NURSES REGISTRATION REGULATIONS

NURSES REGISTRATION.

NURSES REGISTRATION REGULATIONS.

(Cap. 164, section 4)
(Ordinance No. 1 of 1931)

[22nd May, 1931.]

1. (1) The board shall consist ofseven members---
(a) the Director of Medical and Health Services;
(b) the Principal Matron of the Government Hospitals;
(c) four mernbers, who shall be nurses registered in
Hong Kong or State registered nurses in the United
Kingdom, appointed by the Governor;
(d) one member appointed . by the University of
Flong Kong.

(2) Members shall be appointed for a period of three
years. Should any member of the board die or leave the
Colony during his period of appointment his place shall bc
filled for the of his term of office by a rneniber
appointed by the same authority as appointed the deceased
or absent member.The Director of Alledical and Health
Services shall be the chairman of the board

2. In these regulations--
'Ordinance- means the Nurses Registration Ordinance;
'board' means the Nursing Board as constituted under
regulation 1;
tiregister' means the register of nurses formed and kept by
the board tinder section 3 of the Ordinance ;
registered nurse' means a male or female nurse who is for
the time being registered in the register.
The feminine shall include the masculine.

3. The fornis set out in the Second Schedule and all
instructions contained therein shall be deemed to be part of
these regulations, and such forms, or forms substantially to
the like effect, shall be used in all cases for which the forms
are provided.

PART II

Formation, maintenance and publication of the register.

4. (1) The register shall consist of the following
parts-

(a) a general part containing the names of all female
nurses who satisfy the conditions of admission to
that part of the register;

(b) a supplementary part containing the names of nurses
trained in the nursing and care of persons suffering
from mental diseases;

(d) a supplementary part containing the names of nurses
trained in the nursing of sick children;

(e) a supplementary part containing the names of nurses
trained in the nursing of persons suffering from
infectious diseases.

(2) The register shall contain the particulars set fourth in
the First Schedule.

(3) Each person admitted to the register shall be
assigned a consecutive number in the part or parts of the
register in which her name is included.

5. Every person who applies to the Director of Medical
and Health Services pursant to the requirements in Part III
for admission to a part of the register shall be admitted to
such part of the register upon payment of the appropriate fee,
namely-

(a) person trained within the Colony $10;
(b) person trained elsewhere $25.

6. (1) A nurse who desires her name to be retained
in the register for any year subsequent to the first year in
which it is included in the published register shall on or
before the thirtieth day of September of the previous year
forward to the Director of Medical and Health services a
retention fee of two dollars.

(2) A nurse whose name is included in the register shall
notify to the Director of Medical and Health Services every
permanent change of address, and for the purposes of these
regulations the address last notified shall be deemed to be
the registered address of the nurse.




(3) The Dhector of Medical and Health Services shall
send to the registered address of each nurse whose retention
fee has not been received before the 31st October a written
notice informing her of the consequence of failure to pay the
said fee, and if the nurse fails to forward to the Director of
Medical and Health Services the said retention fee by the end
of November, her narne shall be excluded from the re- ` ister
as from the beginning of the succeeding year unless the
board for any special reason otherwise directs.
(4) Notwithstanding the provisions of paragraph (i)
every nurse employed in the service of the llong Kong
Government shall be entitled to have her name retained in
the register during the time she remains so employed,
without payment of any retention fee, and her narne shall
be so retained. The requirements contained in paragraphs
(2) and (3) shall not apply in respect of any such nurse.

7. Where the name of a nurse has been excluded from
the register under regulation 6, she shall be entitled to apply
to have her name reincluded in the appropriate part or parts
of the register. An application for reinclusion shall be
accompanied by a written explanation of the applicant's
failure to apply for retention in the register, and a fee of $5
shall be payable for such reinclusion. If the board is
satisfied with the explanation offered by the applicant it may
reinclude her nanie in the appropriate. part or parts of the
register.

8. As soon as possible after the first day of January of
each year, the naines of all persons included in the register,
with the particulars specified in the First Schedule, shall be
published in the Gazette.

PART III.
Conditions of adinission to register.
By Exainination.

9. (1) For the purposes of section 4 Of the Ordin-
ance institutions shall be approved by the board-

In these regulations the words 'a Complete Training School'.
mean one Complete Training School, and not more than one;
the words 'an Associated Training School' mean one Asso-
ciated Training School, and not more than one; the words 'an
Affiliated Training School' mean one Affiliated Training
School, and not more than one; always provided that the
board reserves power to deal with special cases as it may
see fit.





(a)as Complete Training Schools, that is to say, as
being in the opinion of the board training schools
capable of providing a complete training qualifying
for admission either to the general part of tlie re-
gister or to a supplementary part of the register;
or
(b) as Affiliated Training Schools, that is to say, as
being in the opinion of the board lraining schools
capable of providing, in affiliation to a Complete
Training School, a part of such training as afore-
said; or
(c)as Associated Training Schools, iliat is to say, as
being in the opinion of the board training scliools
capable of providing, with training schools with
which they are associated, a part of such training
as aforesaid:
Provided that the board may, if it thinks fit, approve
the same training school both as a Complete Training
School and as an Associated Training School.

(2) In approving an Affiliated Training School the
board shall direct what proportion of the period of' training
required by these regulations is to be spent in the Affiliated
Training School and what proportion in the Complete
Training School to which it is -affiliated, and except where
the context otherwise requires, a course of training for any
specified period of time in an affiliated Training Scliool
means for the purposes of these rec*ulations a courso, of
training arranged in accordance with tlic. directions so given
partly in that school and partly in the Complete Training
School to which it is affiliated.

(3) In approving an Associated Training School the
board shall direct what proportion of the period of training
is to be spent in each of the constituent schools forming the
association, and except where the context otherwise
requires, a course of training of any specified period of time
in an Associated Training School means for the pu I-pose
of these regulations a course of training arranged in accor-
dance with the directions so given in the schools forming
the association.

(4) The board shall prepare and keep a list of institu-
tions which are for the time being approved by the board,
under the following headings-





(a) Complete Training Schools for Registered Nurses;
(b)Complete Training Schools for Registered Male
Nurses;
(c)Complete Training Schools for Registered Mental
Nurses;
(d)Complete Training Schools for Registered Nurses
for Mental Defectives;
(e)Complete Training Schools for Registered Sick
Children's Nurses;
Complete Trainin, Schools for Registered Fever
Nurses.

(5) The board shall similarly prepare and keep lists of
the institutions for the time being approved by the board
as Affiliated Training Schools and as Associated Training-
Schools respectively, and such lists shall be kept as far ns
necessary under headings corresponding to those relating
to Complete Training Schools.

10. The board shall hold preliminary and final
examinations in the several subjects mentioned in the
syllabus of subjects for examinations in the Fifth Schedule,
a i such tinies, at such places and subject to Such provisions
as the board may from time to time determine.

11. The entrance fee for the preliminary examination
shall be sixteen dollars, and for the final examination thirty
dollars. The fee for re-sitting an examination, irrespective
of whether that examination is preliminary or final, shall
be ten dollars for each subject. The fee shall be paid before
the applicant's name is entered for the examination. -

12. (1) No person shall be entitled to enter for the
preliminary examination until she has deposited with the
registrar a certificate signed by the matron, medical super-
intendent or other responsible officer of the institution or
institutions in which her training or instruction was given
and carried out, that she has completed one year of training
and that she has attended a course of lectures in the subjects
prescribed for the preliminary exan-iination in the syllabus
of subjects for examination, and haS Undergone practical
instruction in the wards in the subjects therein prescribed
for the examination.





CAP. 164] Nu?.ses Registration.

[r. 12 cont.] (2) No person shall be entitled to enter for any final
examination until she has attained the age of twenty-one
years and has passed the preliminary examination and has
deposited with the registrar the following certificates signed
by the matron, superi nten dent nurse, or other person
occupying a similar position in the institution or institutions
in which her training or instruction was given and carried
Out-
(a) a certificate. that slie has undergone the training
specified in regulation 14 Of this Part as being
necessary to qualify her for admission to the part
of the register to which the examination relates
(b) a certificate that she has undergone systematic in
struction in each of the subjects prescribed in the
syllabus of subjects for examination in the Fifth
Schedule as being necessaty for admission to the
part of the register to which she applies to the
admitted;
(c) a certificate of good conduct:
Provided that a person may enter for the' final
examination for fever nurses after she has attained the age
of twenty years, and that no nurse who is already registered
on any part of the register shall be required to pass the
preliminary examination.

Admission 13. No nurse shall be entitled to have her name
to register, entered on the register unless she has passed the final
examination applicable to tfie part of the register to which
she seeks admission. The name of every nurse who has
passed the final examination for the general part or 'any
supplementary part of the register shall forthwith be put 7
upon that part of the register : Provided that the name of
a nurse who has passed the, linal examination for fever
nurses before attaining the age of twenty-one years sliall
not bC Put upon the register until she has attained that
Evidence of 14. (1) In the case of candidates for the genera] part
training.
of the register-
(a) the applicant must be a female
except as hereinafter provided, the applicant must
furnish a certificate that she has completed a course
of not less than three years' training in a Complete

246





Training School for Registered Nurses or, alterna-
tively, has completed a course of not less than four
years' training in an affiliated Training School for
Registered Nurses or, alternatively, has completed
a course of not less than three years and six months'
training in an Associated Training School for Re-
gistered Nurses ;,
(c)if at the date of application the applicant is a re-
gistered sick children's nurse she must furnish a
certificate that since the date of registration she has
completed a course of not less than two years'
training in a Complete Training School for
Registered Nurses, or 'alternatively has since that
date completed a course of not less than one year's
training in an Affiliated or Associated Training
School for Registered Nurses which is a hospital
for men only, and also a course of not less than
one year's training in an Affiliated or Associated
Training School which is a hospital for women
only;
(d) if at the date of application the applicant is regis-
.tered on any of the supplementary parts of the'
register other than that of sick cliildr~n's nurses, she
must furnish a certificate that since the date of her
registration she has completed a coui---se of not less
ilian two years' training in a Complete Training
School for Registered Nurses.
(2) In the case of candidates for the supplementary part
of the register for male nurses---
(a)the applicant must furnish a certificate that he has
completed a course of not less than three years'
training in a Complete Training Schooll for
Registered Male Nurses, or alternatively has com-
pleted a course of not less than four years' training
in an Affiliated Training School for Registered Male
Nurses, or alternatively has completed a course of
riot less than three years and. six months' training in
ari Associated Training School for Registered Male
Nurses; or
(b)if at the date of application the applicant is registered
on sonic other supplementary part of the register
fie must furnish a certificate that since the date of
registration lie has completed a course of not less





than two vears' training in a Complete Training
School for Registered Male Nurses.

(3) In the case of candidates for the supplementary part
of the register for mental nurses other than the separate
section for registered nurses for mental defectives-
(a)the applicant must furnish a certificate that she has
completed a course of riot less than three years'
training in a Complete Training School for Regis-
tered Mental Nurses; or
(b)if at the date of application she is registered in
some othey supplementary part or on the general
part of the register, a certificate that since the date
of registration she has completed a course of not
less than two years' training in a Complete Train-
ing School for Registered Mental Nurses.

(4) In tile case of candidates for the separate section
for nurses for mental defectives-
(a)the applicant niust furnish a certificate that she has
completed a course of not less than three years'
training ill a Complete Training School for Regis-
tered Nurses for Mental Defectives; or
if at the date of application she is registered on any
part of the register other than on the said separate
section, a certificate that since the date of registra-
tion she has completed a course of not less two
),ears' training in a Complete Training School for
Registered Nurses for Mental Defectives.

(5) In the case of candidates for the supplementary
part of the register for sick children's nurses-
(a)the applicant must furnish a (,erti(-'icate that she
has completed a course of not less than three years'
training ill a Complete Training. School for Regis-
tered Sick Children's Nurses; or
(b)if at the date of application she is registered oil
some other supplementary part or 011 the general
part, of the register, a certificate that since the date
of registration she has completed a course of not
less than two years' training in a Complete Train-
ing School for Registered Sick Children's Nurses.

(6) In the case of ' candidates for the supplementary
part of the register for fever nurses-





(a)the applicant must furnish a certificate that she has
completed a course of not less than two years'
training in a Complete Training School for Re-
2olistered Fever Nurses, or alternatively, has
t,
completed a course of not less than two years and
six months in ;in Affiliated Training School for
Registered Fever Nurses; or
(b)if at the date of application she is registered on
some other supplementary part or on the general
part of the register, a certilicate that since the date
of registration she has completed a co'rse of not
less than one year's training in a Complete Train-
ing School for Registered Fever Nurses:
Provided that, in the case of a nurse who has passed
the final examination for fever nurses, the course of two
years' training required for admission to any other part of
the register shall date as from the time of passing the final
examination for fever nurses, and not from the date of her
registration.

15. For the purpose of this Part, 'training in a train-
ing school' means training given at the school in the sub-
jects prescribed by the board as the subjects for the
examination which an applicant seeks to pass.

16. The board may in any particular case dispense with
any certificate or other document required by this Part if
it is satisfied by other evidence that the information furnish-
ed by the applicant is correct, and that as regards character
and professional efficiency she is suitable for admission to
the register.

PART IV.
of admlzsio,~t to the regisler.

17. Every nurse admitted to the register shall be
,-rranted a certificate in the form set out in the Tbird
Schedule, and such certificate shall be under the seal of the
))card, and no document purporting to be a certificate of
admission to the register shall be valid unless it is under the
seal of the board.

18. In the event of a certificate being lost or accidental-
ly destroyed, the holder rnny apply to the board for a fresh





certificate, and the board may, if it thinks fit, grant
such fresh certificate upon payment by the applicant of a
fee of $5. A certificate issued under this regulation shall
be marked 'Duplicate.'

19. Any person shall be entitled, upon payment to the
Director of Medical and Health Services of a fee of $5, to
be furnished with a certificate signed by the chairman of
the board certifying that on a specified date, or during a
specified period, a nurse is or was or is not or was not in-
eluded in the register as the case may be.

Nurses trained oulside the Colony.

20. (1) Any person who proves to the satisfaction of
the board that she has been trained either generally, as a
nurse for the sick, or as a nurse of some special class, in
any place outside the Colony to which section 5 of the
Ordinance for the time being applies, shall be entitled
upon making application to the board (cither after examina-
tion or without examination as the board may direct) to
be admitted to the appropriaTe part or parts of the register.

(2) The fee payable in such case shall be the same
as that payable in the case of an application under regula-
tion 5.

Nurses registered in England and Wales, Scotland,
Northern Ireland and, Eire.

21. Any person whose name is included as a nurse
in the general part of the register kept by the General
Nursing Council for England and Wales, the General
Nursing Council for Scotland, the General Nursing Council
for Eire, or by the joint Nursing and Midwives Council
(Northern Ireland), or in any supplementary part of the
same, shall on making application to the Director of
Medical and Health Services, and paying. the prescribed
fee, and on production of a certificate issued by the regis-
trar of the Council on whose register the said person is
registered, to the effect that her name has been entered
and is included in such register, and of a complete copy
of that entry, be entitled to be admitted to the corres-
ponding part or parts of the register.





PART V.

Removal of nurse from register.

22. (1) When it is brought to the notice of the board
that a nurse who is included in the register (in this Part
referred to as 'the respondent') has been convicted of any
offence punishable with imprisonment or has been guilty
of ally misconduct, the Director of Medical and Health
Services after making such further inquiries relative thereto
as he thinks necessary may lay the matter before the board.

(2) The Director of Medical and Health Services may
decline to proceed with the matter unless the evidence in
support of the charge (other than evidence of a conviction)
is verified by a statutory declaration.


(3) Before reporting on any case to the board, the
Director of Alledical and Health Services shall invite the
respondent to furnish any written statement or explanation
which she may wish to offer.

(4) In any case in which it is proved to the board by
the certificate of the competent officer of the court in which
the proceedings took place that the respondent has been
convicted of a felony or of any misdemeanor and has been
sentenced to a term of imprisonment, and such conviction
has not been subsequently quashed on appeal, the board
may forthwith and without furhter inquiry remove the name
of the nurse from the register and require her to surrender
her certificate to the board.

(5) In any other case in which the board is satisfied
that a prima facie case is made out for the removal of
the respondent from the register, the Director of Medical
and Health Services shal cause the necessary steps to be
taken for verifying the evidence to be submitted to the
board and for obtaining the necessary documents and the
attendance of witnesses.

(6) The Director of Medical and Health Services shall
send to the respondent a notice in writing in the form set
out in the Fourth Schedule specifying the nature and parti-
culars of the charge against her and informing her of the
time and place of the meeting at which the case will be
heard, and requiring her to send or deliver to the Director
of Medical and Health Services her certificate and badge,
if any, not later than the date on which the hearing takes





place. Such notice shall be sent by registered post to the
registered address of the respondent contained in the
register, or if the Director of Medical and Health Services
has reason to believe that that address is riot her present
address, then to any later address which may be known
to the Director of Medical and Health Services, and shall
be posted so as to allow at )east twenty-one days to elapse
between the day on which the notice is posted and the date
fixed for the hearing.

23. The case shall be heard at a meeting of' the board
of which at least seven days' notice shall be sent by the
Director of -Medical and Health Services to each member
of the. board, and the respondent shall be entitled to be
represented by a friend or by counsel or so'licitor :
Provided that if she intends to be represented 1) y
counsel or solicitor not less than seven days' notice of such
intention shall be given to the Director of Medical and
Health Services.

24. At the hearing of the case the Director of Medical
and Health Services or otlier person appointed b), the
board for the purpose shall first state to the board the
facts of the case and the charge alleged against the res-
pondeni and shall then submit to the board the evidence
received in support of the charge, and the respondent or
her representative shall be entitled to cross-examine any
witness appearing against her on matters relevant to the
charge.

25. When the statement of the charge ,tiid the evidence
in support thereof are concluded, the. respondent or her
represeWative shall be invited by the chairman to address
the board and to tender evidence in answer to the charge,
and any solicitor or other person appointed by the board
for the purpose shall be entitled to cross-examine an ' v
witness tendered fil answer to the charge, and to reply upon
the whole case, after the respondent or her representative
has replied.

26. If the respondent does riot attend, either personall)~
or by representative, the board may proceed to hear and
determine the case in her absence.





27. Upon the conclusion of the case the board shall,
after consideration of the relevant evidence whether oral oi
documentary, pronounce its decision forthwith or at a later
date in writing or at a subsequent meeting.

28. (1) If the board find,-, the charges against the
respondent to be proved either in whole or in part, it rilay
remove her name from the register altogether or for such
period as it thinks fit.
(2) The Director of Medical and Health Services shall
forthwith communicate with the respondent by registered
letter informing her of the decision of the board.
(3) In the case of.' the temporary remov;iI of (lie
respondent from the register, the board shall retain the
certillcate and badge, if any, and shall delete her name
from the part or parts of the register in which it is
included, dtiring the period of removal, and in the case
of coniplele removal shall delete the respondent's name
from the part or parts of the register in which it is included
and cancel her certificate and retain the cancelled certificate
and badge, if any.

