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Director of Legal Aid's First Charge

This only applies to legal aid cases funded under the Ordinary Legal Aid Scheme. Where an aided person is successful in recovering or preserving any money or property in the legally aided proceedings, he will be required to repay the Director all sums paid or payable on his behalf out of the money or property recovered or preserved (maintenance for children and maintenance for spouse up to the first HK$4,800 per month excepted). The sum liable to be paid will be reduced by the contribution he may have paid and any costs which may be recovered from the opposite party.

Where the property recovered in landed property, the Director's First Charge may be registered in the Land Registry against the property, without prior notice to the aided person, as security for payment of the sum liable to be paid by the aided person as aforesaid.

 

 

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