legal aid ordinance stay of proceedings

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Legal aid provides eligible applicants with the services of a solicitor or, if necessary, a barrister in court proceedings. The aim is to ensure that no one who has reasonable grounds for pursuing or defending a legal action in the courts of Hong Kong is denied access to

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4 5 Legal aid is a means by which eligible applicants can obtain the services of a solicitor and, if necessary, a barrister to represent them in proceedings before the courts in Hong Kong. Legal aid is available for proceedings in: resident. the District Court the

Legal Aid Ordinance Legal Aid Regulations Legal Aid (Assessment of Resources and Contributions) Regulations Legal Aid (Scale of Fees) Regulations Legal Aid (Charge on Legal Aid in Criminal Cases Rules Please refer to the

In general, you do not need to take any step in the proceedings for 42 days pending the outcome of your Legal Aid application. Upon receipt of your Legal Aid application, the Director of Legal Aid will immediately file at court a memorandum of notification.

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Framework: The Law and Practice of Provision of Legal Aid 99 BASIC LAW AND THE HONG KONG BILL OF RIGHTS ORDINANCE Article 35 of the Basic Law provides: 14 “Hong Kong residents shall have the right to confidential legal advice, access to the courts,

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Schedule 2 Proceedings for which Legal Aid may be Given under Section 5 S2-2 Schedule 3 Proceedings for which Legal Aid may be Given under Section 5A S3-2 Last updated date 23.9.2019 Legal Aid Ordinance T-8 Cap. 91

certificate that that person is entitled under the provisions of this Ordinance to legal aid in connection with any proceedings if the Director is satisfied that (a)legal aid is sought in connection with proceedings for which legal aid may be granted under section 5 or

The Legal Aid Department provides legal representation to eligible applicants by a solicitor and, if necessary, a barrister in civil or criminal proceedings. Legal aid is available, inter alia, to cases in the District Court, the Court of First Instance, the Court of Appeal

Revised interest rate on charge on property The rate of interest on the Director’s First Charge registered on an aided person’s home under Section 18A (3A) of the Legal Aid Ordinance, Cap. 91 changed from 1.101% to 1.231% on 1 June 2019 in line with the

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Legal Aid Ordinance (Cap. 91) Contents Section Page Part I Preliminary 1. Short title 1-2 2. Interpretation 1-2 3. Appointments 1-8 4. Panels of counsel and solicitors 1-10 Part II Scope of Legal Aid 5. Persons eligible for legal aid 2-2 5AA. Director may waive 7.

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[2009 Rev. Ed. Legal Aid CAP.9] 178 An ordinance to make provision in criminal cases for the granting of legal aid to persons of insuficient means, to enable the cost of such legal aid to be defrayed out of oficial sources and for purposes connected therewith. [1 June 2001] PART

A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding.[1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone

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As he is now serving a prison sentence, Mr. Mo should ask the staff of the Correctional Services to help him submit a new application for Legal Aid for the appeal proceedings. Apart from the means test, Mr. Mo also needs to satisfy the case merits test before he

What’s New • Legislation data is opened up for download (25 October 2019) 25/10/2019 • First electronic editorial record with legal status published (10 April 2019) 10/04/2019 • Hong Kong e-Legislation set to be the only government legislation website from July 1 29

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2 4. To qualify for legal aid, a person, irrespective of residence and nationality, is required to satisfy both the means test and merits test as provided by the LAO. At present, a person whose financial resources1 do not exceed $302,000 is financially eligible for legal

2/4/2009 · The Legal Aid Department provides legal representation for eligible applicants by providing you with a solicitor and, if necessary, a barrister, in civil or criminal proceedings. Legal aid is available for cases involving personal injury or death, as well as medical

Director of Legal Aid or Legal Aid Officer appointed in accordance with section 3 of the Legal Aid Ordinance. (Added, 66 of 1976, s. .2. Amended, 24 of 1983, s. 7) (2) For the purpose of calculating such period of 5 years, periods of less than 5 years failing within

Rehearings, appeals & stay of proceedings On this page: Rehearings Appeals Stay of proceedings Rehearings Both the landlord and the tenant can apply for a rehearing. You should apply at the District Court where the original hearing took place. You have 5

The Legal Aid Department, which regards itself as being responsible for a fair process including the right of access to courts, provides legal aid both to debtors and to creditors in connection with proceedings pursuant to the Execution Office Law and proceedings

Director of Legal Aid or Legal Aid Officer appointed in accordance with section 3 of the Legal Aid Ordinance. (Added, 66 of 1976, s. .2. Amended, 24 of 1983, s. 7) (2) For the purpose of calculating such period of 5 years, periods of less than 5 years failing within

Rehearings, appeals & stay of proceedings On this page: Rehearings Appeals Stay of proceedings Rehearings Both the landlord and the tenant can apply for a rehearing. You should apply at the District Court where the original hearing took place. You have 5

Legal Background Section 20(1) of the Arbitration Ordinance (Cap. 609) gives effect to Art. 8 of the UNCITRAL Model Law . It sets out the basic principle that a court before which an action is brought in a matter subject to an arbitration agreement shall, if a party so requests, stay the proceedings and refer the parties to arbitration.