29. If any question arises as to the nicaning or effect
of these regulations, or if my question or matter arises
which Is not provided for by these regulations, such ques-
tion or matter shall be decided by the board, and the
decision of the. board shall bc final.

PART VI.

Restoration of nurse to register.
30. (1) When a nurse has been altogether removed
from the register under Part V, any application for restora-
tion to the register shall be made by her in writing addressed
to the Director of Medical and Health Services, stating the
grounds on which the applimtion is made.
(2) The application shall contain the names and
addresses of two or more persons of whom two shall be
justices of the peace, ministers of religion, registered
medical practitioners or registered nurses able and willing
to identify the applicant and give evidence as to her charac-
ter and the nature of her employment both before and since
the date of her removal, and such other evidence as the
board may require.





(3) 'I'lle board may require the applicant to verify b~f
statutory declaration any staternent niade in her applica-
tion ol- any further StLtCl * IIC!lt that it way think necessary,
and may, if it thinks lit, require the applicant to attend
in person at a meeting of the board, or of any, committee
of the board, at which the matter is to be considered.

31. If upon consideration of the application and of the
evidence furnished in support of it the board is satisfied
that the name of the applicant should be restored to the
register, it may direct this to be done and upon payment
by the applicant of a fee of $5, her name shall be reincluded
in the appropriate part ol* parts of the register, and a new
cert;fica(e shall bc issued to her.

32. If any question arises as to the rneaning or effect
of t!,ese regulations, or if any question or matter arises
which is riot provided for by these regulations, su ' ch ques-
tion or matter shall be decided by the board, and the deci-
sibn of the board shall be final.

33. (1) In the event of the removal or restoration
after removal of the name of a nurse from any part of
the register under regulations 22 to 32 inclusive, notifica-
tion of the fact shall be forthwith sent by the Director
of lkledical and Health Services to the General Nursing
Councils of England and Wales, or Scotland, or to the
joint Nursing and Midwives Council of Northern Ireland
ol- to the General Nursing Council of Eire, if the board
is aware that such nurse is or was registered in England
and Wales, Scotland, Northern Ireland or Eire under the
Nurses Registration Act, igig, or the Nurses Registration
Act of Scotland or under the Council for Northern Ireland
or for Eire.
(2) In the event ' of' the board receiving a notification
from the General Nunsing COLMICH of England and Wales,
or Scotland*, ol- the Joint Nursing and iklidwives Council
of Northern l~eland ol- the General Nursing Council for
Eire thar the nanie of any nurse registered by any ol- all
of those Councils has been removed from the register in
England and Wales, Scotland, Northern Ireland ol- Eire
by reason of a finding of such Council that such nurse has
been guilty of any misconduct, if the Director of Medical





and Health Services finds that such. nurse is also registered
in any part of the register lie sh'all inform the nurse in
wri~ing by registered letter that the board has received such
notification, and shall inquire of her whether she desires
to show cause why her nanie should not also be removed
from the register, and if no answer is received by the
Director of Medical and He, ilth Services within a reason-
able time, having regard to the registered address of the
said nurse, or if such nurse replies that slic does not desire
to show cause is aforesaid, tlien the board shall at its next
convenient ineeting direct sucli nurse's name to be removed
from the register. But if such nurse replies that she does
desire to show cause as aforesaid, it shall be the duty of
the 11rector of Medical and Health Services to lay the
matter before the board and the board shall thereupon
proceed to deal with the matter by way of a rehearing
under regulations 22 to 32 inclusive; as if the complaint
had been originally made to the board. The result of the
board's finding shall in due course be notified to the
General Nursing Councils of England and Wales, or Scot-
land, or to the Joint Nursing and Midwives Council of
Northern Ireland or the General Nursing Council of Eire,
as the case may be.

(3) In the event of the board removing the name of
a nurse from the register under this regulation, the Direc-
tor of Medical and Health Services shall, as soon as
possible, notify the fact of removal to the General Nursing
Councils of England and Wales, Scotland, and the joint
Nursing and Midwives Council of Northern Ireland and
the General Nursing Council for Eire.

34. (1) In the event of notice being received by the
board frorn the General Nursing Councils of England and
Wales, or Scotland, or from the joint Nursing and Mid-
wives Council of Northern Ireland or from the General
Nursing Council for Eire that they have restored to their
register the name of a nurse whose name they had removed
from their register, if the Director of Medical and Health
Services finds that the natile of such nurse was removed
from the register it shall be his duty to lay the matter
before the board which shall tlien consider the matter, and
if it thinks fit, having regard to all the circumstances and
at its discretion, likewise restore the name of such nurse





to the register, if she applies under and conforms to such
of the provisions of regulations 30 to 32 inclusive as the
board may require.

(2) In the event of the board restoring the name of
a nurse to the register under this regulation, it shall be
the duty of the Director of Medical and Health Services
as soon as possible to notify the fact of such restoration
to the General Nursing Council of England and Wales or
Scotland or to the Joint Nursing and Midwives Council of
Northern Ireland or to the General Nursing Council for
Eire, as the case may be.

35. Regulations 22 to 34 shall also apply, as far as
the circumstances in the opinion of the board require, to
all nurses whose names are registered in pursance of sub-
section (1) and (2) section 5 of the Ordinance.

PART VII.

Procedure of board and commiltees.
36. (1) The Director of Medical and Health Services
inay at any time convene a rneeting of the board.

(2) In the event of the Director of 1Medical and Health
Services not being present -it any meeting of the board,
the board shall appoint a chairman to preside at that
meeting,

37. Every meniber of the board aftending a ineeting
of the board shall sign his or her narne in a book kept
for the purpose.

38. Not less than ten days' notice of any meeting shall
be given to each member of the board, directed to such
address as he or she shall from tirne to tirne furnish to
the Director of Medical and Health Sei-vices.

39. The quorum of the board shall be four.

40. Minutes of the proceedings of the board shall be
taken, and shall be duly entered in a book provided for
the purpose. A draft of the minutes shall be circulated
to the members of the board, Logether with the notice of
the meeting at which they are to be submitted for con-
firniation.





41. Except in cases where the Director of Medical and
licalth Services on the ground of urgency or convenience
otherwise directs, the following order of business shall be
observed-
(a) minutes ol' the last meeting;
(b) adjourned 1.-)usiiiess;
(c) correspondence;
(d) reports of committees;
(e) notices of motion;
(f) statement of accounts;
(g) bills of clairns;
(h) any other business;
(1) date of next meeting.

42. No business which is not upon the agenda paper
shall be discussed at any meeting of the board (except
routine business) unless the chairman declares such business
to be. of an tirgent nature and is supported by two-thirds
of the members present and voting.

43. Ever\, question, the nianner of voting on which
is riot otherwise specified In these regulations, shall be
decided on a show of hands by a majority of members
present and voting. In the case of an equality of votes
the presiding chairman shall have a second or casting vote.

44. Every niot 1 on or arnendment shall be m oved and
seconded, and shall be reduced to writing .And handed to
the chairman, and sliall be read before it is further dis-
cussed or put to the meeting.

45. (1) Every notice of motion shall be in writing,
signed by the member giving the notice, and shall be given
or sent to the Director of Alledical and Health Services.

(2) The Director of Medical and Flealth Services shail
insert in the agenda paper of the next ordinary meeting
of the board al] notices of motion which lie may have
received not less than one clear day prior to the day on
which the agenda paper is sent out to members, in the
order in which they have been received by hirn.

46. No resolution of the board shall be altered or
rescinded at a subsequent meeting except upon a notice
of motion of which a copy has been sent out to members





by the Director of Medical and Health Services ten clear
days before such meeting.

47. (1) The board may delegate to a committee, and
with such restrictions and qualifications, if any, as it thinks
fit, all or any of its powers except the powers of removing
a nurse from or restoring a nurse to the register.

(2) Except by special permission of the board, no
report of a committee shall be discussed by the board unless
it has been sent to the members of the board at least three
days before the meeting of the board at which it is to be
presented.

48. All bills and claims shall be examined by the
Director of Medical and Health Services and laid by him
before the board, and such bills and claims as are allowed
shall be initialled by the presiding chairman.

49. The presiding chairman of the board shall decide
upon any point of order or procedure and his decision shall
be final.

50. The foregoing rules of procedure for the board
shall, so far as they are capable of application, apply to
the procedure of committees appointed by the board.

51. All minutes, registers and records shall be open
to the inspection of members of the board.

PART VIII.

52. A copy of these regulations rnay be obtained on
application to the Director of Medical and Health Services
at the price of $1

53. The board shall be at liberty to request any
member or members of the board to visit any place or
places for the purpose of explaining the Nurses Registra-
tion Ordinance, and its purposes and any regulations
thereunder, and to sanction the payment of all proper
expenses incurred by such member or members in con-
nexion with such visit.

54. These regulations may be cited as the Nurses
Registration Regulations.





FIRST SCHEDULE. [reg. 4.1

Particulars to be entered in the register-
.(a) registered number in register;
(b) name and (if married) maiden name;
(c) permanent address;
(d) date of registration;
(c) *qualification.

Itwill be indicated under this heading whether the nurse is qualified as a
'nurse by examination' and in what hospital or other institution she has
received training, and dates.

SECOND SCHEDULE. [reg. 3.1

FORM I.

FORm OF TESTIMONIAL AS TO CHARACTER.

Confidential.

To the NURSING BOARD FOR THE
COLONY op HONG KONG.

1 certify that 1 have known ...................................................
personally for .........years, and that she is of
good moral character.

REMARKS.

Signature .....................................................................

Address ........................................................................

Occupation ...................................................................

Date ..................................................................

Services.





FORM II.

FORM OF TESTIMONIAL AS TO CHARACTER AND
PROFESSIONAL EFFICIENCY.

(To be given by a matron of a hospital, registered medical
practitioner or other responsible person under whom the
applicant has worked during the three years prior to the date
of the application.)

Confidential.

To the NURSING BOARD FOR THE
COLONY OF HONG KONG.

I hereby certify that 1 have known .......................................
personally for ..years, and that she has discharged
her professional duties at all times in such a manner as to enable
me to recommend her for registration by the board, and that she
is of good moral character.

REMARKS.

Signature .....................................................................

Address ........................................................................

Professional Position .....................................................

Date ..................................................................

Services.

FORM III.

NURSING BOARD FOR THE COLONY OF
.11ONG KONG.

NURSES REGISTRATION ORDINANCE.
(Chapter 164 of the Revised Edition).

Application for registration on the .......................................
Part of the registerfor ............................................................





nurses to be used by nurses registered by the General Nursing
Council for England and Wales, or for Scotland, or by the Joint
Nursing and Midwives Council of Northern Ireland or by the General
Nursing Council of Eire to which subsection (1) of section 5 of the
Nurses Registration Ordinance applies.

To the NuRsEs BOARD FOR THE
COLONY OF HONG KONG.

.......................................... 1 1
(Full Christian name and surname.)

2 ................................................................
(Place and date of birth.)

3 ....................................................................................
(State whether married, single or widow.
If married or widow, give maiden name.)

4 ....................................................................................
(Full permanent postal address.)

hereby request the Nursing Board for the Colony of Hong Kong to
enter my name upon the Part of the register for ........................
........................nurses maintained by the board.

I forward herewith the fee of $25 and I promise in the event
of my being re-istered, and in consideration thereof, to be bound
by and to confirm to the rules and regulations for the time being
in force.

I forward herewith my Certificate of Registration by the
General Nursin- Council or ................................
under the Seal ~f the said Council.

1 am further prepared to produce such evidence as the board
may require to establish my identity and good character.

FORM IV.

NURSING BOARD FOR THE COLONY OF
HONG KONG

NuRsEs REGISTRATION ORDINANCE.
164 of the Revised Edition).

Application for registration on the . 1
..............................Part of the register for
..............................nurses to be used by nurses who have been
trained in any place outside the Colony to which subsection (2) of
section 5 of t he Nurses Registration Ordinance applies.





To the NURSEs BOARD FOR THE
COLONY OF HONG KONG.

.............. o
(Full Christian name and surrame.)

born at on
(Place and date of birth.)

...................................
(State whether married, single or widow.
If married or widow, give maiden name.)

......
(Full permanent postal address.)

hereby request the Nursing Board for the Colony of Hong Kong
to enter any name upon the Part of the register for .....................
...........................nurses maintained by the board.

I forward herewith the fee of $25 and I promise, in the event
of my being so registered, and in consideration thereof, to be bound
by and to conform in all respects to the rules and regulations for
the time being in force.

1 forward herewith particulars of my training and certificates
which I have received.

I am further prepared to produce such evidence as the board
may require to establish my identity and good character and to
undergo any examination upon any subject or subjects which the
board may consider necessary in accordance with the provisions of
subsection (2) of section 5 of the Ordinance.

THIRD SCHEDULE. [reg. 17.]

Reg. No . ..................

NURSING BOARD FOR THE COLONY OF
HONG KONG.

NURsEs REGISTRATION ORDINANCE.
(Chapter 164 of the Revised Edition).
I hereby certify that ............................................................
was admitted by examination on ................................................
to the General Part of the Register maintained by the Nursing
Board for the Colony of Hong Kong and that she is entitled, in
pursuance of the Nurses Registration Ordinance to take and use
the title of 'Registered Nurse'.

SEAL
0T .........................................................
F THE Chairman of the Board.
BOARD.





FOURTH SCHEDULE. [reg. 22.]

NURSING BOARD FOR THE COLONY OF
HONG KONG.

NURSES REGISTRATION ORDINANCE.
(Chapter 164 of the Revised Edition).

To ............................................................................
..of ..............~ 1
Take notice that the charge [or charges] against you,
particulars of which are set forth below, has/have been brought
to the notice of the board, and that the board proposes to investigate
such charge[s] at a meeting to be held at the office of the board,
at ...a.m./p.m. on .........1
the ......................................... 19 and to determine
whether you should be removed from the register.

PARTICULARS OF CHARGE[S].

You are hereby required to attend before the board at the time
and place mentioned above, and to answer such charges, bringing
with you all papers and documents in your possession relevant to
the matter and any persons whose evidence you wish to lay before
the board.

The following points should be carefully noted-
(a)You are entitled to be represented at the hearing before the
board by a friend, or by counsel or solicitor, but if you
propose to employ counsel or solicitor you must give written
notice to the Director of Medical and Health Services at the
address mentioned above at least seven days before the
hearing.
(b)It is imperative that you should either send to the Director
of Medical and Health Services before the date fixed for the
hearing, or bring with you to the hearing, your certificate
(and badge).
A copy of the Nurses Registration Regulations of the Nursing
Board for the Colony of Hong Kong is enclosed, and your attention
is directed to Part V of those regulations.

.......................
Director of Medical and Health Services.

Date........................................................................





FIFTH SCHEDULE. [reg. 10.]

Syllabus of subjects for Examination for
Certificate of General Nursing.

1. The examination shall consist of a Preliminary Examination
and a Final Examination.
2. The Preliminary Examination will cover the :following
subjects-
Elementary Anatomy, Physiology, Hygiene and Nursing,
and will be taken by all nurses alike for the General Register.

3. (1) The period of training for the Preliminary Examination
will normally be 24 months but the examination may be taken after
one year's training is completed.
(2) No nurse shall be eligible for Preliminary Examination in
the first half of any year unless on or before 31st March in that
half year such nurse has completed one year's training.
(3) No nurse shall be eligible for Preliminary Examination in
the second half of any year unless on or before 30th September in
that half year such nurse has completed one year's training.
4. The Final Examination, for the General Part of the Register
will cover the following subjects-
(a) Materia Medica and Therapeutics;
(b) Medicine and Medical Nursing;
(c) Surgery and Surgical Nursing;
(d) General Nursing;
and, except in the case of male nurses,
(e) Gynaecology and Gynaecological Nursing.

5. (1) The Final Examination may be taken after the
completion of three years' training, provided that the Preliminary
Examination has been already passed.
(2) No nurse shall be eligible for Final Examination in the first
half of any year unless on or before 31st March, in that half year
such nurse has completed three years' traiiiing.
(3) No nurse shall be eligible for Final Examination in the
second half of any year unless on or before 30th September in that
half year such nurse has completed three years' training.
1 6. Candidates for examination, and others interested, may
obtain the detailed syllabus, and the Nurses Registration Regulations,
from the Secretary, Nurses Board.



CHAPTER 165.
(Ordinance No. 48 of 1936).
NURSING AND MATERNITY HOMES REGISTRATION.

No subsidlary legislation,
Regulations - Fraser. vol. 3, p. 1107. G.N. 86/47. G.N. 950/47. G.N.A. 193/49. G.N.A. 179/50. Constitution of the board. G.N.A. 193/49. Interpretation. (Cap. 164.) Forms. Second Schedule. Register. First Schedule. Fee for admission to register. G.N.A. 179/50. Fee for retention in register. G.N. 86/47. Fee for reinclusion in register. Publication of register. *Approved institutions. [r. 9 cont.] Examinations. Fifth Schedule. Examination fees. G.N.A. 179/50. Necessity to deposit certificate before entering examination. [r. 12 cont.] Admission to register. Evidence of training. [r.14 cont.] Training. Power to dispense with certain requirements for admission to the register. Certificate of admission to the register. Third Schedule. Duplicate certificate. [r. 18 cont.] Certificate on payment of fee. Foreign trained nurses. Nurses registered in the United Kingdom and Eire. Grounds for removal. Fourth Schedule. [r. 22 cont.] Hearing. Respondent's right to cross-examine. Right of board to cross-examine. Proceeding in the absence of respondent. Decision. Board may remove name from register. Power of board to decide doubtful points. Application for restoration to register. [r. 30 cont.] Fee for certificate. Power of board to decide doubtful points. Notification of removal or restoration. Removal. Restoration. [r. 34 cont.] Application of regulations 22-34. (Cap. 164.) Meeting. Record of members present at meeting. Notice of meetings. Quorum. Minutes. Order of business. Agenda. Voting. Motions. Notices of motions. Rescinding of resolution. [r. 46 cont.] Powers of committees. Bills and claims to be initialled. Decision of chairman. Application of rules. Record open to inspection. Price of copy of regulations. Members to explain the Ordinance and regulations. (Cap. 164.) Citation. Second Schedule, cont. (Cap. 164.) Second Schedule, cont. G.N. 950/47.

Regulations - Fraser. vol. 3, p. 1107. G.N. 86/47. G.N. 950/47. G.N.A. 193/49. G.N.A. 179/50. Constitution of the board. G.N.A. 193/49. Interpretation. (Cap. 164.) Forms. Second Schedule. Register. First Schedule. Fee for admission to register. G.N.A. 179/50. Fee for retention in register. G.N. 86/47. Fee for reinclusion in register. Publication of register. *Approved institutions. [r. 9 cont.] Examinations. Fifth Schedule. Examination fees. G.N.A. 179/50. Necessity to deposit certificate before entering examination. [r. 12 cont.] Admission to register. Evidence of training. [r.14 cont.] Training. Power to dispense with certain requirements for admission to the register. Certificate of admission to the register. Third Schedule. Duplicate certificate. [r. 18 cont.] Certificate on payment of fee. Foreign trained nurses. Nurses registered in the United Kingdom and Eire. Grounds for removal. Fourth Schedule. [r. 22 cont.] Hearing. Respondent's right to cross-examine. Right of board to cross-examine. Proceeding in the absence of respondent. Decision. Board may remove name from register. Power of board to decide doubtful points. Application for restoration to register. [r. 30 cont.] Fee for certificate. Power of board to decide doubtful points. Notification of removal or restoration. Removal. Restoration. [r. 34 cont.] Application of regulations 22-34. (Cap. 164.) Meeting. Record of members present at meeting. Notice of meetings. Quorum. Minutes. Order of business. Agenda. Voting. Motions. Notices of motions. Rescinding of resolution. [r. 46 cont.] Powers of committees. Bills and claims to be initialled. Decision of chairman. Application of rules. Record open to inspection. Price of copy of regulations. Members to explain the Ordinance and regulations. (Cap. 164.) Citation. Second Schedule, cont. (Cap. 164.) Second Schedule, cont. G.N. 950/47.

https://oelawhk.lib.hku.hk/items/show/1966

NURSES REGISTRATION ORDINANCE

CHAPTER 164.

