Cap. 221 sub. leg. D

Legal Aid in Criminal Cases Rules(Cap. 221, section 9A) [1 January 1970] L.N. 176 of 1969(Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. Citation These rules may be cited as the Legal Aid in Criminal Cases Rules. 2. Interpretation (1) In these rules, unless the context otherwise requires—aided person (受助人) means a person who has been granted a legal aid certificate or an appeal aid certificate;appeal aid certificate (上訴援助證書) means an appeal aid certificate granted under rule 10, 11, 12 or 13;appellant (上訴人) means a person referred to in rule 4(1)(c), (f) or (h); (L.N. 122 of 1982; L.N. 36 of 2012)counsel (大律師) means a person who is enrolled as a barrister on the roll of barristers maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap. 159), and who, at the material time, is not suspended from practice; (L.N. 122 of 1982; 79 of 1995 s. 50)Director (署長) means the Director of Legal Aid appointed under section 3 of the Legal Aid Ordinance (Cap. 91) and any Deputy Director of Legal Aid, Assistant Director of Legal Aid and Legal Aid Officer so appointed; (24 of 1983 s. 7; L.N. 204 of 1984)disposable capital (可動用資產), in relation to an applicant for legal aid, means his capital as assessed under rule 15;disposable income (可動用收入), in relation to an applicant for legal aid, means his income as assessed under rule 15;financial resources (財務資源) means the financial resources of an aided person assessed in accordance with the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B); (L.N. 199 of 1992)legal aid (法律援助) means representation, as provided by these rules, by counsel or solicitor or both;legal aid certificate (法律援助證書) means a legal aid certificate granted under rule 6, 7, 8 or 13;Registrar (司法常務官) means the Registrar of the High Court and, for the purposes of any proceedings before the Court of Final Appeal, includes the Registrar of the Court of Final Appeal; (L.N. 122 of 1982; 79 of 1995 s. 50; 25 of 1998 s. 2)solicitor (律師) means a person enrolled on the roll of solicitors maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap. 159), and who, at the material time, is not suspended from practice. (L.N. 122 of 1982; 79 of 1995 s. 50)(79 of 1995 s. 50)(2) In these rules—(a) references to counsel or solicitor shall be read as including references to the Director if, under rule 14, he is representing an accused person or appellant;(b) (Repealed L.N. 199 of 1992)(ba) any references to an appeal to the Court of First Instance includes any opposition to such an appeal; (L.N. 36 of 2012)(bb) any references to an appeal to the Court of Appeal includes proceedings before the Court of Appeal under Part IV of the Ordinance and proceedings before the Court of Appeal under section 84 of the District Court Ordinance (Cap. 336), and any references to such an appeal includes any opposition to the appeal; (L.N. 36 of 2012)(c) any references to an appeal to, or an application for leave to appeal to, the Court of Final Appeal shall include any opposition to such an appeal or application. (L.N. 122 of 1982; 79 of 1995 s. 50; L.N. 36 of 2012)(3) In these rules, in any case to which rule 4(1)(ca) applies—(a) the prescribed prisoner referred to in that rule shall be regarded as included in any reference to accused person or accused persons or to appellant or appellants, as the case may be; and (b) the provisions of these rules shall apply to such case with such modifications as the circumstances require, and, without limiting the generality of the foregoing—(i) rule 9(a) shall be read as if the reference to “convicted” were a reference to the subject of a determination under section 67C of the Ordinance, and the reference to “his conviction or sentence or both” were a reference to such determination under that section;(ii) rule 10(a) shall be read as if it referred also to the certificate of solicitor or counsel assigned to represent the prescribed prisoner in question in the proceedings instituted under section 67C of the Ordinance as given under rule 9(a) (as read in accordance with sub-subparagraph (i)); and(iii) rule 21(4)(a) and items 1, 5A and 7 in the Table of Fees in Part 2 of the Schedule are to be read as if any reference to “the trial” or “any trial” were a reference to the proceedings instituted under section 67C of the Ordinance. (L.N. 36 of 2012; L.N. 109 of 2016) 3. Panels of counsel and solicitors (1) The Director shall prepare and maintain separate panels of counsel and solicitors enrolled on the rolls of barristers and solicitors maintained in accordance with the provisions of the Legal Practitioners Ordinance (Cap. 159) who are willing to act for aided persons. (L.N. 122 of 1982; L.N. 323 of 1983)(2) (Repealed L.N. 323 of 1983)(3) The Director shall enter in the appropriate panel any limitation as to the number per annum and as to the type of proceedings in which a counsel or solicitor is prepared to act for aided persons and shall give effect to such limitation.(4) Any counsel or solicitor shall be entitled to have his name included on the appropriate panel, 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. (L.N. 323 of 1983)(5) The Director shall not include the name of a counsel or solicitor on a panel unless he is satisfied that such counsel or solicitor has a practising certificate, and shall remove from the panel the name of any counsel or solicitor who does not have a practising certificate. (L.N. 323 of 1983)(6) To avoid doubt, if a solicitor is assigned to an aided person for the purpose of any proceedings, any other solicitor in the same firm as the solicitor assigned may act for the aided person; however, this paragraph does not apply to the assignment of a solicitor described in item 5A, 5B, 5C, 5D, 6, 17 or 19 in the Table of Fees in Part 2 of the Schedule unless the Director gives prior consent. (L.N. 36 of 2012; L.N. 109 of 2016)(7) Subject to paragraph (8), a counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.