Application for stay of proceedings Bluegold brought proceedings against Kwan as guarantor for HK$10million, claimed to be due under the Guarantee. Kwan applied under section 20 of the Arbitration Ordinance for a stay of proceedings in favour of arbitration

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has been instituted applies for legal aid during the course of the action, the Director has to notify the other party of this application and file in the court a memorandum of such notification. The effect of filing this memorandum is to stay all proceedings in the

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In general, however, under section 5 of the Legal Aid Ordinance legal aid is available (subject to certain financial criteria) to any person for civil proceedings (subject to certain exceptions). There is no limitation on the grant of legal aid on the grounds of the

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The Legal Aid Ordinance (Cap.91) (LAO), enacted in 1967, sets out the legal framework for the administration of legal aid. The Legal Aid Department (LAD) provides legal aid for civil proceedings under the Ordinary Legal Aid Scheme (OLAS) and law to satisfy

The courts In July 1995, the Official Languages Ordinance (Cap 5) was amended to enable any court to use either or both of the official languages in any proceedings before it as it thinks fit; to enable a party or his legal representatives or a witness in proceedings in

Page under construction Applicable Legal Principles The legal principles governing an application for stay of execution pending appeal are well settled. They are as set out by Ma J (as he then was) in Star Play Development v Bess Fashion Management Co Ltd [2007] 5 HKC 84 at paras 7 to 10.

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‘merits test’ as provided by the Legal Aid Ordinance (Cap.91). For the means test, a person whose total financial resources do not exceed $302,000 may be granted legal aid. If

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Legal Aid Ordinance (Cap 91) s.26 On appeals from decision of Director of Legal Aid to Registrar of High Court Rules of the District Court (Cap 336H) Order 67 On applications by solicitors for a declaration of having ceased to act (8) Matters relating to

1. What are the differences between Criminal and Civil Litigation in Hong Kong? The main difference between criminal and civil proceedings is that the former are instituted under the name of the HKSAR to suppress crimes and to punish criminals, while the

Judicial Proceedings (Regulation of Reports) Ordinance (Cap 287) s.3 Juvenile Offenders Ordinance (Cap 226) Law Amendment and Reform (Consolidation) Ordinance (Cap 23) See Part 5 Legal Aid Ordinance (Cap 91) Legal Aid Regulations (Cap 91A) Legal Aid

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Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance judgment or order, and any application for leave to appeal or for a stay of execution shall, so far as is practicable and convenient, be taken before the judge or Registrar

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APPLICATIONS FOR A PERMANENT STAY IN CRIMINAL PROCEEDINGS: A GUIDE TO PREPARATION AND APPLICABLE LEGAL PRINCIPLES “The right of every man to a fair hearing before he is condemned lies at the root of the tree of justice”1 Where

The Legal Aid Panel is a list maintained by the Director of Legal Aid that consists of barristers and solicitors in private practice who are willing to undertake legal aid work. 法律援助署署長備有法律援助律師名冊,內有所有願意參與法律援助工作的私人執業大律師

3.1 Once a bankruptcy petition is filed or the Court makes a bankruptcy order, no proceedings can be taken against or continued with against the debtor/bankrupt or the debtor’s/bankrupt’s assets without the leave of the Court. 3.2 The Official Receiver becomes the

By section 15(4) of the Legal Aid Ordinance, all proceedings in the action or in the appeal or in both the action and the appeal shall be stayed for a period of not less than 14 days. Even however if this Memorandum did not come so late, I would have ordered

HKLII has obtained the kind assistance of the Australasian Legal Information Institute (AustLII) in its development. With a view to promoting and supporting the rule of law in Hong Kong, HKLII is a free, independent, non-profit Internet facility providing the public

The Practice Directions in English were issued for the conduct of court proceedings. The Chinese translation of the Practice Directions in English has been prepared by the Court Language Section of the Judiciary. The Practice Directions in English are the