NURSES REGISTRATION.

To provide for the regisiration of nurses for the sick.

[6th February, 1931.]

1. This Ordinance may be cited as the Nurses Ordinance.

2. (1) For the purposes of this Ordinance there shall be established
a Nursing Board for the Colony of Hong Kong (in this Ordinance
referred to as the board).

(2) The board shall be constituted in accordance with the
provisions contained in the regulations made under this Ordinance.

3. (1) It shall be the duty of the board to form and keep a register of
nurses for the sick (in this Ordinance referred to is the register) subject
to and in accordance with the provisions of this Ordinance, and the
names of all persons included in the register shall be published
annually in the Gazette.

(2) The register shall consist of the following parts--

(a)a general part containing the names of all nurses who satisfy
the conditions of admission to that part of the register;

(b)a supplementary part containing the names of male nurses;

(c)a supplementary part containing the names of nurses
trained in the nursing and care of persons suffering from
mental diseases,

(d)a supplementary part containing the names of nurses trained
in the nursing of sick children

(e) any other prescribed part.

Where any person satisfies the conditions of admission to any
supplementary or prescribed part of the register, his or her name may
be included in that part of the register notwithstanding that it is also
included in the general part.

(3) In any proceedings, a copy of the Gazetle containing the
most recent list of names on the register shall be prima facie evidence,
and a certificate under the hand of





the chairman of the board shall be conclusive evidence, that the
persons named in the list or certificate are, or are not, registered
under this Ordinance.

(4) Any reference in this Ordinance to the register shall
unless the context otherwise requires be deemed to include a
reference to any part of the register, and the expression
'registered' shall be construed accordingly.

4. (1) The Governor in Council may by regulations prescribe
or provide for

(a)the formation maintenance and publication of the
register ;

(b) conditions of admission to the register

(c)conduct of any examinations which may be prescribed
as a condition of admission to the register, and any
matters ancillary to or connected with any such
examinations

(d)the causes for which, the conditions under which and
the manner in which nurses may be removed from the
register, and the procedure for the restoration to the
register of nurses who have been removed therefrom

(e)the constitution of the board and for regulating the
summoning of meetings of the board and the
proceedings (including quorum) of the board ;
(f) enabling
the board to constitute committees and for authorizing
the delegation to committees of any of the powers of
the board and for regulating the proceedings (including
quoritin) of committees;

(g) fees to he payable;

(h) generally making provision with respect to any
matters wiht respect to which the Governor in
Council considers that provision should be made
for the purposes of carrying this Ordinance into
effect (including provision with respect to the issue
of certificates to nurses registered under this Ordinance
and with respect to the titles which may be
used and the uniforms or badges which may be
worn by nurses so registered), and prescribing
anything which under this Ordinance is to be
prescribed.





(2) Regulations under this section shall contain

provisions-
(a)requiring as a condition of the admission of person to the
register that that person shall have undergone the prescribed
training, and shall possess the prescribed experience, in the
nursing of the sick ; and

(b)requiring that the prescribed training shall be carried out
either in an institution approved by the board in that behalf or
in the service of the Admiralty, the Army Council or the Air
Council.

5. (1) Any person whose name is registered in any
part or Parts of the register kept by the General Nursing
Council for England and Wales, or of the register kept by
the General Nursing Council for Scotland, or of the register
kept by the joint Nursing and Midwives Council of
Northern Ireland or of the register kept by the General
Nursing Council for Eire and who produces a certificate
under the seal of the said Council for England and Wales,
or for Scotland, or for Northern Ireland or for Eire, certify-
ing that his or her narne is so registered as a nurse shall
Upon making an application in the prescribed manner, and
upon satisfying the board of his or her identity and good
character and upon paying the fee prescribed for ordinary
applications for registration under this Ordinance, be
entitled to be registered in a corresponding manner under
this Ordinance.

(2) If any person proves to the satisfaction of the board that he or
she has been trained in any place outside the Colony where the
standard of training and examination is not lower than the standard of
training and examination required under this Ordinance, either as a
general nurse for the sick or as a nurse of some special class, and
satisfies the board as to his or her identity and good character, the
board may either after examination or without examination, upon
payment of the fee prescribed for registration under this Ordinance,
direct that such person shall be registered in the appropriate part or
parts of the register.


6. (1) Any person aggrieved by the removal her name from the
register may, within three months after the date on which notice has
been served on him or her





by the board that his or her name has been so removed appeal
against the removal to the Governor in Council, and on such
appeal the Governor in Council may

such directions in the niatter as he thinks proper.

(2) Any person aggrieved by the refusal of the board to
approve any institution for the purpose of the regulations under
this Ordiiiance relating to training may appeal against the refusal
to the Governor in Council and the Governor in Council may give
such directions therein as he thinks proper and the board shall
comply with any directions so given.

7. Any notice, directed to be served on any person under the
provisions of this Ordinance or the regulations made thereunder,
shall be deemed to have been served on such person if such
notice has been posted by registered post to his address given in
the register, or if such person be not registered, then to the
address furnished by hirn to the board.

8. Every appeal under section 6 shall be by means
of a written petition and such petition, unless otherwise
provided, shall be presented within fourteen days of the
date of service of the decision of the board on the person
concerned. With such petition the Governor in Council
may consider any written reply of the board to Such petition.
The decision of the Governor in Council on such Petition
shall be final.

9. (1) Any person who-

(a)not being a person July, registered under this
Ordinance, uses the title of registered nurse or its
equivalent in any other language, either alone or in
combination with any other words or letters, or uses
any name, title, addition, description, uniform or badge
implying that he or she is registered under this
Ordinance or is recognized by law as a registered
nurse, or uses any title, uniform or badge prescribed for
the use of nurses registered under this Ordinance or

(b)being a person whose name is included in any part of
the register, uses any name title, addition, description,
uniform or badge, or otherwise does






any act of any kind, implying that his or her name is
included in some other part of the register in which it is not
included; or

(c)with intent to deceive makes use of any certificate of
registration as a nurse issued under this Ordinance to him or
her or to any other person,

shall upon summary conviction be liable to a fine of two thousand
dollars and six months imprisonment.

(2) Any person who wilfully makes or causes to be made any
falsification in any matter relating to the register shall upon sunmmary
conviction be liable to a fine of one thousand dollars and to
imprisonment for six months.
Originally 1 of 1931. Fraser 1 of 1931. 22 of 1950. Short title. Establishment and constitution of a Nursing Board. 9 & 10 Geo. 5, c. 94, s. 1. Register of nurses. 9 & 10 Geo. 5, c. 94, s. 2. [cf. Cap. 165, s. 2 (1), (2).] [s. 3 cont.] Regulations. 9 & 10 Geo. 5, c. 94, s. 3. Admission to register of person trained outside the Colony. 9 & 10 Geo. 5, c. 94, s. 6. Appeal against removal from the register [s. 6 cont.] or against refusal to approve institution. 9 & 10 Geo. 5, c. 94, s. 7. Service of notice. Procedure on appeal. Penalties for unlawful assumption of title of registered nurse and for falsification of register. 9 & 10 Geo. 5, c. 94, s. 8. 22 of 1950, Schedule.

Originally 1 of 1931. Fraser 1 of 1931. 22 of 1950. Short title. Establishment and constitution of a Nursing Board. 9 & 10 Geo. 5, c. 94, s. 1. Register of nurses. 9 & 10 Geo. 5, c. 94, s. 2. [cf. Cap. 165, s. 2 (1), (2).] [s. 3 cont.] Regulations. 9 & 10 Geo. 5, c. 94, s. 3. Admission to register of person trained outside the Colony. 9 & 10 Geo. 5, c. 94, s. 6. Appeal against removal from the register [s. 6 cont.] or against refusal to approve institution. 9 & 10 Geo. 5, c. 94, s. 7. Service of notice. Procedure on appeal. Penalties for unlawful assumption of title of registered nurse and for falsification of register. 9 & 10 Geo. 5, c. 94, s. 8. 22 of 1950, Schedule.

https://oelawhk.lib.hku.hk/items/show/1965

MONEY-LENDERS (REGISTRATION) REGULATIONS

MONEY-LENDERS.

MONEY-LENDERS (REGISTRATION) REGULATIONS.

(Cap. 163, section 4).
(Ordinance No. 16 of 1911).

[6th October, 1911.]

1. The Registrar of Companies shall be the Registrar
of Money-lenders.

2. The fee to be paid in respect of each registration
or renewal thereof, Whether such renewal arises in con-
sequence of the expiration of the period of one year after
which (by virtue of the provisions of subsection (2) Of
section 4 of the Ordinance) registration shall cease to have
effect, or in consequence of any change which may be made
during that period in respect of name or nanies, address
or addresses of the person or persons registered, or in any,
other particular, shall be the surn of fifty dollars.

3. The fee payable for the inspection of each separate
return on the register shall be the sum of one dollar, the
payment of which sum shall entitle any person inspecting
to receive a certified copy of any registered return.

4. Any application for exemption from registrition
under paragraph (d) of section 6 of the Ordinance, shall
be made on. foolscap paper in Foriri A in the Schedule
and shall be signed by some responsible officer or rnember,
as the casc may be, of the company, association of partner-
ship applying for such exemption.

5. Such application shall be accompanied-
(a)in the case of a registered company, by a copy
of the memorandum and articles of association,
and in other cases by a copy of the charter, deed
of settlement or other document of incorporation,
or by a copy of the partnership agreement, as the
case may be;
(b)by a copy of the reguiations governing the rights
of members;
(c) by a copy of the last balance sheet; ancl





(d)by an affidavit by some responsible officer or
member, as the case may be, of the company,
association or partnership setting out the nature of
the business and certifying that the copies for-
warded under paragraphs (a), (b) and (c) are true
copies.

6. The Governor in Council may require, and the
company, association or- partnership (if so required) shall
supply, further information by affidavit, production of docu-
ments or otherwise as the Governor in Council may think
proper, concerning the constitution, objects and financial
position of the company, association or partnership and also
concerning the manner in which it has carried on its
business.

7. The Governor in Council may require and the
company, association or partnership (if so required) shall
cause notice of the application to be advertised in such
papers as the Governor in Council may prescribe.

8. If in the opinion of the Governor in Council the
company, association or partnership is a proper one for
exemption under the Ordinance, the Governor in Council
shall make an order exempting such company, 'association
or partnership froin registration under the Ordinance upon
such conditions and for such. period as the Governor in
Council mav think fit. Such order shall be in Form B in
the Scheduic and a copy of it shall be published in the
Gazette.

9. Upon the expiration of the period limited by any
order the company, association or partnership may make a
further application for renewal of the order of exemption
and the Governor in Council may thereupon make further
orders exempting the company, association or partnership
from registration upon such conditions and for such further
period as the Governor in Council may think fit.

10. The Governor in Council may at any time by order
revoke any order for exemption. A copy of such revoking
order shall be published in the Gazette and thereupon the
company, association or partnership shall cease to be
exempted from registration tinder the Ordinance.





11. These regulations may be cited as the Aloney-
lenders (Registration) Regulations.

SCHEDULE.

reg. 4.1 Fopm A.

The Money-lenders Ordinance.
(Chapter 163 of the Revised Edition).

APPLICATION FOR THE EXEMPTION OF A COMPANY, ASSOCIATION
OR PARTNERSHIP FROM REGISTRATION UNDER THE
ABOVE-MENTIONED ORDINANCE.
*Here insert oft
full name.
t Here insert being duly authorized
full address. in that behalf by~
* Here insert of which I am~
name of the and which carries on its business at**
company,
association or in the Colony of Hong
partnership. Kong, hereby make application to the Governor in
Here state
whether Council on behalf of the said*
Ys cretary.for an order exempting the saidT
rector orfrom registration as a money-lender, under the provisions
partner.
.. Here insertof the above-mentioned ordinance, upon the following
address of groundstt
business.
tt Here state
grnunds for . Dated this day of 19
exemption.
(Signed)

To the Clerk of Councils,
Colonial Secretariat,
Hong Kong.

[reg. 8.] FoRm B.

The Money-lenders Ordinance.
,(Chapter 163 of the Revised Edition).

ORDER OF EXEMPTION.

In pursuance of the *powers conferred by paragraph (d) of
section 6 of the Money-lenders Ordinance, Chapter 163 of the Revised
Edition, it is hereby ordered by the Governor in Council that the
, whose address is
be exempted from registration as a money-lender under the pro-
visions of the said Ordinance for a period of
, from the day of the publication of this order
in the Gazette or until the earlier revocation.of this order by the
Governor in Council.
Regulations - Fraser, vol. 2, p. 682. (Cap. 163.) (Cap. 163.)

Regulations - Fraser, vol. 2, p. 682. (Cap. 163.) (Cap. 163.)

https://oelawhk.lib.hku.hk/items/show/1964

MONEY-LENDERS ORDINANCE

CHAPTER 163.

MONEY-LENDERS.

To amend the law with respect to persons carrying on business US
money-lenders

[1st January, 1912.]

1. This Ordinance may be cited as the Money-lenders Ordinance

2. (1) Where proceedings are taken in any court by

money-lender for the recovery of any money lent, or the
enforcement of any agreement or security made or taken
in respect Of money lent, and there is evidence which
satisties the court that the interest charged in respect of
the sum actually lent is excessive or that the amounts
charged for expenses, inquiries, fines, bonus, premium,
renewals or any othe charges are excessive, and that, in
either case, the transaction is harsh and unconscionable, or
is such that a court of would give relief
the court may reopen the transaction, and take an account
the money-lender and the person sued, and may
notwithstanding any statement or settlement of account or
any agreement purporting to close previous dealings and

Create a new obligation
reopen any account already, taken
between them, and relieve the person sued from payment
of any sum in excess of the sum adjudged by the court
to be fairly due in respect of such principal interest and
charges as the court, having regard to the risk and in the
circumstances may adjudge to be reasonable ; and if any
such excess has been paid, or allowed in account, by the
debtor, may order the creditor to it; and may set
aside either wholly or in part, or revise, or alter, any security
given or agreement made in respect of money lent by the
money-lender and if the money-lender has parted with the
security may order him to indemnify the borrower or other
person sued.

(2) Any court in which proceedings might be, taken for the
recovery of money lent by a money-lender shall have and at the
instance of the borrower or surety or other person liable may exercise,
the like powers as may exercised under this section, where
proceedings are taken





for the recovery of money lent, and the court shall have
power, notwithstanding any provision or agreement to the contrary, to
entertain any application under this Ordinance by the borrow or surety
or other person liable, notwithstanding that the time for repayment of
the loan or any instalment thereof may not have arrived.

(3) On any application relating to the adrilission or amount of a
proof by a money-lender in any bankruptcy proceedings, the court
may exercise the like powers as may bc exercised under this section
when proceedings are taken for the recovery of money.

(4) The foregoing provisions shall apply to any trans-

action which, whatever its form may be, is substantially
one of money-lender

(5) Nothing in the foregoing provisions shall affect the
rights of any, bona fide assignee or holder for value without notice.

(6) Nothing in this section shall be construed as
derogating from thepowers or jurisdiction of any
court.

3. A money-lender
(a)shall register himself as a money-lender in accordance with
regulations under this Ordinance at the office of the Registrar
of Companies, under his own or usual trade hame and in no
other name, with the address, or all the addresses if more
than one, it which he carries on his business of moneylender
and

(b)shall carry on the money-lending business in his registered
name, and in no other name, and under no other description,
and at his registered address or addresses, and at no other
address; and

(c) shall not enter into any agreement in the course
of his business as a money-lender with respect to
till? advance aiid repayment of money, or take any
security for money in the course of his busines's
as a money-lender, otherwise than in his registered
name; and

(d)shall on reasonable request, and on tender of a reasonable
sum for expenses, furnish the borrower





with a copy of any document relating to the loan or any
securits, therefor.

(2) Every money-lender who fails to register himself
as required by this Ordinance, or carries on business other-
wise than in his registered name, or in more than one
name or elsewhere than at his registered aeldress, or fails
to comply with any other requirement of this section, shall
upon summary conviction be liable to a fine of one thousand
dollars, and in the case of a second or subsequent convic-
tion, to a fine of two thousand dollars and imprisonment
for three months : Provided that if the offender be a body
corporate it shall be liable on a second or subsequent con-
viction to a fine of five thousand dollars.

(3) A prosecution under paragraph (a) of subsection (i) shall not
bc instituted except with the consent of the Attorney General.

4. (1) It shall be lawful for the Governor in Council to make
regulations respecting the registration of money-lenders, whether
individuals, firms, societies or conipanies, ihe form of the register, and
the particulars to be entered therein, and the fees to be paid on
registration and renewal of registration and respecting the inspection
of the register and the fees payable therefor.

(2) The registration shall cease to have effect at the
expiration of one year from the date of the registration,
but may be renewed from time to time, and if renewed
Shall have effect for one year from the date of the renewal

5. Every money-lender, and every manager, agent or clerk of a
money-lender, and every person being a director, manager or other
officer of any corporation carrying on the business business of a
moncy-lender, who, by any false, misleading or deceptive statement,
representation or promise, or by any dishonest concealment of
material facts, fraudulently induces or attempts to induce any person to
borrow money or to agree to the terms on which money is or is to be
borrowed, shall be guilly of a misdemeanor and shall be liable to a fine
of five thousand dollars and to imprisonment for two





6. In this Ordinance, 'money-lender' includes everv person
whose business is that of money-lending, or who advertises or
announces himself or holds hiniself out in any way as carrying on that
business; but shall not include

(a)any pawnbroker, in respect of business carried on by him in
accordance with the provisions of any Ordinance relating to
pawnbrokers; or

(b)any body corporate, incorporated or empowered by any
Ordinance or special Act of Parliament to lend money in
accordance with such Ordinance or Act; or

(c)any person bona fide carrying on the business of banking
or insurance, or bona fide carrying on any business not
having for its primary object the lending of money, in the
course of which and for the purposes whereof he lends
money; or

(d)any company, association or partnership for the time being
exempted from registration under this Ordinance by order of
the Governor in Council made pursuant to regulations of the
Governor in Council.
Originally 16 1911. Fraser 16 1911. 22 of 1950. Short title. Reopening of transactions of money-lender. 63 & 64 Vict. C. 51, s. 1. [s. 2 cont.] Registration etc. 63 & 64 Vict. C. 51, s. 2. 22 of 1950, Schedule. Regulations as to registration. 63 & 64 Vict. C. 61, s. 3. Penalties for false statements and representations. 63 & 64 Vict. C. 51, s. 4. Definition of money-lender. 63 & 64 Vict. C. 51, s. 6.