(8) Nothing in this rule shall prejudice the right of counsel or solicitor to refuse, or to give up, a case on reasonable grounds.(9) Subject to paragraph (7), a counsel or solicitor may at any time request the Director to remove his name from a panel, and the Director shall comply with such request. (L.N. 323 of 1983)(10) In this rule—practising certificate (執業證書) means a practising certificate in force under section 6 or 30 of the Legal Practitioners Ordinance (Cap. 159).(11) Any counsel or solicitor who was entered on a panel maintained for the purposes of this rule prior to the commencement# of the Legal Aid in Criminal Cases (Amendment) Rules 1983 (L.N. 323 of 1983) shall be deemed to be entered on the appropriate panel maintained under this rule upon such commencement: Provided that any such counsel or solicitor may request that an entry be made under paragraph (3) limiting the type of proceedings in which he is prepared to act by excluding therefrom any type of proceedings in which he had not indicated willingness to act prior to such commencement, and the Director shall comply with any such request. (L.N. 323 of 1983) Editorial Note: # Commencement date: 15 September 1983. Part 2 Grant of Legal Aid 4. Legal aid for accused persons and appellants (1) Subject to any requirement to make contributions under Part 3— (L.N. 204 of 1984; E.R. 2 of 2012)(a) an accused person committed for trial before the Court of First Instance may be granted legal aid under these rules for the preparation and conduct of his defence and for any plea arising from the indictment; (25 of 1998 s. 2)(aa) an accused person in respect of whom proceedings have been transferred to the Court of First Instance under section 4 of the Complex Commercial Crimes Ordinance (Cap. 394) may be granted legal aid under these rules for the preparation and conduct of his defence including any application for discharge under section 22 of that Ordinance and any appeal arising therefrom; (57 of 1988 s. 33; 25 of 1998 s. 2)(b) a person charged before the District Court with any offence may be granted legal aid under these rules for the preparation and conduct of his defence and for any plea arising from the charge sheet; (L.N. 70 of 1973; L.N. 64 of 1978)(c) a person who is or was charged before the Court of First Instance or the District Court with any offence (whether or not the person has been convicted of any offence) may be granted legal aid under these rules for— (L.N. 35 of 2012)(i) any appeal to the Court of Appeal arising out of or connected with the charge; and (L.N. 35 of 2012)(ii) any proceedings preliminary or incidental to the appeal; (L.N. 36 of 2012)(ca) a prescribed prisoner within the meaning of section 67C of the Ordinance may be granted legal aid under these rules for the purposes of any proceedings instituted under that section and any appeal or other proceedings arising therefrom or preliminary or incidental thereto; (22 of 2004 s. 4)(d)-(e) (Repealed L.N. 36 of 2012)(f) a person who is or was charged before a magistrate with any offence (whether or not the person has been convicted of any offence), or who is aggrieved by an order or determination of a magistrate in respect of or in connection with any offence, may be granted legal aid under these rules for— (L.N. 35 of 2012)(i) any appeal to the Court of First Instance arising out of or connected with the charge; and (L.N. 35 of 2012)(ii) any proceedings preliminary or incidental to the appeal; (L.N. 36 of 2012)(g) (Repealed L.N. 36 of 2012)(h) a person who is or was charged with any offence (whether or not the person has been convicted of any offence) may be granted legal aid under these rules for— (L.N. 35 of 2012)(i) any appeal to, or any application for leave to appeal to, the Court of Final Appeal arising out of or connected with the charge; and (L.N. 35 of 2012)(ii) any proceedings preliminary or incidental to the appeal or application for leave to appeal; (L.N. 36 of 2012)(i) (Repealed L.N. 182 of 1993)(j) an accused person in respect of whom a magistrate has appointed a return day for the continuation of committal proceedings may be granted legal aid under these rules for the preparation and conduct of his defence including any application for discharge under section 16 and any appeal arising therefrom; (48 of 1983 s. 5; L.N. 204 of 1984)(k) a person ordered to appear before the Court of First Instance or the District Court to be dealt with under the Community Service Orders Ordinance (Cap. 378) may be granted legal aid under these rules for the purpose of the proceedings; (L.N. 115 of 1985; L.N. 157 of 1986; 25 of 1998 s. 2)(l) a person who is to be dealt with by a judge of the District Court under section 20 or 21 of the District Court Ordinance (Cap. 336) may be granted legal aid under these rules for the purpose of the proceedings, (L.N. 115 of 1985; L.N. 157 of 1986) if the Director is satisfied that his financial resources do not exceed the limits specified in section 5 of the Legal Aid Ordinance (Cap. 91) in relation to the grant of legal aid under that Ordinance. (L.N. 427 of 1982; L.N. 323 of 1983; L.N. 115 of 1985; L.N. 199 of 1992)(2) Where a person