(q) provide for the cases in which and the extent to which an aided person may be required to give security for costs and the manner in which it may be given;

(r) modify any provision of this Ordinance so far as it appears to be necessary to meet the circumstances where a person seeking or receiving legal aid—

(i) is not resident in Hong Kong;

(ii) is concerned in a representative, fiduciary or other capacity;

(iii) is concerned jointly with or has the same interest as other persons whether receiving legal aid or not; or

(iv) has available to him rights and facilities making it unnecessary for him to take advantage of this Ordinance or has a reasonable expectation of receiving financial or other help from a body of which he is a member;

(s) provide for the application of this Ordinance in relation to persons who have applied to be admitted or who have or might have been admitted to take, defend or be a party to any proceedings as paupers;

(t) prescribe any forms to be used under this Ordinance.

(3) The regulations may apply generally to all legal matters, whether relating to proceedings in court or otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than matters or proceedings of a specified class.

Transitional provisions. 29. (1) Subject to the provisions of this Ordinance, no person shall, after the commencement of this Ordinance, be admitted to take, defend or be a party to any proceedings as a pauper.

(2) Notwithstanding any other provision of this Ordinance, legal aid shall not be available to any person in respect of any cause of action which arose before the commencement of this Ordinance, except to a person who has before the commencement of this Ordinance applied to be admitted or been admitted to take, defend or be a party to any proceedings as a pauper or who would, in the opinion of the Director, have been so admitted if he had applied before such commencement.

Proceedings for which legal aid may be given under section 5.

PART I.
Description of proceedings.

1. Civil proceedings in any of the following courts—

(a) Full Court;

(b) Supreme Court;

(c) District Court.

2. Civil proceedings before any person to whom a case is referred in whole or in part by any of the said courts.

PART II.
Excepted proceedings.

1. Proceedings wholly or partly in respect of—

(a) defamation;

(b) breach of promise of marriage;

(c) the loss of services of a woman or girl in consequence of her rape or seduction;

(d) the inducement of one spouse to leave or remain apart from the other.

2. Relator actions.

3. Proceedings for the recovery of a penalty where the proceedings may be taken by any person and the whole or part of the penalty is payable to the person taking the proceedings.

4. Election petitions under the (14 of 1955).Urban Council Ordinance 1955.

5. In the District Court, in the case of a defendant, proceedings where the only question to be brought before the court is as to the time and mode of payment by him of debt (including liquidated damages) and costs.

6. In the District Court, proceedings for damages for assault and battery.

7. In the District Court, proceedings where the only question to be brought before the court is as to the payment of a debt not exceeding five hundred dollars.

8. Proceedings incidental to any proceedings mentioned in this Part of this Schedule.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 23rd day of November, 1966, and is found by me to be a true and correctly printed copy of the said Bill.

D. Barton,
Deputy Clerk of Councils.