Originally 16 1911. Fraser 16 1911. 22 of 1950. Short title. Reopening of transactions of money-lender. 63 & 64 Vict. C. 51, s. 1. [s. 2 cont.] Registration etc. 63 & 64 Vict. C. 51, s. 2. 22 of 1950, Schedule. Regulations as to registration. 63 & 64 Vict. C. 61, s. 3. Penalties for false statements and representations. 63 & 64 Vict. C. 51, s. 4. Definition of money-lender. 63 & 64 Vict. C. 51, s. 6.

https://oelawhk.lib.hku.hk/items/show/1963

MIDWIVES REGULATIONS

MIDWIVES.

MIDWIVES REGULATIONS.

(Cap. 162, section 4).
(Ordinance No. 22 Of 1910).

[24th October, 1930.]

1. At meetings of the Board four members shall form
a quorum and the Chairman shall have a casting vote.

2. No person shall be certified as a midwife unless she
satisfies the Board-
(a) that she has attained the age of 21 years;
(b)that she possesses a certificate of health signed by
a registered medical practitioner;
(c)that she possesses a certificate of character from
some resident of standing in the Colony;
(d)that she holds the Upper Primary Certificate or its
equivalent, or has passed the examination of the
Nurses Board of Hong Kong,
and in addition thereto-
(e)that she has under the supervision of a competent
teacher of midwifery, and at a hospital approved by
the Board, midergone a training which included-
(i) a course of lectures and demonstrations in
midwifery, the care of pregnant, lying-in and
puerperal women, and the care of the new-born
infant up to seven days after birth ;
(ii) the abdominal palpation and vaginal
examination of at least 20 cases;
(Iii) the attendance at 30 cases of labour and the
personal delivery Of 20 cases; and
(iv) the nursing of lying-in women and infants
for seven days after birth,
and has successfully passed the examination required by
the Board; or
that she is duly certified under the Midwives Acts,
1902 to 1926 -, or
(g)that she is duly certified under the Midwives
(Scotland) Act, 1915; or





(h)that she is duly certified as a midwife under the
Joint Nursing and Midwives Council of Northern
Ireland; or
(i)that she possesses a certificate to practise as a mid-
wife issued by-
(i) any licensing body in any British Dominion,
Colony or Protectorate whose certificate is
recognized by the Government concerned, (other
than a Class B Certificate of the Straits Settle-
ments); or
(ii) any foreign po wer which has state recogni-
tion of midwives; or
(iii) any licensing body other than the above
which is approved by the Board; or
that she possesses a certificate of competency satis-
factory to the Board, and has practised as a zt,~t,it
p'o in the Colony for at least two years imnic-
diately preceding the date of her application to be
certified, and that such application was m~tele before
31st December, 1937.

The Board reserves the right to require any candidate
to prove her competency at an examination conducted by
examiners appointed by the Board, and to refuse to certify
candidates holding certificates of licensing bodies who do
not offer reciprocal privileges to Flong Kong certified
midwives.

3. The following conditions shall hereafter govern the
course of pupil midwives who desire to obtain the certificate
of the Board-
(a)training shall be undergone it a training' centre
approved by the Board;
(b) the course of training shall be-
(i) for those who have had less than two years'
general nursing-t,,\,o years at.a rnaternity hospital
recognized as such by the Board
(ii) for those who have had two _y ' car ' s' training
in general nursing-one year at such maternity
hospital as aforesaid ;
(iii) for those whose names appear in the register
provided for in subsection (i) of section 3 of the
Nurses Registration Ordinance-six months at such





maternity hospital if they were appointed as
probationer nurses not later than the Pst December,
1939, and twelve months if so appointed after that
date.

4. The following are approved training schools for
midwives in Hong EZ-ong-
i. Alice Memorial and Affiliated Hospitals;
2. the Queen Mary Hospital.,
3. the Tsan Yuk Hospital;
4. the Kwong Wah Hospital;
5. the Tung Wah Hospital;
6. the Tung Wah Eastern Hospital;
7. the Hong Kong Sanatorium and Hospital;
8. the Kowloon Hospital.

5. (1) The examination for the Board's certificate
shall be conducted by two members of the Board and by
such assisting examiners as the Board may appoint.

(2) Each candidate shall pay an entrance fee of $5.oo.

(3) The examination shall be both written and oral.

(4) The examiners shall inform the Board of the marks
obtained by candidates at examinations.

(5) No person. who has three times failed to pass the
Board's examination may again enter for the examination.

6. (1) Any person desiring to be certified as a midwife
in Hong Kong is required to give notice in writing to the
secretary of the Board of her wish to do so, and such notice
shall contain the following particulars-
(a) name (JMrs. or Miss)
(b) age;
(c) address;
(d) hospital where trained;
(e) particulars of training;
dates of' previous applications to the Board, if any,
and be accompanied by the following documents-
(i) a certificate of character from some resident of
standing in the Colony;





(ii) a certificate or diploma from a training school
approved by the Board, or from the authorizing
body in the case of certified midwilves;
(iii) passport or identification certificate;
(iv) a record book of cases taken in training
school.

(2) This notice and accompanying documents shall be
considered by the Board, and the Board, if satisfied with the
applicant's qualifications, shall issue a certificate under the
Ordinance, and direct the secretary to enter the applicant's
name on the roll of midwives.

(3) When a candidate is approved for registration two
copies of a recent photograph (unmounted) must be sent
to the secretary of the Board; one of which shall be inserted
in the roll of midwives and the other affixed to the certificate
issued to the applicant by the Board.

. 7. Every midwife intending to start private practice
after a period of service as a certified midwife on a hospital
staff shall, before so starting, give notice of such intention
and of her intended professional address to the secretary of
the Board and the supervisor of ii-iidwives.

8. (1) Every midwife intending to continue in practice
shall in the month of January in each year give notice of
such intention to the secretary of the Board and to the
supervisor of midwives.

(2) Every practising midwife shall give immediate
notice of any change of address to the secretary of the Board
and to the supervisor of midwives.

(3) The provisions of paragraphs (i) and (2) shall not
apply to any midwife employed in the service of the Hong
Kong Government during die period of such employment.

9. Midwives in their practice shall comply with the.
directions to midwives made by the Board, and approved
by the Governor, copies of which will be issued by the
Director of Medical and Health Services and will be obtain-
able-gratis on application at any of the hospitals mentioned
in regulation 4 and from the supervisor of midwives. A





Midicives. [CAP. 162

midwife who neglects to comply with any of such directions
shall be admonished by the Board and the Board may, in
its discretion, either' suspend such midwife from practice for
a limited period or may order her certificate to be cancelled
and her name to be removed from the roll.

10. These regulations may be cited as the Midwives
Regulations.

S

~ ~'2,3 7 -
Regulations - Fraser, vol. 2, p. 623. G.N. 206/38. G.N. 504/39. G.N. 255/40. G.N. 479/46. G.N. 252/47. G.N. 615/47. G.N.A. 96/50. G.N.A. 96/50. G.N. 255/40. [r. 2 cont.] G.N. 255/40. G.N. 504/39. (Cap. 164.) G.N. 479/46. G.N. 252/47. [r. 6 cont.] G.N. 615/47.

Regulations - Fraser, vol. 2, p. 623. G.N. 206/38. G.N. 504/39. G.N. 255/40. G.N. 479/46. G.N. 252/47. G.N. 615/47. G.N.A. 96/50. G.N.A. 96/50. G.N. 255/40. [r. 2 cont.] G.N. 255/40. G.N. 504/39. (Cap. 164.) G.N. 479/46. G.N. 252/47. [r. 6 cont.] G.N. 615/47.

https://oelawhk.lib.hku.hk/items/show/1962

MIDWIVES ORDINANCE

CHAPTER 162.
MIDWIVES.

To secure the better training of midwives and io regulate

their practice.

[2nd September, 1910]

1. This Ordinance may be cited as the Midwives Ordinance.

2. In this Ordinance--

Board means the Midwives Board established under this
Ordinance;

certified rneans certified under this Ordinance;

'midwife' means a wornan who is certified and

enrolled. [14]

3. (1) Ever woman who not being certified and
enrolled under this Ordinance takes or uses any name, title,
Addition or description impiying that she is certified and
enrolled under this Ordinance or is a person specifically
qualilled to carry on the work of a midwife, or is recognized
by law as a midwife, shall upon summary conviction be
liable to a fine of five hundred dollars.

(2) Every woman who habitually and for gain attends women in
child-birth otherwise than under the direction of a medical practitioner
unless she is certified and enrolled shall upon summary conviction be
liable to a fine of five hundred dollars.

(3) No wornan shall be certified and enrolled until she has
complied with the regulations made under this Ordinance.

(4) No certified and enrolled woman shall employ an uncertified
woman as a substitute.

(5) The certificate under this Ordinance shall not confer on any
woman any right or title to be registered

under the Medical Registration Ordinance, or to assume any name title
or designation implying that she is by law recognized as a medical
practitioner, or that she is authorized





to grant any medical certificate or any certificate of death
or still-birht or to undertake the charge of cases of
abnormality or disease in connexion with parturition. [2]

4. (1) There shall be established a Midwives Board,
hereinafter called the Board, which shall consist of the Director
of Medical and Health Services, the Principal
Matron of Governnient Hospitals and eight other persons, two of
whorn shall be certified and enrolled midwives under this
Ordinance, appointed by the Governor. The Director of Medical
and Health Services Shall be the chairman of the Board. Each of
the appointed members shall hold office for such term, or subject
to such conditions, as the Governor may prescribe : Provided that
the Governor may at any time cancel anY appointment.

(2) The duties and powers of the Board shall be as follows

(a)to make regulations, subject to the approval of the
Governor

(i) regulating its own proceedings;

(ii) regulating the issue of certificates aiid the
conditions of admission to the roll of midwives;

(iii) regulating the course of training (including

such training after enrolment, at such intervals and
for such periods as the Board may prescribe) and
the conduct of examinations;

(iv) regulating, supervising and restricting within
due limits the practice of midwives

(v) deciding the conditions under which midwives
may be suspended from practice;

(vi) defining the particulars required to be given in any,
notice under section 8;

(b) to appoint examiners;

(c)to decide upon the places where and the times when
examinations shall be held;

(d) to publish annually a roll of certified midwives;

(e)to decide upon the removal from the roll of the name of
any midwife for disobeying the regulations
or for other misconduct, or of any midwife who,

in the unanimous opinion of the Board is so
inefficient, by reason of her refusal or neglect io
attend and complete to the satisfaction of the





Board a course required by any regulations for training
after enrolment that it would bc inimical to the interest
of patients to allow her to continue to practise and upon
the restoration to the roll of the nanic of any midwife so
removed;

(f) to issue and cancel certificates; and

(g)generally to do any other act or duty which may be
necessary fur the due and proper carrying out of the
provisions of this Ordinance.

(3) Upon any inquiry by the Board in connexion with the
removal of the name of any midwife under paragraph (e) of the
preceding subsection, such middwife shall be entitled to appear
and to be heard by counsel or solicitor.

5. There shall be a roll of midwives containing the names of
all certified midwives practising or authorized to practise in the
Colony. The entry on the roll shall in every case indicate the
conditions in virtue of which the certificate was granted.

6. Any woman thinking herself aggrieved by any
decision of the Board, cancelling her certificate and
removing from the roll of midwives may appeal

to the Covernor in Council within three months after the
notification of such decision to her.

7. The Board shall appoint a secretary and such other
officers is may be required who shall be removable at the
pleaure of the Board. The Director of Medical and Health
Services, or such person as he shall appoint, shall have the
custody of the roll. A copy of the roll purporting to be printed by
the authority of the Board or to be signed by the secretary shall
be evidence in all courts that such women therein specified are
certified and enrolled; and the absence of the name of any
woman from such copy shall be evidence, until the contrary is
made to appear, that such


woman is not certified and enrolled : Provided always that
in the case of any woman whose name does not appear in
such copy a certificate Under the hand of the of
the entry of the name of such woman on the roll shall be
evidence that such woman is certified and enrolled.





8. Every certified wornan, not already enrolled, who desires
to practise or to be authorised to practise in the Colony shall,
before holding herself out as a practising midwife or
commencing to practise as a midwife, give notice in writing to
the secretary applying for admission to the roll and shall pay an
enrolment fee of five dollars.

Every certified and enrolled woman who desires her name.
to be retained oil the roll on its next annual publication shall givp
notice of such desire in writing to the secretary in the month of
January and shall pay a retention fee of one dollar

Every such notice shall contain such particulars as may
be required by the regulations to secure the identification
of the person giving it; and every woman who omits to
give any of the said notices, or knowingly or wilfully makes
or causes or procures any other person to make any false
statement in any such notice, shall upon suniniarv convic-
tion be liable to a fine of two hundred and fifty dollars
Provided that every certified and enrolled woman in the service
of the Hong Kong Governnient shall be entitled to have
her name retained on the roll during the time she remains
so employed, without notification of such desire and
without payment of any

fee, and her name shall be so retained.

9. Every person who wilfully makes or causes to be
made any falsification in any matter relating to the roll
of midwives shall be guilty of a misdemeanor triable
summarilyand shall be liable to imprisonment for one
year. [10]

10. Nothing in this Ordinance shall apply to medical

practitioners [12 ]
Originally 22 of 1910. Fraser 22 of 1910. 17 of 1941. 30 of 1947. 30 of 1947. 9 of 1950. 22 of 1950. Short title. Interpretation. Certification. 2 Edw. 7, c. 17, s. 1. 22 of 1950, Schedule. 22 of 1950, Schedule.[cf. Cap. 161, s. 11.] [s. 3 cont.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. 17 of 1941, s. 2. 9 of 1950, Schedule. Duties of Midwives Board. 17 of 1941, s. 3. 17 of 1941, s. 3. 17 of 1941, s. 4. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. 22 of 1950, Schedule. 30 of 1947, s. 2. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. 22 of 1950, s. 3. Medical practitioners exempted. 2 Edw, 7, c. 15, s. 16.

Originally 22 of 1910. Fraser 22 of 1910. 17 of 1941. 30 of 1947. 30 of 1947. 9 of 1950. 22 of 1950. Short title. Interpretation. Certification. 2 Edw. 7, c. 17, s. 1. 22 of 1950, Schedule. 22 of 1950, Schedule.[cf. Cap. 161, s. 11.] [s. 3 cont.] Constitution of Midwives Board. 2 Edw. 7, c. 17, s. 3. 17 of 1941, s. 2. 9 of 1950, Schedule. Duties of Midwives Board. 17 of 1941, s. 3. 17 of 1941, s. 3. 17 of 1941, s. 4. Midwives roll. 2 Edw. 7, c. 17, s. 6. Appeal from the decision of the Board. 2 Edw. 7, c. 17, s. 4. Appointment of secretary; and supplemental provisions as to certificate. 2 Edw. 7, c. 15, s. 7. Notification of practice. 2 Edw. 7, c. 15, s. 10. 22 of 1950, Schedule. 30 of 1947, s. 2. Penalty for wilful falsification of the roll. 2 Edw. 7, c. 17, s. 12. 22 of 1950, s. 3. Medical practitioners exempted. 2 Edw, 7, c. 15, s. 16.

https://oelawhk.lib.hku.hk/items/show/1961

MEDICAL REGISTRATION ORDINANCE

CHAPTER 161.

MEDICAL REGISTRATION.

To consolidate and ainend the law regulating the registration of
pracklioners in medicine and surgery.

[14th October, 1935.]

1. This Ordinance may be cited as the Medical

Registration Ordinance.

2. In this Ordinance

'person registered', or words to the like effect, shall be deemed to
refer to a person registered tinder this Ordiiiance;

'practise' includes the diagnosis of any forni or forms of disease
whether the cases diagnosed be treated
medically or surgically or not: Provided that laboratory assistants
who work for or under a registered practitioner shall not by
reason only of such laboratory work be deemed to practise
medicine or surgery.

3. (1) Nothing in this Ordinance shall be deemed to affect the right
lit of any person of Chinese race, not being

a person taking or using, any name, title, addition or
to induce anyone to believe that he
is qualilled to practise medicine or surgery according to
modern scientific methods, to practise medicine or surgery
according to purely Chinese methods and to demand and
recover reasonable charges in respect of such practice.

(2) For the purposes of this section-

(a) the taking or using in Chinese by any person
of the name, title, addition or description of
or or or or or of any words or characters
implying specialization whell preceded by the
aforementioned characters shall not be deemed to be the
taking or using of a name, title, addition or description
calculated to induce anyone to believe that he is qualitied to
practise medicine or surgery according to modern scientific
methods Provided that in any English translation of such
characters the word 'Herbalist' must be included;





(b)the taking or using by any person of the name, title, addition
or description of

and the taking or using of words or characters
specialization if preceded by words or

implying specialization characters other than those specified
in paragraph (a) shall be deemed to be the taking or using of
a name, title, addition or description calculated to induce
anyone to believe that he is qualified to practise medicine or
surgery according to modern scientific methods.

4. (1) The Director of Medical and Health Services (hereinafter
referred to as the Director) sliall keep a register in the prescribed form
of medical and surgical practitioners qualified to practise medicine and
surgery in the Colony.

(2) Every person registered shall furnish to the Medical Board an
address within the Colony at which all notices from the Medical Board
may be served on him. This address shall be entered in the register.

5. The names of persons added to the register shall
be published in the Gazette. A copy of the register as it
then stands shall be published by the Director in the first
Gazette issued after every 3rd day of May. The absence
of the name of any person therefrom and from subsequent
issues of the Gazetle shall be prima facie evidence that such
person is not registered.

6. (1) The Director shall make the necessary alteration in the
addresses or qualifications of the persons registered, and cancel in the
register the names of all persons registered who have died or ceased
to be qualified.

(2) The Director may send a letter to any registered person
addressed to him according to his address in the register, to inquire.
whether he has changed his residence, and if he does not receive an
answer within six months he may cancel the name of such person.





7. Subject to the provisions of any Ordinance relating to stamp
duty, every registered person shall be entitled to practise medicine and
surgery in the Colony, and, except in the case of a person whose
conditions of employment do not permit him to do so, to demand and
recover reasonable charges for inedical or surgical aid rendered and
the cost of medicines or surgical appliances supplied by him.

8. Subject to the provisions of section 3, no person shall be
entitled to recover in any action any charge for any practice of
medicine or surgery by any person not registered.

9. (1) A Board, to be styled the Medical Board, shall continue to
function and shall consist, as heretofore, of the Director and the Serlior
Naval and Military Medical Officers for the time being in the Colony,
and two registered medical practitioners and three other fit persons
willing to serve who may be appointed by the Governor.

(2) A member appointed by the Govertior shall hold office for
three years, and may be reappointed or removed by the Governor at
his pleasure.

(3) Three members of the Medical Board shall form a quorum.

(4) The Director shall be ex officio the chairman of the Medical
Board; but in the case of his absence from anymeeting of the Board,
the members of the Board present shall appoint any other of its
members as chairman. The chairman shall have a deliberative and a
casting vote.