has been granted legal aid for any matter specified in paragraph (1) he may also be granted legal aid for any proceedings arising out of or connected with such matter, including any application for bail or an appeal against refusal to grant bail. (L.N. 204 of 1984)(3) Where an accused person has been granted legal aid under paragraph (1)(a), (b) or (j) and a letter of request has been issued by the Court of First Instance under section 77E of the Evidence Ordinance (Cap. 8) addressed to a court or tribunal exercising jurisdiction in a place outside Hong Kong, he may also be granted legal aid for any proceedings in that court or tribunal in connection with the letter of request. (L.N. 157 of 1986; 25 of 1998 s. 2) 5. Application for legal aid An application for legal aid under rule 4 shall be made to the Director in such manner and form as the Director may require.(L.N. 199 of 1992) 6. Consideration of application for legal aid Subject to rule 13, in determining an application for legal aid by an accused person the Director shall consider— (L.N. 109 of 2016)(a) all the circumstances of the case and, in particular, any recommendation of the committing magistrate; and(b) the financial resources of the accused person, (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. 7. Grant of legal aid certificate (1) Where the Director is satisfied that the accused person should be granted legal aid, the Director shall—(a) grant him a legal 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. 323 of 1983; L.N. 109 of 2016)(1A) Where an accused person has been granted legal aid under rule 4(3), the Director shall engage, for the purpose of representing the accused person in the court or tribunal referred to in that rule, the services of 1 or, if the Director thinks fit, more than 1 lawyer who is or are, as the case may be— (E.R. 5 of 2021)(a) qualified to represent the accused person in such court or tribunal; and(b) not suspended from practice before such court or tribunal. (L.N. 157 of 1986)(2) A legal 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 accused person with a copy to the appropriate court in Hong Kong and to solicitor or counsel assigned under these rules. (L.N. 70 of 1973; L.N. 122 of 1982) 8. Refusal to grant legal aid (1) Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the appropriate court in Hong Kong 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. 122 of 1982; 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) Except in relation to an appeal to the Court of Final Appeal or an application to the Court of Final Appeal for leave to make such an appeal, where it appears to a judge or District Judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge or District Judge may, subject to paragraph (2), grant him a legal 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 accused person. (L.N. 122 of 1982; L.N. 323 of 1983; 79 of 1995 s. 50; L.N. 109 of 2016) 9. Duty of solicitor or counsel assigned It shall be the duty of solicitor or counsel assigned to an accused person under these rules—(a) if the accused person is convicted, to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, settling those grounds; and (L.N. 204 of 1984)(b) if the accused person proposes to appeal, to give notice of appeal or of an application for leave to appeal and to attend to any matter preliminary thereto. 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) 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) 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 for a specified offence;(b) is convicted of a specified offence 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 specified offence, (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; 6 of 2024 s. 149)(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.(4) In this rule—specified offence (指明罪行) means—(a) an offence endangering national security the maximum penalty for which is life imprisonment;(b) murder; or(c) an offence under section 19 of the Crimes Ordinance (Cap. 200). (6 of 2024 s. 149)(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) 14. Director may represent aided person The Director may, in lieu of assigning solicitor or counsel to an accused person or appellant under these rules, represent the accused person or appellant. 14A. Power to discharge certificates (1) The Director may, if he is satisfied that it is desirable in the interests of justice, discharge a legal aid certificate or an appeal aid certificate.(2) Except in proceedings relating to appeals to, or applications for leave to appeal to, the Court of Final Appeal, the powers of the Director under paragraph (1) may be exercised by a judge or District Judge or, in the case of an appeal to the Court of Appeal, by the court or a judge thereof. (L.N. 122 of 1982; 79 of 1995 s. 50)(L.N. 70 of 1973) 14B. Refusal of legal aid in Court of Final Appeal appeals (1) If the Director is not satisfied that an appellant should be granted legal aid to appeal to, or to apply for leave to appeal to, the Court of Final Appeal, the Director shall refuse the application and inform the appellant in writing of the refusal.(2) An appellant aggrieved by a decision of the Director under paragraph (1) or his decision to discharge an appeal aid certificate granted in respect of an appeal to, or an application for leave to appeal to, the Court of Final Appeal may bring the decision on review before the committee mentioned in section 26A of the Legal Aid Ordinance (Cap. 91) and the provisions of that section shall apply to a review under this rule.