Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

First charge

  • 27 Oct 2017

    XY v. DIRECTOR OF LEGAL AID

    Citation
    XY v. DIRECTOR OF LEGAL AID
    Court
    Court of First Instance
    Case number
    HCAA675/2017

    The court held the Family Court lacked jurisdiction to decide the applicability of the DLA first charge and the proper route was appeal under the Ordinance; sums set aside in trust for children in domestic proceedings are recoveries 'for' the aided person within s18A and the proposed payments from the solicitor's trust account were not genuine periodical or secured periodical payments within s18A(5)(b), therefore the Director's first charge applies to the HK$4.25 million and the DLA's refusal to extend the legal aid certificate was lawful.

  • 2 Mar 2017

    TANG WAI LEUNG v. TANG WAI CHO

    Citation
    TANG WAI LEUNG v. TANG WAI CHO
    Court
    Court of First Instance
    Case number
    HCSD7/2016

    The court held that set-off was not available in the present circumstances because the taxed costs in favour of the legally aided party were beneficially held by the Director under LAO (s18A and s19A) and no written direction from the Director or a court order under s18A(4) permitted set-off; the beneficiaries of the competing costs orders differed (DLA v Leung), DLA had already been paid for the period covered by legal aid, and therefore there was no ground to set aside the statutory demand. The court nonetheless recognised that the court retains discretion under s18A(4) to order set-off in…

  • 22 Aug 2014

    IMY (MINOR, BY HIS MOTHER AND NEXT FRIEND, SLT) v. DR LO NI BOON, PETER AND ANOTHER

    Citation
    IMY (MINOR, BY HIS MOTHER AND NEXT FRIEND, SLT) v. DR LO NI BOON, PETER AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1093/2004

    Section 19A(1) of the Legal Aid Ordinance covers taxed/agreed party and party costs and statutory Interest on Costs; upon recovery an assigned solicitor who receives such interest is statutorily obliged to account to the Director, and the Director is entitled to retain recovered interest (to be paid into general revenue) under s19B read with the Public Finance Ordinance; accordingly the summons challenging the Director's entitlement is dismissed and the applicant must account and pay the interest to the Director.