(5) The Board may make standing ordersfor

regulating the procedure' at, and in connexion with its
meetings [10]

10. (1) The following persons shall be entitled to be registered in
the register

(a)any person who is duly registered according to law as a
medical and surgical practitioner in any other part of His
Majesty's dominions and therein is entitled to practise
medicine, surgery and midwifery Provided that such person's
qualification is accepted by the General Council of Medical





Education and Registration of the United Kingdom as
admitting to registration by them

(b)any person who holds any degree of medicine and
surgery granted by the University of Hongkong;

(c)any person who holds a degree, diploma or licence in
medicine and surgery of any medical school the
degrees, diplomas, and licences of which are recognized
as entitling to registration by the General Council of
Medical Education and Registration of the United
Kingdom ;

(d)any licentiate of the former Hong Kong College of
Medicine:

(2) Provided always that any such person shall prove
to the satisfaction of the Medical Board that he is of good
character and possesses an adequate knowledge of the
English language, both spoken and written: Provided
also that any person who was on the 7th day of May,
1948 included in Part II of the register as constituted bY
section 4 Of the Medical Registration Ordinance, 1935,
shall be deemed to be registered in the register in like
Manner as if such inclusion entitled him to be so registered
and as if he had duly applied for and obtained registra-
tion. [11]

11. (1) Documentary or other evidence of the identity of any
person applying for registration under section 10 and of the facts
and qualifications therein referred to shall he submitted to and
forthwith considered by the Medical Board.

(2) If the Medical Board is satisfied with the proofs
submitted, it shall grant to such person a certificate in
the prescribed form.

(3) Such certificate shall be impressed with a stamp of
twenty-five dollars, and, on production to the Director shall
entitle such person to registration as a medical practitioner.

(4) Every person applying for registration under


section to shall furnish to the Medical Board an address within
the Colony at which all notices from the Medical Board may be
served on him. Notice of the decision of the Medical Board shall
be served on the applicant it the

address so furnished. [12]





12. (1) If any registered practitioner is convicted of any offence or
after due inquiry is

judged by the Medical
Board to have been guilty of infamous conduct in anv professional
respect, the Medical Board shall have power to make any such order
as to removing from or striking off the register the name of the
registered practitioner convicted of such offence or Judged guilty of
such conduct as aforesaid, as to Suspending him from practice, as to
censure, as to the payment of costs by any party attending the inquiry,
and otherwise in relation to the case as the Medical Board may think
fit.

(2) It shall be Jawful for the Medical Board to publish the result of
any inquiry held under this section either with or without aii account
of proceddings at the said inquiry.

(3) The Medical Board may also after due inquiry direct the name
of any person to be struck off the register who, in their opinion

(a)has obtained registration by fraud or misreprentation ; or

(b)was not at the time of registration entitled to be registered.

(4) Reasonable notice of any proposed inquiry under this section
shall be served on the person concerned.

(5) Notice of the decision of the Medical Board shall in all cases
under this section be served on the person concerned.

(6) The striking off the register under this section or the
publication under subsection (2) shall not take place until after the
expiration of fourteen days from the date of the service of the decision
of the Medical Board on the person concerned and in case of appeal
shall await the decision of the Governor in Council.

(7) The Medical Board may, if it thinks fit, at any time direct that
the name of a registered practitioner whose name has been removed
from or struck off the register be replaced thereon.

(8) The notice of any decision and any order or direction made by
the Medical Board as aforesaid shall be





signed by the Secretary of the Medical Board and may be filed with
the Registrar of the Supreme Court and when

so filed shall be enforceable in the same manner as a

judgment or order of the Supreme Court to the like
effect. [13]

13. Every person who fraudulently procures or attempts
to procure himself or any other person to be registered by
making or producing, or Causing to be made or produced,
any false or fraudulent representation or declaration, either
oral or in writing, and every person who aids and assists
him therein, shall be guilty of a misdemeanor triable

summarily, and shall be liable to imprisonment for two
years. [14]

14. Subject to the provisions of section 3 every person who

(a)wilfully and falsely takes or uses any nanie, title, or addition
iniplying a qualification to practise medicine or surgery; or

(b)not being registered, practises for gain, professes to practise,
or publishes his name as practising medicine or surgery, or
receives any payment as practising medicine or surgery,

shall upon summary conviction be liable to a fine of two thousand
dollars and to imprisonment for six months. [15]

15. Any notice directed to be served on any person under the
provisions of this Ordinance shall, if such notice shall have been
posted by registered post to his address given in the register, or, if
such person be not registered, then to the address furnished by hirn
to the Medical Board, be deemed to have been served on such person
at the time of posting.

16. A right of appeal from any decision of the Medical Board
under this Ordinance shall he to the Governor in Council. Such appeal
shall he by means of a written petition. Such petition shall be
presented within fourteen days from the date of service of the notice
of the decision of the Medical Board on the person concerned. With
such petition the Governor in Council may Consider any written reply
of the Medical Board to such petition. The decision of the Governor in
Council upon such petition shall

be final. [171





17. The following shall not be required to be registered
under this Ordinance but shall be deemed to be medical
practitioners while so serving, or holding he appointment
specified-

(i) Government medical officers;

(ii) medical officers of His Majesty's Navy, Army or Air
Force serving, in the Colony;

(iii) any person appointed by the University of Hong for
the purpose of teaching in the pathological department of the
faculty of medicine, or in the clinical units of medicine or of
surgery or of obstetrics and gynaecology in such faculty and whose
whole Glue is at the disposal of such University.

18. The Governor in Council may make such regulations
govening the issue of medical certificates of death as he may
deem to he necessary or expedient. [19A]

MEDICAL REGISTRATION.

SCHEDULE.

FORM 1. [s. 4(1).]

MEDICAL REGISTER.

(Medical Registration Ordinance, Chapter 161 of the Revised Edition).

Persons qualified to practise Medicine and Surgery generally and authorized
by the Governor to sign medical certificates of the cause of death for the
purposes of the Births and Deaths Registration Ordinance. (chapter 174 of the
Revised Edition).






FORM 2. [s. 11 (2).]

CERTIFICATE OF QUALIFICATION FOR REGISTRATION
IN THE REGISTER.

HONG KONG

Impressed
Stamp.

$25.

This is to certify that A.B. has
satisfied the Medical Board that he is
duly registered according to law as a
medical practitioner in
and
therein is entitled to practise medicine, surgery and midwifery,
and also that he is entitled to be registered by the General Council
of Medical Education and Registration of the United Kingdom (or
that he holds the degree of
of the University of Hong Kong, or that he holds a degree, diploma
or licence in medicine and surgery of
which is a medical school the degrees, diplomas and licences of which
are recognized as entitling to registration by the General Council of
Medical Education and Registration of the United Kingdom); that
he is of good character; and that he is entitled to be registered in
the register under the Medical Registration Ordinance. (Chapter
161 of the Revised Edition).

Dated the ..day of .........19

By order,

C.D.
Secretary of the Medical Board.
41 of 1935. 1 of 1940. 5 of 1941. 12 of 1949. 22 of 1950. 37 of 1950. Short title. Interpretation. Saving of rights of Chinese persons who practise according to Chinese methods. 12 of 1949, s. 2. [s. 3 cont.] Register of practitioners. Schedule Form 1. 12 of 1949, s. 3. Publication of copy of register and of additions to the register. Making alterations in register. Subject to Stamp Ordinances registered person may practise and recover charges. Unregistered person not to recover charges. Constitution of Medical Board. Persons entitled to be registered in the register. 12 of 1949, s. 5. [s. 10 cont.] 12 of 1949, s. 5. 12 of 1949, s. 5. 5 of 1941, s. 2. 12 of 1949, s. 5. (41 of 1935). Evidence of qualification of person applying to be registered. Schedule From 2. Power of Medical Board to strike off the register, suspend, censure, etc. 5 of 1941, s. 3. 5 of 1941, s. 3. 5 of 1941, s. 3. [s. 12 cont.] Fraudulent registration. 22 of 1950, s. 3. Penalty on person falsely taking name implying qualification. 12 of 1949, s. 6. Service of notices. Appeal. Saving as to certain Government, Naval, Military or Air Force Medical Officers. 37 of 1950, Schedule. Power of Governor in Council to make regulations. 12 of 1949, s. 8. 12 of 1949, s. 7.

41 of 1935. 1 of 1940. 5 of 1941. 12 of 1949. 22 of 1950. 37 of 1950. Short title. Interpretation. Saving of rights of Chinese persons who practise according to Chinese methods. 12 of 1949, s. 2. [s. 3 cont.] Register of practitioners. Schedule Form 1. 12 of 1949, s. 3. Publication of copy of register and of additions to the register. Making alterations in register. Subject to Stamp Ordinances registered person may practise and recover charges. Unregistered person not to recover charges. Constitution of Medical Board. Persons entitled to be registered in the register. 12 of 1949, s. 5. [s. 10 cont.] 12 of 1949, s. 5. 12 of 1949, s. 5. 5 of 1941, s. 2. 12 of 1949, s. 5. (41 of 1935). Evidence of qualification of person applying to be registered. Schedule From 2. Power of Medical Board to strike off the register, suspend, censure, etc. 5 of 1941, s. 3. 5 of 1941, s. 3. 5 of 1941, s. 3. [s. 12 cont.] Fraudulent registration. 22 of 1950, s. 3. Penalty on person falsely taking name implying qualification. 12 of 1949, s. 6. Service of notices. Appeal. Saving as to certain Government, Naval, Military or Air Force Medical Officers. 37 of 1950, Schedule. Power of Governor in Council to make regulations. 12 of 1949, s. 8. 12 of 1949, s. 7.

https://oelawhk.lib.hku.hk/items/show/1960

MARINE HAWKERS REGULATIONS

MARINE HAWKERS.

MARINE HAWKERS REGULATIONS.

(Cap. 160).
(Ordinance No. 26 of 1950).

[1st October, 1950.]

1. These regulations may be cited as the Marine
Hawkers Regulations.

2. Any person desirous of obtaining a licence to trade
as a marine hawker shall apply to the Director of Marine
on the form provided for that purpose at the Marine Depart-
ment and furnish such copies of his photograph not exceed-
inf four as the Director of Marine may require.

3. The annual licence fee to trade as a marine hawker
on steamships shall be $60; and on native craft, $35.

4. (1) The forms of licences shall be respectively
those in Forms 1 and 2 in the Appendix.

(2) The licence shall. specify the commodities or handi-
craft in which the licensee shall trade.

5. Every licensee shall confine his trade exclusively to
that specified in his licence and to the particular area (it
any) in the waters of the Colony so specified.

6. Every licence shall expire on 30th September follow-
ing the date on which it is granted. Annual renewals may
be granted on payment of fees equivalent to the licence fee.

7. (1) The Director of Marine may in his absolute
discretion refuse to grant or renew any licence.

(2) The Director of Marine may revoke a licence if the
licensee is convicted of any offence against these regulations.
He may also revoke a licence on the ground of a breach of
any condition of the licence by the licensee or on the ground
of the general unsuitability of the licensee to-hold a licence :
Provided that revocation for breach of condition or for





general unsuitability of the licensee as aforesaid shall not be
made until the licensee has been given an opportunity to
show cause against such revocation.

8. Renewals if granted shall be endorsed on the licence.

9. If the Director of Marine is satisfied that a licence
has been lost or destroyed, or accidentally defaced, he may
issue a duplicate on payment of a fee of $5.

10. No person shall alter, deface or make any erasure
on a licence, and no person shall use, or have in his posses-
sion with a view to use, a licence on which an erasure has
been made, or which has been altered or defaced in any way.

11. When trading, every licensee shall carry his licence
and. shall produce the same to any police officer, marine
officer, health officer, health inspector or revenue officer, on
demand. Such officer may retain such licence for examina-
tion by the Director of Marine, and such licence shall, unless
revoked, be returned to the licensee within a reasonable time.

12. No licensee shall board any ship without the written
permission of the owner or agent and also the permission of
the master. No licensee shall board any native craft without
the permission of the master.

13. Every licensee shall collect and remove all refuse
caused by his trade and shall keep his boat and the imple-
ments of his trade clean.

14. (1) No licensee shall sub-let, transfer or lend his
licence, or lapel card to any other person.

(2) Every licensee shall attend his trade personally and
shall not depute any other person to trade for him in his
stead.

15. (1) No licensee shall use or utter any trade cry or
make any objectionable noise for the purpose of attracting
attention to his trade.

(2) No licensee shall behave in a manner importunate
towards, or calculated to obstruct, disturb or annoy, any
person.





16. The Director of Marine shall issue to every licensee
a lapel card bearing his name, licence number and particulars
of licence, and the licensee shall when trading, wear such
lapel card in a conspicuous part of his attire so as to be
clearly visible. If a licensee loses his lapel card the fee for
a duplicate shall be $i.

17. No licensee shall trade in a manner likely to obstruct
any vessel.

18. No licensee shall trade in-
(a)kerosene, gunpowder, firecrackers or any other
description of dangerous goods as defined by the
Dangerous Goods Ordinance 1873;
(b)liquor, cigars, tobacco, cigarettes or any other
dutiable goods;
(c)marine stores as defined by the Marine Stores
Protection Ordinance.

19. No licensee shall knowingly let fall or throw any
refuse into the harbour.

20. (1) No licensee shall trade on shore.

(2) The hours of trade for a licensee on steamships shall
be 6 a.m. to 9 p.m. but on ferry vessels the hours of trade
shall be 6 a.m. to midnight. For a licensee on native craft
the hours of trade shall be 6 a.m. to 9 p.m. but in junk
anchorages from 6 a.m. to midnight. No licensee shall
trade other than during such hours.

21. (1) Every licensee licensed to sell food shall if lie
provides eating utensils or chopsticks, provide also an
adequate amount of boiling water with which to cleanse such
articles after use by one customer and before use by another.

(2) Every such licensee shall be subject to such medical
regulations as may be imposed on other handlers of food
in restaurants and shall if so required by the Director of
Marine, submit himself to periodical medical examination.

22. Any licensee who acts in contravention of regula-
tion 5 or of regulations 10 to 21 inclusive shall be liable
on summary conviction to a fine of five hundred dollars and
to imprisonment for six months.





APPENDIX.

FoRm 1.
(Native Graft).
Marine Hawker's Licence.
L.icence Ne. Date of issue:
............. 1 1. of
is hereby licensed to sell (here specify the goods) (o**r'*t'r'a'd'e'*a*'s'*a*
....................................... as the case may be) -
from iicensed boat No . and on native craft in the
harbour of Hong Kong (or as the case may be) until ..................
day of ........19 ...subject to the conditions and
for the further periods endorsed hereon.
Conditions.
The licensee shall observe the regulations made under the Marine
Hawkers Ordinance (Chapter 160 of the Revised Edition).

....................
Photograph Director of Marine.

FoRm 2.
(Steamship).
Marine Hawker's Licence.
Licence No. Date of issue:
.............. of
is hereby licensed to sell (here specify the goods) (or trade as a
.............. as the case may be)
on ard steamships in the harbour of Hong Kong (or as the case
may be) until the ...............day of 19
subject to the conditions and for the further periods endorsed hereon.
Conditions.
The licensee shall observe the regulations made under the Marine
Hawkers Ordinance (Chapter 160 of the Revised Edition).

Photograph Director of Marine.
Ord. 26 of 1950, s. 5, Schedule. Citation. Application for licence. Licence fee. Forms of licence. Trading area, &c. Expiry of licence. Discretionary powers of Director of Marine. Renewal. Loss of licence. Defacement of licence. Production of licence. Boarding of vessels. Refuse, etc. Sub-letting, etc. Trade cries. Lapel card. Obstruction. Dangerous goods, &c. (Ord. 1/1878.) (Cap. 143.) Throwing refuse. No trading on shore. Hawking food. Offences.

Ord. 26 of 1950, s. 5, Schedule. Citation. Application for licence. Licence fee. Forms of licence. Trading area, &c. Expiry of licence. Discretionary powers of Director of Marine. Renewal. Loss of licence. Defacement of licence. Production of licence. Boarding of vessels. Refuse, etc. Sub-letting, etc. Trade cries. Lapel card. Obstruction. Dangerous goods, &c. (Ord. 1/1878.) (Cap. 143.) Throwing refuse. No trading on shore. Hawking food. Offences.

https://oelawhk.lib.hku.hk/items/show/1959

MARINE HAWKERS ORDINANCE

CHAPTER 160.

MARINE HAWKERS.

To provide for the licensing and control of marine hawkers

[1st October, 1950.]

1. This Ordinance. may be cited as the Allarine Ordinance.

2. In this Ordinance-

'marine hawker' includes any person who in the waters of the Colony

(a) trades in any vessel; or

(1))goes from place to place or goes on board any vessel,
selling or exposing for sale any goods, wares or merchandise
for immediate delivery, or exposing samples or patterns of
any goods, wares or merchandise for subsequent delivery.,
or selling or offering for sale his skill in handicraft;

place includes any boat or vessel or any spot within the waters of the
Colony;

'vessel' shall have the meaning assigned thereto in section 2 of the
Merchant Shipping Ordinance, 1899.

3. Any person who trades as a marine hawker except

under and in accordance with a licence issued by the Director of
Marine in accordance with regtilations made under this Ordinance
shall be guilty of an offence.


4. The Governor in Council may make regulations for the control
by registration, licensing or otherwise of marine hawkers and for
prescribing fees upon such registration Or licensing


5. (1) Any person who commits an offence against this Ordinance
shall be liable on summary conviction to a fine of five hundred dollars
and to imprisonment for six months.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an offence and a person guilty of such
an offence shall be liable on summary conviction to a fine of five
hundred dollars and to imprison-





ment for six months unless a lesser penalty is prescribed
by such regulation.
[16]


6. (1) In the absence of a police officer it shall be lawful for
anv marine officer, health officer, health inspector or revenue
officer in whose presence an offence against this Ordinance or
any regulation made heretinder has heen committed, to arrest the
offender and either to give him into the custody of a police
officer or take him to the nearest police station : Provided that no
such arrest shall be effected unless it is impracticable to proceed
against the offender by complaint and summons

(2) Where an offence against this Ordinance or any
regulation heretinder has been committed a police offlicer,
Marine officer, health officer, health inspector or revenue officer
may convey or cause to be conveyed before a magistrate the
goods, wares, merchandise, samples or patterns being sold,
exposed or delivered, and the utensils or other paraphernalia in
the apparent use of the offender, and the magistrate may, on
conviction of the offender, order
the forfeiture of all such goods, wares, merchandise, samples,
patterns, utensils or paraphernalia, in addition to or in substitution
for any other punishment prescribed. [7]
26 of 1950. 37 of 1950. Short title. Interpretation. (10 of 1899). Prohibition of trading as marine hawker without licence. Power to make regulations. Penalties. [s. 5 cont.] Power of arrest and order of forfeiture. 37 of 1950, Schedule.