(L.N. 122 of 1982; 79 of 1995 s. 50) Part 3 Assessment of Contributions 15. Assessment of financial resources (1) Subject to paragraph (2) the Director shall assess the financial resources of each applicant for legal aid in accordance with the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B) as if the applicant were a person applying for legal aid under the Legal Aid Ordinance (Cap. 91), and those regulations shall apply accordingly. (L.N. 115 of 1985; L.N. 199 of 1992; E.R. 2 of 2012)(2) The Director may, if he is satisfied that it is desirable in the interests of justice, grant a legal aid certificate or an appeal aid certificate to an applicant notwithstanding that on an assessment under paragraph (1) he determines that the applicant’s financial resources, in the case of legal aid to which section 5 of the Legal Aid Ordinance (Cap. 91) applies, exceed the amount specified in that section. (L.N. 199 of 1992) 16. Contributions by aided persons (1) Subject to rule 13, the Director may require an aided person to pay to him a contribution towards the sums payable on his account by the Director.(2) The amount of any contribution required to be paid under paragraph (1) shall—(a) be calculated in accordance with Part 1 of Schedule 3 to the Legal Aid (Assessment of Resources and Contributions) Regulations (Cap. 91 sub. leg. B) as if the aided person required to pay the contribution had been granted legal aid under the Legal Aid Ordinance (Cap. 91); (L.N. 115 of 1985; L.N. 360 of 1995; L.N. 488 of 1995; E.R. 1 of 2013)(b) be a debt due to the Director payable in a lump sum or by instalments on such day or within such periods as the Director may determine.(3) (Repealed L.N. 360 of 1995)(L.N. 427 of 1982) 17. Effect of grant of legal aid On the issue of a legal aid certificate—(a) counsel or a solicitor retained by or on behalf of the aided person before the issue of the legal aid certificate shall not withdraw from the proceedings without the leave of a judge after the issue of the legal aid certificate;(b) the Director shall set off the amount received by the counsel or solicitor prior to the issue of the legal aid certificate in assessing the fees payable to the counsel and solicitor.(L.N. 360 of 1995) 18. Excess contributions to be repaid to aided person If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him. Part 4 Miscellaneous 19. Committing magistrate to inform accused of his right to apply for legal aid (1) (Repealed L.N. 323 of 1983)(2) Upon transferring a charge or complaint to the District Court under Part IV of the Magistrates Ordinance (Cap. 227) the magistrate shall inform the accused person of his right to apply for legal aid. (L.N. 64 of 1978) 20. Copies of transcripts Solicitor or counsel assigned to an accused person or to an appellant under these rules shall be entitled upon application to receive free of charge from the appropriate court in Hong Kong a copy of the transcript of the proceedings or of the depositions, including documentary exhibits, if any, in the case. (L.N. 157 of 1986) 21. Solicitor and counsel fees (1) The fees payable to a solicitor or counsel described in column 2 of the Table of Fees in Part 2 of the Schedule is to be determined by the Director having regard to the work reasonably expected to be done or work actually and reasonably done and, subject to this rule and Part 1 of that Schedule, in accordance with the corresponding paragraph or paragraphs in column 3 of that Table. (L.N. 36 of 2012)(2)-(3) (Repealed L.N. 36 of 2012)(4) In addition to the fees payable under paragraph (1), there shall be payable to a solicitor—(a) expenses actually and reasonably incurred by himself and his clerk in travelling to or from the court and to and from any place visited for the purpose of preparing or conducting any trial or appeal; and(b) any other out-of-pocket expenses actually and reasonably incurred.(5)-(6) (Repealed L.N. 36 of 2012)(7) A claim for fees shall be submitted to the Director in such form and manner as he shall require. (L.N. 87 of 1990)(8) The Director may re-determine the fees determined under this rule in accordance with items 1(a) and (b)(i) and (ii), 2(a) and (b)(i) and (ii), 3(a) and (b)(i) and (ii), 4(a) and (b)(i) and (ii), 5(a) and (b)(i) and (ii), 5A(a)(i) and (ii), 5B(a)(i) and (ii), 5C(a)(i) and (ii), 5D(a)(i) and (ii), 6(a)(i) and (ii), 7(a)(i) and (ii), 8(a)(i) and (ii), 9(a)(i) and (ii), 10(a)(i) and (ii) and 11(a)(i) and (ii) in the Table of Fees in Part 2 of the Schedule, payable to a solicitor or counsel (other than Senior Counsel), in circumstances that the Director considers appropriate having regard to any change in the work reasonably expected to be done or work actually and reasonably done, and in accordance with the following rates— (L.N. 109 of 2016)(a) in respect of proceedings in the District Court—(i) for a solicitor acting as an instructing solicitor, $970 per hour in the case of item 5(a) and (b)(i) and (ii) in that Table;(ii) for a solicitor acting as an advocate as well as an instructing solicitor, $2,080 per hour in the case of item 6(a)(i) and (ii) in that Table; and(iii) for counsel (other than Senior Counsel), $1,830 per hour in the case of item 11(a)(i) and (ii) in that Table;(b) in respect of proceedings in the Court of First Instance—(i) for a solicitor acting as an instructing solicitor, $1,170 per hour in the case of item 1(a) and (b)(i) and (ii) or 2(a) and (b)(i) and (ii) in that Table;(ia) for a solicitor with higher rights of audience acting as an advocate as well as an instructing solicitor, $2,530 per hour in the case of item 5A(a)(i) and (ii) or 5B(a)(i) and (ii) in that Table; and (L.N. 109 of 2016)(ii) for counsel (other than Senior Counsel), $2,240 per hour in the case of item 7(a)(i) and (ii) or 8(a)(i) and (ii) in that Table;(c) in respect of proceedings in the Court of Appeal—(i) for a solicitor acting as an instructing solicitor, $1,580 per hour in the case of item 3(a) and (b)(i) and (ii) or 4(a) and (b)(i) and (ii) in that Table;(ia) for a solicitor with higher rights of audience acting as an advocate as well as an instructing solicitor, $2,530 per hour in the case of item 5C(a)(i) and (ii) or 5D(a)(i) and (ii) in that Table; and (L.N. 109 of 2016)(ii) for counsel (other than Senior Counsel), $2,240 per hour in the case of item 9(a)(i) and (ii) or 10(a)(i) and (ii) in that Table. (L.N. 36 of 2012; L.N. 193 of 2013; L.N. 109 of 2016; L.N. 185 of 2017; L.N. 133 of 2020; L.N. 231 of 2021; L.N. 34 of 2023; L.N. 192 of 2024) 22. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2016 (1) In this rule—amending Rules (《修訂規則》) means the Legal Aid in Criminal Cases (Amendment) Rules 2016 (L.N. 109 of 2016); (E.R. 5 of 2021)*commencement date (生效日期) means the date on which the amending Rules come into operation.(2) If a solicitor or counsel is assigned to an aided person under these rules before the commencement date, these rules as in force immediately before the commencement date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.(L.N. 109 of 2016) Editorial Note: * Commencement date: 14 November 2016. 23. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2017 (1) In this rule—amending Rules (《修訂規則》) means the Legal Aid in Criminal Cases (Amendment) Rules 2017 (L.N. 185 of 2017); (E.R. 5 of 2021)*commencement date (生效日期) means the date on which the amending Rules come into operation.(2) If a solicitor or counsel is assigned to an aided person under these rules before the commencement date, these rules as in force immediately before the commencement date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.(L.N. 185 of 2017) Editorial Note: * Commencement date: 3 April 2018. 24. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2020 If a solicitor or counsel is assigned to an aided person under these rules before 20 July 2020, these rules as in force immediately before that date continue to apply to the solicitor or counsel in respect of the assignment as if the Legal Aid in Criminal Cases (Amendment) Rules 2020 (L.N. 133 of 2020) had not been made.(L.N. 133 of 2020; E.R. 5 of 2021) 25. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2021 If a solicitor or counsel is assigned to an aided person under these rules before the date* on which the Legal Aid in Criminal Cases (Amendment) Rules 2021 (L.N. 231 of 2021) (amending Rules) come into operation, these rules as in force immediately before that date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.(L.N. 231 of 2021; E.R. 4 of 2023) Editorial Note: * Operation date: 8 October 2021. 26. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2023 If a solicitor or counsel is assigned to an aided person under these rules before the date* on which the Legal Aid in Criminal Cases (Amendment) Rules 2023 (L.N. 34 of 2023) (amending Rules) come into operation, these rules as in force immediately before that date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.(L.N. 34 of 2023; E.R. 4 of 2023) Editorial Note: * Operation date: 17 March 2023. 27. Transitional provision—Legal Aid in Criminal Cases (Amendment) Rules 2024 If a solicitor or counsel is assigned to an aided person under these rules before the date* on which the Legal Aid in Criminal Cases (Amendment) Rules 2024 (amending Rules) come into operation, these rules as in force immediately before that date continue to apply to the solicitor or counsel in respect of the assignment as if the amending Rules had not been made.(L.N. 192 of 2024) Editorial Note: * Operation date: 13 December 2024. Schedule [rr. 2, 3 & 21]Solicitor and Counsel Fees Part 1 Preliminary 1. In the Table of Fees in Part 2—bundles (文件冊) means the trial or appeal bundles prepared by the prosecution or the court for an aided person’s case;conference (會議) does not include a conference held on a day on which there is court attendance by the relevant solicitor or counsel for the relevant case;solicitor or counsel (律師或大律師), in relation to item 21 in the Table of Fees in Part 2, includes a solicitor, counsel or person entitled to practise the law of a jurisdiction outside Hong Kong. 2. In the Table of Fees in Part 2, if a fee is payable on a time basis, the time reasonably and properly required for the relevant work is to be assessed by the Director. 3. To avoid doubt, if a solicitor or counsel (other than Senior Counsel) represents 2 or more accused persons or 2 or more appellants to whom the solicitor or counsel has been assigned under these rules and whose trials, pleas, sentences, appeals or other proceedings are heard together (whether in the same case or 2 or more cases grouped together), the fees described in the following items in the Table of Fees in Part 2 are to be payable in respect of 1 accused person or 1 appellant only, but subject to an increase of 10% for each additional accused person or appellant so represented up to a maximum of 50% if 6 or more accused persons or appellants are so represented—(a) item 1(d) and (e);(b) item 2(d) and (e);(c) item 3(d) and (e);(d) item 4(d) and (e);(e) item 5(d) and (e);(ea) item 5A(b)(i) and (ii) and (c); (L.N. 109 of 2016)(eb) item 