26 of 1950. 37 of 1950. Short title. Interpretation. (10 of 1899). Prohibition of trading as marine hawker without licence. Power to make regulations. Penalties. [s. 5 cont.] Power of arrest and order of forfeiture. 37 of 1950, Schedule.

https://oelawhk.lib.hku.hk/items/show/1958

EXAMINATION (ARTICLED CLEARKS) REGULATIONS

LEGAL PRACTITIONERS

EXAMINATION (ARTICLED CLERKS) REGULATIONS.

(Cap. 159, section 18 (1)).
(Ordinance No. 37 Of 1948).

[16th July, 1948.]

1. The final examination shall be set by examiners
appointed by the Law Society in England and shall be based
upon the subjects contained in the syllabus for the time
being applicable to candidates for the solicitors' final
examinations in England but modified in such manner as
the Society may from time to time recommend.

2. A candidate for the final examination shall-
(a)give to the registrar and to the Societs, six months'
notice in writing of his intention to sit for such
exarnination stating whether lie will present himself
for examination in England or Hong Kong, and
shall furnish to the registrar affidavits by the
candidate and by one or more persons having
knowledge of the facts, setting forth particulars of
his legal training and studies in Hong Kong or in
England up to the date of the notice and of any
arrangements for further training and study, if
uncompleted, on the said date: Provided that the
candidate shall furnish to the Society certified copies
of such affidavits and such additional evidence of
his training and study up to the date of his examina-
tion as the Society may require;
(b)pay to the Society, in local currency fees equivalent
to ¢G15 sterling.

3. The Society shall, upon being satisfied with the
legal training which the candidate has received in Hong
Kong or in England, arrange for the holding of the examina-
tion in the place specified and shall notify the candidate
of the place and times at which he shall be required to
attend.

4. If the Society is not satisfied with the legal training
which the candidate has received in Hong Kong or in





England, the examination shall be postponed until the
candidate has fulfilled any conditions as to his further legal
training or otherwise that the Society may impose and until
the fulfilment of such conditions has been verified by
affidavit to the satisfaction of the Society.

5. The examiners shall in due course certify whether
the candidate has passed or failed in the examination and
any certificate issued by the examiners through the Law
Society in England and forwarded to the Society shall be
evidence of such passing or failure.

6. The Society shall upon receipt of the certificate
referred to in regulation 5 issue a certified copy to the
candidate.

7. Upon receipt of a certificate that the.candidate has
passed the final examination and subject to compliance with
the other provisions of section 25 of the Ordinance, he shall
be entitled to apply for admission under the said section.

8. Il a candidate fails to satisfy the examiners lie sh ' all
be entitled to give notice of his desire to be re-examined :
Provided that such re-examinatiop shall not be held until
at least six nionths after receipt by the Society of the
certificate of failure in the earlier examination.

9. These regulations shall save as regards regulation
8 apply to any re~examination.

10. These regulations may be cited as the Examination
(Articled Clerks) Regulations. '
Ord. 37 of 1948, s. 18 (1) Third Schedule.

Ord. 37 of 1948, s. 18 (1) Third Schedule.

https://oelawhk.lib.hku.hk/items/show/1957

LEGAL PRACTITIONERS ORDINANCE

CHAPTER 159.

THE LEGAL PRACTITIONERS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section....................................
Page

1..........Short title ........................ ... ... ... ... ... ... 222

2. Interpretation................. ... ... ... ... ... 222

PART I

ADMISSION AND REGISTRATION OF LEGAL
PRACTITIONERS.
Service and examination of articled clerks.

3. Regulations for preliminary, examination - . ... ... ... 223

4. Formalities on execution of articles and of any assignment 224

5. Enrolment of articles, etc . ............ ... ... ... ... ... 224

6. Leave to extend period ..................... ... ... ... ... 224

7. Articled clerks limited to two ............. ... ... ... 225

8. Restriction on employment of articled clerks ... ... ... 225

9. Notice of articles to Society and evidence of character, etc. 225

10. Service to be continuous and exclusive ... ... ... ... 226
11. Articled clerks not to take other employment ... ... ... 226

12. Articled clerks not disqualified by disqualification of principal 226

13. Discharge or assignment of articles in case of bankruptcy 226

14. Power of Society to discharge articles in certain cases. ... 226

15. Fresh articles in certain cases ........... ... ... ... ... 227

16. Term of articles . ..................... ... ... ... ... ... 227

17. One year's absence in England to count in articles ... ... 227
18. Notice to sit for final examination. Regulations . ... ... 227

19. Fees for examination ...................... ... ... ... 228

20. Exemption of disbarred barrister from service under articles. 228

21. Notice of intention to apply for admission ... ... ... 228
22 Further formalities on applying for admission ... ... 228

23. Evidence of service .................... ... ... ... ... ... 229

ADMISSION AND ENROLMENT OF BARRISTERS AND SOLICITORS
AND REGISTRATION OF NOTARIES PUBLIC.

24. Prohibition against practice unless admitted, enrolled or

registered .... . .................... ... ... ... ... 229



25. Power of the court to admit and enrol solicitors qualified

under this Ordinance ................... ... ... ... ... 229

26. Power of the court to admit and enrol barristers and solicitors

from England or Northern Ireland........ ... ... ... ... 230

27. Formalities for admission under section 26 ... ... ... 230

28. Society's general right of audience ..... ... ... ... ... 231

29. Oath of allegiance on admission ......... ... ... ... ... ... 231

30. The rolls ............................... ... ... ... ... ... 231

31. Registration of notaries public.......... ... ... ... ... ... 232





REMOVAL FROM THE ROLL OR REGISTER AND SUSPENSION
FROM PRACTICE OF SOLICITORS,
BARRISTERS AND OF NOTARIES PUBLIC.
Section ..................Page

32. Limit of one year to strike off for irregularity in articles,

service, etc . ............................ ... ... ... ... 232

33. Power of court to strike off or suspend a solicitor ... 232
34. Power of court to strike off or suspend barrister ... 233

35. Power of court to strike off or suspend notary public ... 233

36. Power of Committee to inquire into conduct of solicitor 233

RESTORATION TO THE ROLL OR REGISTER.

37. Power of Chief Justice to replace name on roll ... 234

PART II

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNEXION
WITH PRACTICE.

38. Penalty for unlawfully practising as a barrister or notary

public ................................ ... ... ... ... ... 234

39. Unqualified person not to act as solicitor ... ... ... 235
40. Penalty for pretending to be a solicitor ... ... ... 235

41. Penalty on unqualified person preparing certain instruments. 235

42. Penalty for unqualified person preparing memorials, etc.,

under Cap. 128 or 97 .................. ... ... ... ... 236

43. Penalty for unqualified person preparing papers for

probate, etc . ........................ 236

44. No costs for unqualified person ........ ... ... ... ... ... 237

45. Solicitor not to act as agent for unqualified person ... ... 237
46. Application of penal provisions to body corporate ... ... 237

47. Employment by solicitor of persons struck off or suspended 238

48. Solicitors not to commence or defend actions while in prison. 238

49. Penalty on failure to disclose fact of having been struck

off, etc . ............................. ... ... ... ... 238

PART III.

REMUNERATION OF
SOLICITORS.
Non-contentious Business.

50. Character of service considered in taxation of costs ... ... 239

51. Agreement for remuneration for non-contentious business 239





52. Remuneration of a solicitor who is a mortgagee ... ... 240

Contentious Business.

53. Power to make agreements- contentious business ... ... 240
54. Miscellaneous provisions-contentious business ... ... 241

55. Death, incapability, or change of solicitor, etc . ... ... ... 243

56. Agreement excludes taxation ............ ... ... ... ... ... 244

57. Miscellaneous provisions as to remuneration for contentious

business................................ ... ... ... ... ... ... 244





Section General Provisions as to Remuneration. Page

58. Power to court to order delivery of bill and deeds ... 245

59. Action to recover costs ................... ... ... ... ... 245

60. Taxation of bills ...................... ... ... ... ... ... 246

61. Taxation on application of third parties and beneficiaries
under trustee, etc. 247

62. .....................General provisions as to taxations
............................................248

63..............Charg-ing orders .............. ... .. ... ... ... ... 248

64........................Revival of order for payment of costs ... 249

PART IV.

MISCELLANEOUS AND
GENERAL.

65. Regulations by Chief Justice .......... ... ... ... ... ... 249
66. Committee may act for Society ........... ... ... ... ... ... 249

67. Authentication of Society's rules and documents ... ... 249

68. Committee may inspect file in bankruptcy ... ... ... 249

69. Savings for members of Colonial Legal Service, etc . ... 249

70. Savings for persons authorized to conduct legal proceedings 250

71. Officer of Supreme Court ................ ... ... ... ... 250

72. Admissions, orders, etc. under repealed Ordinance ... ... 250

73. Provisions as to examination, admission, etc., to apply from

date of this Ordinance ................. ... ... ... ... 250

74. Fees ......... . ............... ... ... ... ... . 250

SCHEDULES

First Schedule-Term of Articles . ..... 251

Second Schedule-Recognized Universities ... ... 251
Third Schedule-Fees payable to Registrar ... ... 252

Fourth Schedule-Fees payable to Society ... ... ... 252





CHAPTER 159.

LEGAL PRACTITIONERS.

To repeal and replace the laws relaling to the legal profession.

[16th july, 1948]

1. This Ordinance may, be cited as the Legal Practitioners

Ordinance.

2. In this Ordinance

'articles' include any contract in writing whereby any persoll is bound
to serve apprenticeship as clerk to a solicitor and shall include any
such contract duly entered into prior to the date of this Ordiiiance;

'client'(except in relation to non-content tent contentious business)
includes any person who is principal or on behalf of another
person retains or employs, or is about to retain or employ, a
solicitor, and any person who is or may be liable to pay a
solicitor's costs;

'Committee' or 'The Committee of the Law Society' means the
committee of the Society elected in accordance with the
provisions of its articles of association ;

' contentious business' includes any business done by a solicitor in
any court, whether as a solicitor or is an advocate;

'costs' includes fees, charges, disbursements, expenses and
remuneration ;

'Law Society' or 'Society' means the Incorporated Law Society of
Hong Kong ;

'non-contentious business' includes any business connected with
sales, purchases, leases, mortgages, settlements and other
matters of conveyancing;

'qualified barrister' shall not include a person who has not been
approved, admitted and enrolled as such under section 26 or a
barrister whose name has been removed from or struck off the roll
and has not been restored or a barrister suspended at any material
time from practice;

'qualified notary' shall not include a person who has not been
registered as a notary public under section 31 or a notary public
whose name has been removed froni or struck off the register kept
under section 31 and lias not been restored or a notary public
suspended at any material time from practice;





'registrar' means the Registrar of the Supreme Court;
'solicitor' means a solicitor of the Supreme Court;

'unqualified person' means a person who has not been duly
approved, admitted and enrolled as a solicitor, under this or any
previous Ordinance or who, being such a solicitor, is at any
material time suspended from practice or whose name has been
struck off or removed from the roll and has not been restored.

PART I

ADMISSION AND REGISTRATION OF LEGAL PRACTITIONERS.

Service and examMation of articled clerks

3. (1) The Chief justice may make regulations, subject to the
approval of the Legislative Council, for the preliminary examination of
persons intending to become bound under articles of clerkship to
solicitors in order to ascertain the fitness of such persons to become so
bound, having regard to their general learning and education and to
their character aiid conduct.

(2) No such preliminary, examination shall be necessary in the
case of any person who has passed the matriculation or other
corresponding examination of any university specified in the Second
Schedule, or who has passed an examination which would in England
exempt him froni passing the preliminary examination of the Law
Society there or which would permit him to enter the University of Hong
Kong without further examinations.


(3) The Chief justice may in special circumstances exempt any
person from the preliminary examination or any part thereof either
unconditionally or subject to such conditions as he may think fit.

(4) Articles of clerkship shall be null and void unless the intended
articled clerk has passed one of the examinations referred to in
subsection (2) or has passed the preliminary examination referred to in
subsection (i) or has obtained from the Chief justice an order exempting
him from such preliminary examination.

(5) The examiners shall certify the result of every such preliminary
examination to the court within one week from the completion of the
same or within such further time as





the court may allow. Every such certificate shall be in writing signed by
the examiners or any two or more of them and shall state to the effect
that the examiners or the majority of them find that the candidate is or
is not fit to become bound under articles as aforesaid.

4. (1) Articles whereby any person becomes bound to serve as
clerk to any solicitor, and every assignment thereof, shall be produced
to the registrar within one month after the same have been executed,
and the person so bound as aforesaid shall, within the said period,
furnish evidence on affidavit of such solicitor having been duly
admitted, aiid also of the actual execution of the articles or assignment
by the parties thereto.

(2) In every such affidavit there shall be specified the names of
such solicitor and of the person so bound and the day on which such
articles were or assignemnt was actually executed, and such person
shall also, within the said period, file the said affidavit in the court.

5. (1) Within the said period of one, month and on the filing of the
affidavit required by section 4 and the payment of the prescribed fees,
the registrar shall enrol and register the articles or assignment, and
shall make and sign a memorandum thereon and on the affidavit of the
day on which the same was filed.

(2) The registrar shall likewise enter the names of tile parties to and
the date of such articles or assignment and the term of service in a
book to be kept for that purpose, and shall mark such articles or
assignment as having been so entered, with the date thereof, and the
said book shall be open to public inspection during office hours
without fee or reward.

6. The formalities prescribed by sections 4 and 5 may be observed
and performed after the expiration of the period of one month therein
specified, by leave of the Chief justice, but the service of the clerk so
bound as aforesaid shall be reckoned to commence and be computed
from the date when such leave is granted or in the case of an
assignment, his service shall be suspended from the expiration of the
said period of one month until the date when such leave is granted,
unless the Chief justice otherwise orders.





7. No solicitor shall have more than two articled clerks at the same
time

8. (1) No solicitor who has not at some time been in continuous
practice as a solicitor for a period of five years shall, without special
leave in writing of the Society, take any articled clerk.

(2) No solicitor shall take or retain any articled clerk after he has
ceased to practice as a solicitor in the Colony or while he is employed
as a clerk to another solicitor.

(3) A solicitor shall not be deemed to have ceased to practise as a
solicitor in the Colony for any period between the 25th day of
December, 1941, and the 30th day of August, 1945 : Provided that for
the purpose of this Ordinance, no service under articles of clerkship
shall between the said dates count towards any prescribed period of
service under articles.

(4) Service by an articled clerk to a solicitor who has taken him in
contravention of the provisions of this section shall not be deemed to
be good service by the clerk under his articles.

9 (1) Not less than six weeks before any person
becomes bound by articles of clerkship he shall give notice
to the Society of his intention so to do, and shall furnish the
Society with such evidence as to his character, and his fitness
and suitability for service under articles, as the Chief justice
may by rules require.

(2) The Society, if they are satisfied with the evidence so
furnished, shall issue to the person in question their written consent to
his entry into articles.

(3) The registrar shall refuse to register any articles produced to
him under section 4 unless the articles are accompanied by a consent
issued under this section and dated not earlier than one month before
the date of production of the articles.

(4) Service by a clerk under articles of which registration has been
refused under this section shall not be deemed to be good service by
the clerk under his articles.





10. Subject to the provisions of this Part, every articled clerk shall,
during the whole term of his articles, be actually employed in the
proper business, practice and employment of a solicitor by the solicitor
to whom he is articled.

11. No person bound by articles of clerkship to any solicitor as
aforesaid shall, during the term of service mentioned in such articles,
hold any office or engage in any employment whatsoever other than
the employrnent of clerk to such solicitor and his partners if any, in the
business, practice or employment of a solicitor.

12. No person shall be disqualified for admission as a solicitor, or
be liable to be struck off the roll, by reason only of any solicitor whom
he has served for any period having been after the termination of that
period, removed from or struck off the roll.

13. In case any solicitor to whom any clerk is articled becomes
bankrupt before the expiration of the term or executes a trust deed for
the benefit of his creditors under any Ordinance relating to bankruptcy
or is imprisoned for debt and remains in prison for the space of twenty-
one days, it shall be lawful for the court, on the application of such
clerk to order aiid direct the articles to be discharged or assigned to
such person, on such terms aiid in such manner as the court thinks fit.

14. If-

(a)during the term of any articles the clerk has been
continuously absent froni the solicitor's place of business for
a period of three months or longer (except with the consent
of the Committee or when the clerk shall proceed to England
under the provisions of section 17) ; or

(b)the Society are for any other reason of opinion that the
articles ought to be discharged;

the Society may, on the application of the solicitor or the clerk
discharge the articles upon such terms, including terms as to return of
premium as they think fit, and determine what period, if any, of service
by the clerk under the articles shall be deemed to be good service.





15. (1) Where before the expiration of the term for which a clerk is
articled the solicitor to whom he is articled ceases to practise as a
solicitor in the Colony, or dies, or his articles are cancelled by mutual
consent or discharged by the court or the Society, the clerk may be
bound by fresh articles to another practising solicitor for the residue of
the said term and service under those articles in accordance with the
provisions of this Part shall be good service.

(2) The foregoing provisions of this Part with respect
to the registration of articles shall apply to fresh articles
entered into in accordance with the provisions of this section.

16. The term for which a person desirous of being admitted as a
solicitor, not being a person exempted from service under articles by
virtue of any provision of this Ordinance, is required to be bound by
and serve under articles shall be determined in accordance

with the provisions of
the First Schedule. Any part of such term may in lieu of being served
with a soficitor actually practising in the Colony be served with a
solicitor actually practising in Great Britain or Northern Ireland.

17. Any period not exceeding one year during which any such
person has been absent from the Colony in England and for the
purpose of travelling to and from England and of preparing for the final
examination shall upon his satisfying the Society as to such
preparations be counted in the said period.

18. (1) A person who lias been bound by articles as aforesaid for
the prescribed period, as modified by the pro-

visions Of section 17, may give notice to the registrar and the
Society of his intention to sit for the final examination pursuant to the
regulations made hereunder.

(2) The Chief justice on the application of the Society may from time
to time with time approval at the Legislative Council amend or vary such
-regulations.

(3) Any person who shall have duly passed the final examination
prescribed by this section shall be qualified to apply for admission as a
solicitor.





19. Any person applying to be examined or re-examined at an
examination shall pay to the Society in respect of those examinations,
such fees as may from time to time be prescribed by regulation.

20. (1) Any barrister of not less than five years' standing at the
English bar who procures himself to be disbarred with a view to
becoming a solicitor and obtains from two benchers of the Inn of Court
to which he belongs or belonged, a certificate of his being a fit and
proper person to practise as a solicitor shall be exempted from service
under articles and from such part of the final examination as relates to

and service thereunder.

(2) Any such person upon giving the prescribed notice and
complying with the regulations in so far as they shall apply and passing
the prescribed final examination shall be person qualified for
admission as a solicitor.

21. Every candidate who has qualified for admission as a solicitor
under section 18 shall give two weeks' notice in writing to the registrar
and to the Society of his intention to apply for admission : Provided
always that the Chief justice may, on any special grounds, make an
order dispensing with all or any of the formalities prescribed by this
section.