5B(b)(i) and (ii) and (c); (L.N. 109 of 2016)(ec) item 5C(b)(i) and (ii) and (c); (L.N. 109 of 2016)(ed) item 5D(b)(i) and (ii) and (c); (L.N. 109 of 2016)(f) item 6(b)(i) and (ii) and (c);(g) item 7(b) and (c);(h) item 8(b) and (c);(i) item 9(b) and (c);(j) item 10(b) and (c);(k) item 11(b) and (c);(l) item 17(a) and (b);(m) item 18(a) and (b);(n) item 19(a) and (b). Part 2 Table of Fees Column 1Item Column 2 Solicitor or counsel Column 3Fee 1. Solicitor assigned under a legal aid certificate to act as an instructing solicitor in respect of proceedings in the Court of First Instance (a) A fee for reading bundles at the rate of $1,170 per hour. (b) (i) A fee of $4,770 for preparation (other than the work described in paragraphs (a), (c) and (e)). (ii) Additionally, if more than 4 hours are required for the preparation, a fee at the rate of $4,770 per unit for every additional 4-hour unit (or part of it). (c) A fee for conferences with counsel (including time for travelling to and from conference venues and waiting time) approved by the Director at the rate of $1,170 per hour. (d) A fee of $9,610 for every day of attendance at the Court of First Instance for the trial, plea or sentence (irrespective of the duration of the hearing on any day). (e) A fee for attendance at the Court of First Instance (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper. 2. Solicitor assigned under an appeal aid certificate to act as an instructing solicitor in respect of an appeal from a magistrate to the Court of First Instance (a) A fee for reading bundles at the rate of $1,170 per hour. (b) (i) A fee of $4,770 for preparation (other than the work described in paragraphs (a), (c) and (e)). (ii) Additionally, if more than 4 hours are required for the preparation, a fee at the rate of $4,770 per unit for every additional 4-hour unit (or part of it). (c) A fee for conferences with counsel (including time for travelling to and from conference venues and waiting time) approved by the Director at the rate of $1,170 per hour. (d) A fee of $9,610 for every day of attendance at the Court of First Instance for the appeal hearing (irrespective of the duration of the hearing on any day). (e) A fee for attendance at the Court of First Instance (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 3. Solicitor assigned under an appeal aid certificate to act as an instructing solicitor in respect of an appeal from the Court of First Instance to the Court of Appeal, or in respect of an appeal, or any point in an appeal, reserved to be considered by or directed to be argued before the Court of Appeal under section 118 of the Magistrates Ordinance (Cap. 227) (a) A fee for reading bundles at the rate of $1,580 per hour. (b) (i) A fee of $6,490 for preparation (other than the work described in paragraphs (a), (c) and (e)). (ii) Additionally, if more than 4 hours are required for the preparation, a fee at the rate of $6,490 per unit for every additional 4-hour unit (or part of it). (c) A fee for conferences with counsel (including time for travelling to and from conference venues and waiting time) approved by the Director at the rate of $1,580 per hour. (d) A fee of $13,030 for every day of attendance at the Court of Appeal for the appeal hearing (irrespective of the duration of the hearing on any day). (e) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 4. Solicitor assigned under an appeal aid certificate to act as an instructing solicitor in respect of an appeal from the District Court to the Court of Appeal (a) A fee for reading bundles at the rate of $1,580 per hour. (b) (i) A fee of $6,490 for preparation (other than the work described in paragraphs (a), (c) and (e)). (ii) Additionally, if more than 4 hours are required for the preparation, a fee at the rate of $6,490 per unit for every additional 4-hour unit (or part of it). (c) A fee for conferences with counsel (including time for travelling to and from conference venues and waiting time) approved by the Director at the rate of $1,580 per hour. (d) A fee of $13,030 for every day of attendance at the Court of Appeal for the appeal hearing (irrespective of the duration of the hearing on any day). (e) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 5. Solicitor assigned under a legal aid certificate to act as an instructing solicitor in respect of proceedings in the District Court (a) A fee for reading bundles at the rate of $970 per hour. (b) (i) A fee of $4,050 for preparation (other than the work described in paragraphs (a), (c) and (e)). (ii) Additionally, if more than 4 hours are required for the preparation, a fee at the rate of $4,050 per unit for every additional 4-hour unit (or part of it). (c) A fee for conferences with counsel (including time for travelling to and from conference venues and waiting time) approved by the Director at the rate of $970 per hour. (d) A fee of $8,140 for every day of attendance at the District Court for the trial, plea or sentence (irrespective of the duration of the hearing on any day). (e) A fee for attendance at the District Court (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper. 5A. Solicitor with higher rights of audience assigned under a legal aid certificate to act as an advocate as well as an instructing solicitor in respect of proceedings in the Court of First Instance (a) (i) A fee not exceeding $25,240 for preparation (other than the work described in paragraph (c)) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $10,210 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) Irrespective of the duration of the hearing on any day— (i) a fee not exceeding $25,240 for attendance at the Court of First Instance for the trial, plea or sentence that appears to the Director to be reasonable and proper; and (ii) additionally, if the trial, plea or sentence is not concluded on the day on which it started, a fee not exceeding $27,990 for every subsequent day that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of First Instance (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper.(L.N. 109 of 2016) 5B. Solicitor with higher rights of audience assigned under an appeal aid certificate to act as an advocate as well as an instructing solicitor in respect of an appeal from a magistrate to the Court of First Instance (a) (i) A fee not exceeding $25,240 for preparation (other than the work described in paragraph (c)) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $10,210 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) Irrespective of the duration of the appeal hearing on any day— (i) a fee not exceeding $25,240 for attendance at the Court of First Instance for the appeal hearing that appears to the Director to be reasonable and proper; and (ii) additionally, if the appeal hearing is not concluded on the day on which it started, a fee not exceeding $27,990 for every subsequent day that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of First Instance (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. (L.N. 109 of 2016) 5C. Solicitor with higher rights of audience assigned under an appeal aid certificate to act as an advocate as well as an instructing solicitor in respect of an appeal from the Court of First Instance to the Court of Appeal (a) (i) A fee not exceeding $33,670 for preparation (other than the work described in paragraph (c)) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $10,210 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) Irrespective of the duration of the appeal hearing on any day— (i) a fee not exceeding $33,670 for attendance at the Court of Appeal for the appeal hearing that appears to the Director to be reasonable and proper; and (ii) additionally, if the appeal hearing is not concluded on the day on which it started, a fee not exceeding $37,340 for every subsequent day that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper.(L.N. 109 of 2016) 5D. Solicitor with higher rights of audience assigned under an appeal aid certificate to act as an advocate as well as an instructing solicitor in respect of an appeal from the District Court to the Court of Appeal (a) (i) A fee not exceeding $26,920 for preparation (other than the work described in paragraph (c)) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $10,210 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) Irrespective of the duration of the appeal hearing on any day— (i) a fee not exceeding $26,920 for attendance at the Court of Appeal for the appeal hearing that appears to the Director to be reasonable and proper; and (ii) additionally, if the appeal hearing is not concluded on the day on which it started, a fee not exceeding $29,850 for every subsequent day that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper.(L.N. 109 of 2016) 6. Solicitor assigned under a legal aid certificate to act as an advocate as well as an instructing solicitor in respect of proceedings in the District Court (a) (i) A fee not exceeding $16,790 for preparation (other than the work described in paragraph (c)) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $8,360 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) Irrespective of the duration of the hearing on any day— (i) a fee not exceeding $16,790 for attendance at the District Court for the trial, plea or sentence that appears to the Director to be reasonable and proper; and (ii) additionally, if the trial, plea or sentence is not concluded on the day on which it started, a fee not exceeding $18,610 for every subsequent day that appears to the Director to be reasonable and proper. (c) A fee for attendance at the District Court (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper. 7. Counsel (other than Senior Counsel) assigned under a legal aid certificate in respect of proceedings in the Court of First Instance (a) (i) A fee not exceeding $21,860 for preparation (other than the work described in paragraph (c) and item 13) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $9,150 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) A fee not exceeding $21,860 for every day of attendance at the Court of First Instance for the trial, plea or sentence (irrespective of the duration of the hearing on any day) that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of First Instance (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper. 8. Counsel (other than Senior Counsel) assigned under an appeal aid certificate in respect of an appeal from a magistrate to the Court of First Instance (a) (i) fee not exceeding $21,860 for preparation (other than the work described in paragraph (c) and item 13) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $9,150 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) A fee not exceeding $21,860 for every day of attendance at the Court of First Instance for the appeal hearing (irrespective of the duration of the hearing on any day) that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of First Instance (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 9. Counsel (other than Senior Counsel) assigned under an appeal aid certificate in respect of an appeal from the Court of First Instance to the Court of Appeal, or in respect of an appeal, or any point in an appeal, reserved to be considered by or directed to be argued before the Court of Appeal under section 118 of the Magistrates Ordinance (Cap. 227) (a) (i) A fee not exceeding $29,170 for preparation (other than the work described in paragraph (c) and item 13) that appears to the Director to be reasonable and proper.

(ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $9,150 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) A fee not exceeding $29,170 for every day of attendance at the Court of Appeal for the appeal hearing (irrespective of the duration of the hearing on any day) that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 10. Counsel (other than Senior Counsel) assigned under an appeal aid certificate in respect of an appeal from the District Court to the Court of Appeal (a) (i) A fee not exceeding $23,310 for preparation (other than the work described in paragraph (c) and item 13) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $9,150 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) A fee not exceeding $23,310 for every day of attendance at the Court of Appeal for the appeal hearing (irrespective of the duration of the hearing on any day) that appears to the Director to be reasonable and proper. (c) A fee for attendance at the Court of Appeal (other than for the appeal hearing) at a rate that appears to the Director to be reasonable and proper. 11. Counsel (other than Senior Counsel) assigned under a legal aid certificate in respect of proceedings in the District Court (a) (i) A fee not exceeding $14,530 for preparation (other than the work described in paragraph (c) and item 14) that appears to the Director to be reasonable and proper. (ii) Additionally, if more than 8 hours are required for the preparation, a fee at a rate not exceeding $7,500 per unit for every additional 4-hour unit (or part of it) that appears to the Director to be reasonable and proper. (b) A fee not exceeding $14,530 for every day of attendance at the District Court for the trial, plea or sentence (irrespective of the duration of the hearing on any day) that appears to the Director to be reasonable and proper. (c) A fee for attendance at the District Court (other than for the trial, plea or sentence) at a rate that appears to the Director to be reasonable and proper. 12. Senior Counsel assigned under a legal aid certificate in respect of proceedings in the Court of First Instance or District Court, or assigned under an appeal aid certificate Fees at an hourly rate that appears to the Director to be reasonable and proper. 13. Counsel (other than Senior Counsel) assigned under a legal aid certificate in respect of proceedings in the Court of First Instance, or assigned under an appeal aid certificate Fees for conferences (including time for travelling to and from conference venues and waiting time) approved by the Director at a rate not exceeding $2,240 per hour that appear to the Director to be reasonable and proper. 14. Counsel (other than Senior Counsel) assigned under a legal aid certificate in respect of proceedings in the District Court Fees for conferences (including time for travelling to and from conference venues and waiting time) approved by the Director at a rate not exceeding $1,830 per hour that appear to the Director to be reasonable and proper. 15. Solicitor or counsel assigned under an appeal aid certificate in respect of appeals to, or applications for leave to appeal to, the Court of Final Appeal Fees that appear to the Director to be reasonable and proper. 16. Solicitor or counsel to whom an application or matter has been referred under rule 13A Fees that appear to the Director to be reasonable and proper. 17. Solicitor or counsel assigned under a legal aid certificate to act as an advocate in respect of a preliminary inquiry (a) A fee not exceeding $17,460 that appears to the Director to be reasonable and proper. (b) Additionally, if the inquiry is not concluded on the day on which it started, a fee not exceeding one half of the fee allowed under paragraph (a) for every subsequent day that appears to the Director to be reasonable and proper. 18. Solicitor assigned under a legal aid certificate to act as an instructing solicitor in committal proceedings (including a preliminary inquiry) (a) A fee of $3,900. (b) Additionally, if the proceedings are not concluded on the day on which they started, a fee not exceeding $3,200 for every subsequent day that appears to the Director to be reasonable and proper. 19. Solicitor or counsel assigned under a legal aid certificate to act as an advocate in committal proceedings otherwise than by way of a preliminary inquiry (a) A fee not exceeding $17,460 that appears to the Director to be reasonable and proper. (b) Additionally, if the proceedings are not concluded on the day on which they started, a fee not exceeding $8,710 for every subsequent day that appears to the Director to be reasonable and proper. 20. Solicitor or counsel assigned under an appeal aid certificate settling a notice of appeal, other than grounds of appeal settled under rule 9(a) A fee not exceeding $5,760 that appears to the Director to be reasonable and proper. 21. Solicitor or counsel engaged under rule 7(1A) Fees that appear to the Director to be reasonable and proper. (L.N. 193 of 2013; L.N. 109 of 2016; L.N. 185 of 2017; L.N. 133 of 2020; L.N. 231 of 2021; L.N. 34 of 2023; L.N. 192 of 2024)(Schedule repealed L.N. 199 of 1992. Added L.N. 36 of 2012)