22. Every such candidate who has qualified for admission
and who has served part of the prescribed period as an
articled clerk to a solicitor practising in Great Britain or
Northern Ireland, and the other part to a solicitor practising the Colony
shall, in addition to the formalities prescribed
by sections 4 aiid 5 in respect of the articles therein mentioned
and before he can be admitted and enrolled, produce
to the registrar and the Society the articles under which he
has become bound to such solicitor practising in Great Britain
or Northern Ireland and every assignment thereof, and shall
make and swear, or duly cause to be made and sworn, such
affidavits in relation thereto as are prescribed by section 4 in
respect of the articles therein mentioned ; and the provisions
of section 5 shall likewise apply to articles whereby such can-
didate has been bound to serve any solicitor practising in
Great Britain or Northern Ireland and to any assignment
thereof : Provided always that the Chief justice may, on





special grounds and on such conditions as he may think proper,
exempt any such person from complying with the formalities prescribed
by this section, either absolutely or for any special period.

23. (1) Every such candidate except as provided by SCCtiOn 20
shall, before lie can be admitted and enrolled, prove by all affidavit or
affidavits of himself and of the solicitor or solicitors practising in Great
Britain or Northern Ircland or in this Colony to whom he was bound, to
bc duly made and filed in the court, that he has actually and really
served and been employed by such practising solicitor or solicitors
during the period required by section 16 as modified by Section 17,
and that he has not during such period held any office or been engaged
in any employment whatsoever other than the employment of clerk to
such solicitor or solicitors and his or their partner or their partner or
partners, if any, in the business, practice or employrnent of a solicitor.

(2) The affidavit shall be in such form as may be
approved by the Chief Justice.

ADMISSION AND ENROLMENT
or BARRISTERS AND SOLICITORS
AND REGISTRATION OF NOTARIES PUBLIC.

24. No person shall practise in this Colony as a barrister or as a
solicitor unless he has been approved, admitted aiid enrolled as Such by
the court, or as a notary public unless he has been registered as such
under the provisions of this Ordinance.

25. The court shall have power to approve, admit and enrol as a
solicitor any person, being a British subject, who

(a)has actually exclusively and bona fide served for the period
required by sections 16 and 17 as a clerk under articles to any
solicitor actually practising in the Colony or part of such
period tinder articles to such solicitor and the other part
under articles to any solicitor actually practising in Great
Britain or Northern Ircland, or being a barrisler has complied
with the provisions of Section 20, and has been sworn





in the nianner herein directed and has fulfilled all the
conditions of this Ordinance in relation to such admission ;

(b)has obtained from the Society or sonic person authorized in
writing by the Society a certificate that

(i) he has passed the preliminary examination prescribed in
this Part or its equivalent or has been exempted tinder
subsection of section 3 or is a person to whom section 20
applies,

(ii) he has passed the final examination prescribed by this
Ordinance, and

(iii) he is in other respects lit to be an officer of the court.

26. The court shall have power to approve, admit and enrol as
barristers such persons as have been called to the Bar England or
Northern Ireland or have been admitted is advocates in Scotland and to
approve admit and enrol as solicitors in the court such persons as
have been admitted is attorneys, solicitors or proctors in Great Britain
or Northern Ireland.

27. Every person who desires to be admitted under section 26 to
practise in the court in any of the capacities therein mentioned

(a)if a barrister or advocate, shall deposit with the registrar his
certificate of call to the Bar, and shall file in the court an
affidavit of identity in such form as may be approved by the
Chief justice ;

(b)if an attorney, solicitor or proctor shall give two months
previous notice in writing to the Society of such his desire,
aiid shall at the same time deposit with the registrar his
certificate of admission, together with a certificate froni the
proper authority, issuing such certificate of admission that
such last mentioned certificate is still valid and in force, and a
further certificate of fitness and character signed by two
practising attorneys, solicitors or proctors of at least five
years' standing in one of the courts in Great Britain or
Northern Ireland and shall file in the court an affidavit of
identity in such form is may be approved by the Chief justice:





Provided always that the Chief justice may on special grounds
and on such conditions as he may think proper, exempt any such
person from complying with the formalities prescribed by this section,
either absolutely or for any specified period. No such exemption shall
be granted in the case of an attorney, solicitor or proctor unless notice
of intention to apply therefor lias been previously, given by the
Applicant to the Society.

28. The Society shall have a general right of audience, by, solicitor
or counsel, on the hearing of any application for admission as a
solicitor, or touching any matter affecting the qualification, service or
examination of articled clerks, or the removal from or restoration to the
roll or suspension from practice of soheitors, or affecting the
privileges, restrictions and offences in connexion with the practice of a
solicitor. In any, such case, whether seeking audience or not, the
society shall be served with copies of all necessary documents filed
with the registrar.

29. Every person who applies to be admitted and enrolled under
section 2,5 or 26 as a solicitor shall, before admission and enrolment,
Subscribe the oath of allegiance in the form prescribed by the
Promissory Oaths Ordinance, and also the

oath following-

I, A.B., do swear (or soleninly, sincerelv and truly declare
and affirm) that I will truly and honestly demean inyself in the
practice of solicitor, according to the best of my knowledge and
ability. So help me God.

(The last four words shall be omitted in the case of a declaration or
affirmation.)

30. (1) The registrar shall keep, in accordance with the provisions
of this Ordinance and of any regulations made thereunder lists (in this
Ordinance referred to as 'the roll' of all barristers and solicitors
admitted under sections 25 and 26.

(2) The registrar shall have the custody, of the roll and of all
documents relating thereto, and shall allow any person to inspect the
roll during office hours without payment.

(3) The registrar, upon production of an admission signed by the
Chief justice, aiid in the case of a solicitor on payment to the Law
Society by such solicitor of a fee not





exceeding two hundred dollars, shall enter on the roll the name of the
person admitted.

31. The registrar shall keep a special book for the regis-
tration of notaries public, and every notary public who
produces his notarial faculty and flies In the court an affidavit
of identity in such form as may be aproved by the Chief
justice, shall, on payment of the prescribed fee, be entitled to
be registered therein.

REMOVAL FROM THE ROLL OR REGISTER

AND SUSPENSION FROM PRACTICE, OF,

SOLICITORS, BARRISTERS AND or NOTARIES PUBLIC.

32. Subject as hereinafter provided no solicitor shall be liable to
have his name struck off the roll on account of any, defect in his
articles of clerkship, or in the registration thereof or in his service
thereunder, or in his admission and enrolment, unless the application
to strike his narne off the roll is made within twelve niontlis after the
date of his enrolment : Provided that this section shall not apply in any
case where fraud is proved to have been committed in connexion with
the articles, registration, service, admission or enrolment.

33. (1) The court shall have power on reasonable cause being
shown to remove from or strike off the roll or to suspend from practice
any admitted and enrolled solicitor, whereupon the registrar shall enter
a note of the court order on the roll in connexion with the name of the
Solicitor, and where the order so directs shall remove or strike out the
nanie.

(2) The court may in its discretion before dealing with
any application or motion under this section, or at any stage
of the proceedings, refer the nialter in question to the Committee with
such direcitons to investigate and inquire into
the matter or to express any views or opinions in regard
thereto as the court may think fit, and adjourn the proceed-
ings until the Committee shall have duly reported to the court
upon such matters as shall have been referred to it.

(3) The court may in respect of any matter in which the Society or
the Committee have been concerned under section 36 or in any case
where the Society has exercised its right of audience under any of the
provisions of this Ordinance,





award to the Society such costs and expenses as the Society may have
incurred by the employment of counsel, solicitors or otherwise, as the
court shall consider reasonable under the circumstances and may orde
such costs to be paid by any solicitor or person who has been the
subject of any complaint inquiry or investigation or of any proceedings
before the court

34. The court shall have power on reasonable cause being shown
to remove from or strike off the roll or to suspend froni practice any
enrolled barrister who has been guilty of such misconduct as to make
him unfit to practise, whereupon the registrar shall enter a note of the
court order oil the roll in connexion with the name of the barrister, and

the order so directs, shall remove or strike off the

35. The court shall have power on reasonable cause being shown
to rernove from or strike off the register kept under section 31 or to
suspend froni practice any registered notary public, whereupon the
registrar shall enter a note of Ilic court order on the register in
connexion with the name of the notary public and, where the order so
directs, shall rcillove or strike off the name.

36. (1) The Committee shall have power to inquire into and
investigate the professional conduct of any solicitor

(a)on receiving a complaint or allegation against a solicitor from
any person;

(b) of its own motion;

(c)on having any matter referred to it by the court under the
proviosions Of subsection (2) of section 33.

(2) For the purpose of conducting any such inquiry or
investigation the Committee shall have all the powers which are set
out in section 3 of the Commissioners Powers Ordinance, as though the
same had been specifically conferred upon them in the manner required
by the provisions of that Ordinance.

(3) Where in the course of any inquiry or investigation under the
provisions of paragraphs (a) and (b) of subsection (1) the Committee are
of opinion that the facts and the available evidence in support of any
complaint or allegation should be or beconie a matter for inquiry and
determination





by the court under subsection (1) Of section 33 or under any section
of this Ordinance relating to an offence by any solicitor or an
unqualified person the Committee may

(a)institute and prosecute such proceedings before any, court
as may appeal. to be required in any matter or may appoint
any person for such purpose ; or

(b)advise or otherwise assist any person making any Complaint
or allegation against a solicitor in relation to any
proceedings before any court :

Provided that notliing herein shall affect or derogate from the
general rights of audience conferred on the Society by section 28.

(4) The Committee may delegate to a sub-Committee mittee
appointed for the purpose all the powers conferred on it by
this section.

(5) The Society may subject to the approval of the Chief justice,
make rules, relating to or arising out of the conduct of any inquiry or
investigation under this section.



(6) All proceedings by the Committee ancl any report made to the
court under or in pursuance to this section shall be deemed to be
privileged.

RESTORATION TO THE ROLL OR REGISTER

37. (1) The Chief justice may, if he thinks fit, at any time order the
registrar to replace on the roll the name of a barrister or of a solicitor
whose name has been removed from or struck off the roll.

(2) In the case of a solicitor whose nanie has been struck off the
roll for such an offence as is mentioned in section 4,5, an order under
this section shall for the purposes of subsection (3) of section 30 be
deemed to be an admission.

(3) The Chief Justice may, if he thinks fit, at any time
order the registrar to replace on the register kept under
section 31 the name of a notary public whose name has been
removed or struck of therefrom

PART II

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNEXION
WITH PRACTICE.

38. Any person who-

(a)not being a qualified barrister, either directly or indirectly,
practises or acts as a barrister;





(b)not being a qualified notary public either directly or
indirectly practises or acts as a notary public,

shall upon surnmary conviction be liable to a fine of two thousand
dollars.

39. (1) No unqualified person shall act as solicitor, or as such sue
out any writ or process, or commence, carry on or defend an action, suit
or other proceeding, in the name of any other person or in his own
name, in any court of civil or criminal jurisdiction or act as a solicitor in
any cause or niatter, civil or criminal, to be heard or determined before
any court, magistrate or justices.

(2) If ary person contravenes the provisions of this section he
shall be guilty of a misdemeanor and of contempt of the court in which
the action, suit, cause, matter of proceeding in relation to which he so
acts is brought or taken and may be punished accordingly and shall be
incapable of maintaining any action for any costs in respect of
anything done by him in the course of so acting, and shall, in addition
to any other penalty or forfeiture and any disability to which he may be
subject, be liable for each such offence to a penalty of one thousand
dollars to be recovered, with full costs of action, by action brought in
the court, by the Society with the sanction of the Attorney General.
Any penalty recovered under this section shall be deemed to be a
penalty due to the Crown and shall be paid into the general reventle of
the Colony.

40. Any unqualified person who wilfully pretends to be, or takes
or uses any name, title, addition or discription implying that he is
qualified or recognized by law as qualified to act as a solicitor, shall be
liable on summary conviction to a fine of five hundred dollars.

41. (1) Any unqualified person, not being a qualified barrister or a
qualified notary public who, unless he proves that the act was not done
for or in expectation of any fee, gain or reward either directly or
indirectly, draws or prepares any instrument relating to movable or
immovable estate, or any legal proceedings, shall be liable on summary
conviction to a fine of two thousand dollars.

(2) Notwithstanding anything in the Magistrates Ordinance,
proceedings in respect of any offence under this section





may be brought at any time within two years next after the commission
of the odence or within six months next after the first discovery thereof
by the prosecutor, whichever period is the shorter.

(3) This section shall not extend to-

(a)any public officer drawing or preparing instruments in the
course of his duty ; or

(b)any public employed merely to engross or Copy any
instrument or proceeding.

(4) For the purposes of this section 'instrument' does not include

(a) a will or other testamentary instrument; or

(b) an agreement under hand only; or

(c) a letter of power of attorney ; or

(d)a transfer of stock containing no trust or limitation thereof.

42. Any unqualified person, riot being a qualified barrister or a
qualified notary public, who, unless he proves that the act was not
done for or in expectation of any fee, gain or reward, either directly or
indirectly, draws or prepares any memorial or other docurrient for the
purposes of the Land Registration Ordinance, or the New Territories
Ordinance, or makes any application or, lodges any docurrient for
registration under either of those Ordinances at the Land Office or at
any District Land Office, shall on summary conviction be liable to a fine
of two thousand dollars : Provided that this Section Shall not extend to-

(a)any public officer drawing or preparing instruments and
applications in the course of his duty ; or



(b) any person employed to engross of- copy any
instrument or application.

43. Any unqualified person, not being a qualified barrister or a
qualified notary public, who, unless he proves that the act was not
done for or in expectation of any fee, gain or reward, either directly or
as an agent of any other person, whether a person qualified as above
mentioned or not, takes instructions for or draws or prepares any
papers on which to found or oppose a grant of probate or of letters of
administration shall, without prejudice to any liability or disability to
which he may be subject under any other section of this





Ordinance or under any otlier Ordinance, be liable on summary
conviction to a fine of two thousand dollars : Provided that this section
shall not extend to any public officer drawing or preparing any such
papers in the course of his duty.

44. No costs in respect of anything done by any unqualified
person who acts as a solicitor sliall be recoverable in any action, Suit:
or matter by any person whomsoever.

45. (1) No solicitor shall wilfully and knowingly act as agent in any
action or in any matter in bankruptcy for any unqualified person, or
permit his name to be made use of in any such action or matter upon
the account, or for the profit, of any unqualified Person or send any
process to any unqualified person, or do any other act enabling any
unqualified Person to appear, act or practise in any respect as a
solicitor in any such action or matter.

(2) Where it appears to the court, that a solicitor has acted in
contravention of this section, his name shall struck off
the roll.

(3) Where the court orders the name of a solicitor to bc struck off
the roll in respect of an offence under this section, it may further order
that the unqualified person who was enabled by the conduct of the
offender to act or practise as a solicitor shall be imprisoned for one
year.

46. (1) If any act is done by a body corporate or by
any director, officer Or Servantof s such a nature or in
such a manner as to be calculated to imply that the body
corporate is qualified, or recognized by law as qualified, to
act as a solicitor the body corporate shall be liable on sum-
mary conviction to a fine of five thousand dollars and in
the case of an act done by a director, officer or servant of the
corporation, he also shall be liable on summary conviction to
a fine of two thousand dollars.

(2) For the removal of doubt it is hereby declared that in sections -
38, 39, 40, 41 42, 43 and 44 and in subsection (1) of section 45 references
to unqualified persons and references to persons include references to
bodies corporate.





47. (1) No solicitor shall, in connexion with his practice as a
solicitor, without the written permission of the Society which may be
given for such period and subject to such conditions as the Society
think fit, employ or remunerate any person who to his knowledge is
disqualified from practising as a solicitor by reason of the fact that his
name has been struck off the roll, otherwise than at his own request, or
is suspended froni practising as a solicitor.

(2) A solicitor aggrieved by the refusal of tile Society to grant any
such permission as aforesaid, or by any conditions attached by the
Society to the grant thereof, may appeal to the Chief justice, who may
confirm the refusal or the conditions, as the case may be, Or may, in
lieu of tile Society, grant such conditions as lie thinks fit.

(3) If any solicitor acts in contravention of the provisions of this
section or of the conditions subject to which any permission has been
given thereunder, his name shall be struck off the roll or he shall be
suspended from practice for such period as the court thinks fit.

48. (1) No solicitor whilst a prisoner in any prison shall is a
solicitor, in his own name or in the name of any other solicitor, sue out
any writ or process, or commence, prosecute or defend any action or
any matter in bankruptcy.

(2) Any solicitor commencing, prosecuting or defending
any such action or matter in contravention of this section
shall be incapable of maintaining any action for the recovery,
of any costs in respect of any business done by him whilst so
confined as aforesaid, and he and any solicitor permitting
him to commence, prosecute or defend any such action or
matter in his name shall be guilty of Contempt of the court
in which such action or matter was comnienced or prosecuted
and may be punished accordingly.

49. (1) Any person who, whilst he is disqualified from practising as
a solicitor by reason of the fact that he has been struck off the roll
otherwise than at his own request or is suspended from practising as a
solicitor, seeks or accepts employment by a solicitor in connexion with
that solicitor's practice without previously informing him that he is so
disqualified as aforesaid, shall on summary conviction be liable to a
fine of two thousand dollars.





(2) Notwithstanding anything in the Magistrates Ordinance,
proceedings under this section rnay be commenced at any time before
the expiration of six months after the first discovery of the offence by
the prosecutor, but no such proceedings shall be commenced except
by, or with the consent of, the Attorney General.

PART III

REMUNERATION or SOLICITORS.

Non-contentious

50. On any taxation of costs the taxing officer may, in determining
the remuneration, if any, to be allowed to a solicitor for his services,
have regard, subject to any general rules or orders, to the skill, labour
and responsibility involved.

51. (1) A solicitor and his client may, either before or , after or in the
course of the transaction of any non-contentious business by the
solicitor, make an agreement as to the remuneration of the solicitor in
respect thereof.

(2) The agreement may provide for the remuneration of the solicitor
by a gross sum, or by commission or percentage or by salary, or
otherwise, and it may be made on the terms that the amount of the
remuneration therein stipulated for either shall or shall not include all or
any disbursements made by the solicitor in respect of searches, plans,
travelling, stamps fees or other niatters.

(3) The agreement shall be in writing and signed by the person to
be bound thereby or his agent in that behalf.

(4) The agreement may be sued and recovered on or set aside in
the like nianner and on the like grounds as an

agreement not relating to the remuneration of a solicitor

Provided that if on any taxation of costs the agreement is relied on
by the solicitor and objected to by the client as unfair or unreasonable,
the taxing officer may inquire into the facts and certify them to the
court and if on that certificate it appears just to the court that the
agreement should be cancelled, or the amount payable thereunder
reduced, the court may Order the agreement to be cancelled, or the
amount





payable thereunder to be reduced, and may give such consequential
directions as it thinks fit.

52. (1) If a mortgage is made to a solicitor, either alone or jointly
with any other person he, or the firm of which he is a member, shall be
entitled to recover from the mortgagor in respect of all business
transacted and acts done by him or them in negotiating the loan,
deducing and investigating the title to the property, and preparing and
completing the mortgage, such usual costs as he or they would have
been entitled to receive if the mortgage had been made to a person who
was not a solicitor and that person had retained and employed him or
theni to transact the said business and do the said acts.

(2) If, whether before or after the commencement of this Ordinance,
a mortgage has been made to, or has become vested by transfer or
transmission in, a solicitor, either alone or jointly with any other
person, and if after the commence of this Ordinance any business is
transacted , acts done by that solicitor, or by the firm of which he is a
member in relation to that mortgage, or the security thereby created or
the property comprised thereunder then he or they shall be entitled to
recover from the person on whose behalf the business was transacted
or the acts were done, and to charge against the security, such usual
costs as he or they would have been entitled to receive if the mortgage
had been made to and had remained vested in a person who was not a
solicitor and that person had retained and employed him or them to
transact the said business and do the said acts.

(3) In this section 'mortgage' includes any charge on any
property for securing money or money's worth.

Contentious Business.

53. A solicitor may make an agreement in writing with
his client as to his remuneration in respect of any contentious
business done, or to be done, by him providing that he
shall be remunerated either by a gross sum or by salary
or otherwise, and at either a greater or a less rate than
that at which he would otherwise have been entitled to be
remunerated.





54. (1) Such an agreement-

(a)shall not affect the amount of, or any rights or remedies
for the recovery of, any costs payable by the client to,
or to the client by, any person other than the solicitor,
and that person may, unless he has otherwise agreed,
require any such costs to be taxed according to the
rules for the time being in Force, for the taxation
thereof : Provided that the client shall not be entitled to
recover from any other person under any order for the
payment of any costs to which the agreement relates
more than the amount payable by him to his solicitor in
respect thereof under de agreement;

(b) shall be deemed to exclude anyclaim by the
solicitor in respect of the business to which it
relates other than-

(i) a claim for such costs as are expressly excepted
therefrom; or

(ii) a claim for the agreed costs.

(2) A provision in such an agreement that tile solicitor shall
not be liable for negligence, or that he shall bc relieved from any
responsibility to which he would otherwise be subject as a
solicitor, shall be void.

(3) No action shall be brought upon any such agreement, but
the court may, on the application of any person who is a party to,
or the representative of a party to, the agreenient, or who is, or
who is alleged to be, liable to pay, or who is or claims to be
entitled to be paid, the costs due or alleged to be due in respect
of the business to which the agreement relates, enforce or set
aside the

and deterniine every question as to the validity or
effect thereof.

(4) On any such application the court-

(a)if it is of opinion that the agreement is In all respects
fair and reasonable, may enforce it;

(b)if it is of opillion that the agreenlent is in any respect
unfair or unreasonable may declare it void and may
order it to be given up to be cancelled and

may order the costs covered thereby to be taxed
as if the agreement had never been made;

(c) in any Case, may make such orders is to the costs of the
application as it think fit.





If the business covered by any such agreement is
business done, or to be done, in any action, the amount
payable under the agreement shall not be received by the
solicitor until the agreement has been examined aiid allowed
by a taxing officer of the court, and if the taxing officer
is of opinion that the agreement is unfair or unreasonable,
fie may require the opinion of the court to be taken thereon
and the court may reduce the amount payable thereunder,
or order the agreement to be cancelled and the costs covered
thereby, to be taxed as if the agreement had never been
made.

(6) When the amount agreed for under any such agreement has
been paid by or on behalf of the client or by, any person entitled so to
do, the person making the payment may at any time within twelve
months after payment apply to the court and the court if it appears to
it that the special Circumstances of the case require the agreement to be
reopened, may on such terms as may be just, reopen the agreement and
may order the costs covered thereby to be taxed and the whole or any
part of the amount received by, the solicitor to be repaid by him.

(7) Where any such agreement is made by the client
as the guardian or committee of, or as a trustee under a
deed or will for, any person whose property will be chargeable
able with the whole or any part of the amount payable
under the agreement, the agreement shall, before payment,
be laid before the taxing officer of the court, and that officer
shall examine the agreement and may disallow any, part
thereof, or may, require the opinion of the court to be taken
thereon.

(8) Any such client as is mentioned in subsection (7) who pays
the whole or any part of the amount payable under the agreenient
without the agreernent having been allowed by the taxing officer or by
the court, shall be

at any time to account to the person whose property is
charged with the whole or any part of the amount so paid
for the sum so charged aiid the solicitor who accepts the
payment may be ordered by the court to refund the amount
received by him.

(9) In this section and in section 55 'court' means(a) in relation to
an agreement under which any





business has been done in any court having jurisdiction
to enforce and set aside agreements, any such court in
which any of that business has been done;

(b)in relation to any agreement under which no business
has been done in any such court, and under which more
than one thousand dollars is payable, the Court in its
original jurisdiction;

(c)in relation to an agreement under which no business has
been done in, any such court, and under which not more
than one thousand dollars is payable the court in its
summary jurisdiction.

55. (1) If, after some business has been done under

an agreement made in pursuance of the
provisions of section

but before the solicitor has wholly performed it, the
solicitor has or becomes incapable of acting, any party to,
or the representative of any party to, the agreement, may
apply to the court and the court shall have the same jurisdiction
diction as to enforcing the agreement so far as it has been
performed, or setting it aside, as it would have had if
the solicitor had not died or become incapable of acting :
Provided that the court may, notwithstanding that it is of
opinion that the agreement is in all respects fair and reason-
able, order the amount due in respects fair and reason
thereunder to be ascertained by taxation, and in that Case-

(a)the taxing Officer, in ascertaining that amount, shall
have regard so far as may be to the terms of the
agreement; and

(b)payment of the amount found by him to be due may be
enforced in the same manner as if the agreement had
been completely performed.

(2) The provisions of subsection (1) shall apply in the event of
the client clianging his solicitor (as, notwithstanding the
agreement, he shall be entitled to do) before the conclusion of
the business to which the agreement relates in the same manner
as they apply when the solicitor dies or is incapacitated, with this
modification that if aii order is made for the taxation of the
arnount due to the solicitor in respect of the business done under
the agreement the.
*NOTE: With effect froni 3.10.50 this sum has been raised to $5,000 upon the
limit of the summary jurisdiction being so amended (Ord. 35 of 1950).





court shall direct the taxing officer to have regard to the circumstances
under which the change of solicitor has taken place, and the taxing
officer, unless he is of opinion that there. has been no default,
negligence, improper delay or other conduct on the part of the solicitor
affording to the client reasonable ground for changing his solicitor,
shall not allow to the solicitor the full amount of the remuneration
agreed to be paid to him.

56. Subject to the provisions of sections 54 and 55, the costs of a
solicitor in any case where any agreement has been made in pursuance
of the provisions of section 53 shall not be subject to taxation, nor to
the subsequent provisions of this Part with respect to the signing and
delivery of a solicitor's bill.

57. (1) Nothing in section 53, 54, 55 or 56 shall give validity to--

(a)any purchase by a solicitor of the interest, or any part of the
interest, of his client in any action, suit or other contentious
proceeding; or

(b)any agreement by which a solicitor retained or employed to
prosecute any action, suit or other contentious proceeding
stipulates for payment only in the event of success in that
action, suit or proceeding; or

(c)any disposition, contract, settlement, conveyance, delivery,
dealing or transfer which is under the law relating to
bankruptcy invalid against a

or creditor in any bankruptcy or composition.

(2) A solicitor may, with respect to any business to be done by
him, take security from his client for his costs to be ascertained by
taxation or otherwise.

(3) Subject to the provisions of any rules of court upon every
taxation of costs with respect to any contentious business, the taxing
officer may

(a) allow interest it such rate and from such time as
he thinks just on moneys disbursed by the solicitor
for the client, and on moneys of the client in the
hands of, and improperly retained by the solicitor;

(b)in determining the remuneration of the solicitor have regard
to the skill, labour aiid responsibility involved in the
business done by him





General Provisions as to Remuneration

58. (1) The jurisdiction of the court to make orders
for the deliver by a solicitor of a bill of costs and for
the delivery up of, or otherwise in relation to, any deeds,
documents or papers in his possession, Custody or power,
is hereby declared to extend to cases in which no business
has been clone by him in the court.

(2) In this section and in sections 59, 60 and 61,

'solicitor' includes the executors, administrators and
assignees of the solicitor in question.

59 (1) Subject to the provisions of this Ordinance, no
action shall he brought to recover any costs due to a solicitor
until one month after a bill thereof has been delivered in
accordance with the requirements of this section : Provided
that, if there is probable cause for believing that the party
with the costs is about to quit the Colony, or
become aor to compound with his creditors or
to do any other act which would tend to prevent or delay
the solicitor obtaining payment the court may, notwithstanding
standing that one month has not expired from the delivery
of the bill, orde that the solicitor be at liberty to com-
commence an action to recover his costs and may order those
costs to be

(2) The said requirements are as follows-

(a)the bill must be signed by the solicitor or, if the costs are
due to a firm, one of the partners of that firm, either in
his own name or in the name of the firm, or be
enclosed it, or accompanied by, a letter which Is so
signed and refers to a bill ; and

(b)the bill must be delivered to the party to be charged
therewith, either personally or by being sent to him by
post to, or left for him at, his place of business, dwelling
house or last known place of abode,

and where a bill is proved to have been delivered in compliance
with those requirements, it shall not be necessary in the first
instance for the solicitor to prove the contents of the bill and it
shall be presumed, until the contrary is shown, to be a bill bona
fide complying with this Ordinance.





60. (1) On the application, made within one month of the delivery of
a solicitor's bill, of the party chargeable therewith the court shall,
without requiring any sum to be paid into court, order that the bill
shall be taxed and that no action shall be commenced thereon until the
taxation is completed.

(2) If no such application is made within the period mentioned in
subsection (i), then, on the application either of the solicitor or of the
party chargeable with the bill, the court mav, upon such terms, if any,
as it thinks fit (not being terms as to the costs of the taxation) order

(a) that the bill shall be taxed;

(b)that, until the taxation is completed, no action shall be
commenced on the bill, and any, action already commenced
be stayed

Provided that

(i) if twelve months have expired from the delivery of the bill, or if
the bill has been paid, or if a verdict has been obtained or a writ of
inquiry executed in an action for the recovery of the costs covered
thereby, no order shall be made on the application of the party
chargeable with the bill except in special circumstances and, if an order
is made, it may contain such terms as regards the costs of the taxation
as the court may think fit;

(ii) in no event shall any such order be made after the expiration
of twelve months from the payrnent of the bill.

(3) Every order for the taxation of a bill shall require the taxing
officer to tax not only the bill but also the costs of taxation and to
certify what is due to or by the solicitor in respect of the bill and in
respect of the costs of the taxation.

(4) If after due notice of any taxation either part thereto fails to
attend, the officer may proceed with the taxation ex parte

(5) Unless-

(a)the order for taxation was made on the application of the
solicitor and the party chargeable does not attend the
taxation ; or

(b) the order for taxation otherwise provides,





the costs of the taxation shall be paid according to the event of the
taxation, that is to say, if one-sixth of the amount of the bill is taxed off,
the solicitor shall pay the costs, but otherwise the party chargeable
shall pay the costs : Provided that the taxing officer may certify any
special circumstances relating to the bill or the taxation thereof to the
court, and the court may niake thereon any such order as it thinks fit
respecting the payment of the costs of the taxation.

61. (1) Where a person, other than the person who is the party
chargeable with the bill for the purposes of section 60, has paid, or is or
was liable to pay, the bill either to the solicitor or to the party
chargeable with the bill, that person or his administrators, executors or
assignees may apply to the court for an order for the taxation of the bill
as if he were the party chargeable therewith, and the court may make
thereon the same order, if any, as it might have made if the application
had been made by that party: Provided that in cases where the court
has no power to make an order except in special circumstances the
court may, in considering whether there are special circumstances
sufficient to Justify it in making an order, take into account
Circumstances affecting the applicant, but which do not affect the
party chargeable with the bill.

(2) If a trustee, executor or administrator has become
liable to pay the bill of a solicitor, the court may, upon the
application of any person interested in any property out of
which the trustee executor or administrator has paid, or is
entitled to pay, the bill, and upon such terms, if any, as it
thinks fit, order the bill to be taxed and may order such
payments in respect of the amount found due to or by the
solicitor and in respect of the costs of the taxation to be
rnade to or by the applicant, or to or by the solicitor, or to
the executor, administrator or trustee as it thinks fit : Pro-
vided that in considering any such application the court shall
have regard to-

(a)the provisions of section 60 as to applications by the party
chargeable with taxation of a solicitor's bill so far as they are
capable of being applied to a an application made under this
subsection;

(b) the extent and nature of the interest of the applicant.





If an applicant under subsection (2) pays any moneys to the
solicitor he shall have the same right to be paid that money by the
trustee, executor or administrator chargeable with the bill as the
solicitor had.

(4) The following provisions shall apply, to applications made
under this section

(a)except in special circumstances no order shall be made for
the taxation of a bill which lias already been taxed;

(b)the court may, if it orders taxation of the bill, order the
solicitor to deliver to the applicant a copy of the bill upon
payment of the costs of that copy.

62. (1) Every application for an order for the taxation of a solicitor's
bill or for the delivery of such a bill and the delivering up of any
deeds, documents and papers by a solicitor shall be made the matter of
that solicitor.

(2) The certificate of the taxing by whom any bill has been taxed
shall, unless it is set aside or altered by the court, be final as to the
amount of the costs covered thereby, and the court may make such
order in relation thereto as it thinks fit, including in a case the retainer
is not disputed an order that judgment be entered for the sum certified
to be due with costs.

63. Any court in which a solicitor has been employed to prosecute
or defend any suit, matter or proceeding may at any time declare the
solicitor entitled to a charge on the property, recovered or preserved
throught his

for his taxed costs in reference to that suit, matter or proceeding and
may make such orders for the taxation of the said costs and for raising
nioney to pay, or for paying, the said costs out of the said property, as
it thinks fit, ancl all conveyances and acts done to defeat, or operating
to defeat, that charge, shall, except in the case of a conveyance to a
bona fide purchaser for value without notice, be void as against the
solicitor: Provided that no order shall be made if the right to cover the
costs is barred by, any Statute of limitations.





64. Whenever any judgment or order has been made for payment
of costs in any action and such action afterwards becomes abated, it
shall be lawful for any person interested under such judgment or order
to revive such action, and thereupon to prosecute and enforce such
judgment or order, and so from time to time is often as any such
abatement may happen.

PART IV.

MISCELLANEOUS AND GENERAL.

65. The Chief justice may, for the purposes of the

execution of Part I, make general regulations with respect
to the admission of a person as a solicitor, and the duties of
the registrar With respect to the keeping of the roll.


66. All acts and rules authorized or required to be done or made
by the Society under or in pursuance of this Ordinance, or any order
or rules made in pursuance of this Ordinance may be done or made on
behalf of the Society by the Committee or a sub-committee thereof duly
appointed for the purpose.

67. All rules, certificates, notices and other documents made or
issued by the Society for any purpose whatsoever may be signed on
behalf of the Society by the secretary, or by such other officer of the
Society as may be frorn time to time prescribed by, the Committee.

68. The Committee shall be entitled, without payment of any fee,
to inspect the file of proceedings in bankruptcy relating to any solicitor
against whom proceedings in bank-ruptcy have been taken and to be
supplied with office copies of the proceedings on payment of the usual
charge for such copies.

69. Notliing in this Ordinance shall prejudice or affect any rights
or privileges of any member of the Colonial Legal Service, or require
any such member as aforesaid or any, clerk or officer appointed to act
for him to be admitted or enrolled in any case where it would not have
been necessary for him to be admitted or enrolled if this Ordinance had
not been passed.





70. Nothing in this Ordinance shall affect any enact-ment empowering
any person, not being a qualified solicitor, to conduct, defend or
otherwise act in relation to any legal proceedings.

71. Any person duly admitted as a solicitor shall be an officer of
the Supreme Court, and shall be subject to ihe jurisdiction thereof in
accordance with the provisions of the Supreme Court Ordinance.

72. (1) Any admission, appointment, approval, enrol-ment notice,
certificate, instrument, order, rule, regulation, direction, appeal or
proceeding under or for the purposes of any enactment repealed by
this Ordinance shall be treated as an admission, appointment, approval,
enrolment, notice, certificate, instrument, order, rule, regulation,
direction, appeal or proceeding under or for the purposes of the
corresponding provision of this Ordinance.

(2) Any document referring to any Ordinance or enactment
repealed by this Ordinance shall be construed as referring to this
Ordinance or the corresponding enactment in this Ordinance, and any
register, roll or list kept under any Ordinance or enactment so repealed
shall be deemed part of the register, roll or list to be kept under the
corresponding provisions of this Ordinance.

(3) Notliing in this section shall affect the general application of
subsection (2) of section 7 and section io of the Interpretation
Ordinance, with regard to the effect of repeals.

73. Any person who, after the date on which this Ordinance
comes into force, intends to present himself for examination or to apply
for admission, shall, notwithstanding that he shall before such date
have served a part or the whole of the term he is or was bound under
articles, comply with the relevant provisions of this Ordinance.

74. (1) The fees mentioned in the Third Schedule shall be payable
to ihe registrar in respect of the matters therein mentioned.

(2) The fees mentioned in the Fourth Schedule shall be payable to
the Society in respect of the matters mentioned therein.





SCHEDULES.

FIRST SCHEDULE. [S. 16. ]

TERM or ARTICLES.

1. In the case of any person who, before entering into articles, has taken a
degree, not being an honorary degree, in arts, law or science in any university
specified in the Second Schedule the term shall be three years.

2. In the case of a person (other than a person who is qualified for
exemption under subsection (1) of section 20) who has been called to the Bar
in England and has procured himself to be disbarred before entering into
articles the term shall be three years.

3. In the case of a person who has been called to the Bar in England and
who before being so called, was bound by articles for a terin of five years and
served thereunder three years and who has ceased to be a barrister before
presenting himself for his final examination, the term of three years served
under such articles as aforesaid shall without prejudice to the provisions of
section 20 suffice if those articles were determined with the consent endorsed
thereon of the solicitor with whom they were entered into.

4. In the case of any person who before entering into articles has been for
ten years a bona fide clerk to a solicitor or employed in any one or more of the
judicial or legal departments of the Government of Hong Kong, and who in
either case, produces to the society satisfactory evidence that he has served
faithfully, honestly and diligently as such, the term shall be three years.

5. The Chief Justice may make regulations directing that in the case of
any person who has passed any examination held in or by a university
specified in the Second Schedule or any college or any educational institution
specified in the regulations, the term shall be four years.

6. In the case of any other person, the term shall be five years.

SECOND SCHEDULE. [s. 3 (2).]

UNIVERSITIES RECOGNIZED FOR CERTAIN PURPOSES

OF THIS ORDINANCE.

The universities specified in the Second Schedule to the Solicitor.
Act, 1932, or added to the list under the provisions of that Schedule.

2. The University of Hongkong





THIRD SCHEDULE. [s. 74 (1).]

TABLE OF FEES PAYABLE TO THE REGISTRAR.

1. On the filing of an affidavit .... $ 2.00

2......................................On the enrolment and registration of articles or of
any assignment of articles ..........20.00
3......................................On the entry of such articles or assignment in the
book to be open to public inspection 10.00

4. On the registration of a notary public under section

31 ..................................5.00
5......................................On the admission of any person to practise as a
solicitor whether on his own account or as clerk
to another solicitor or firm of solicitors 300.00

FOURTH SCHEDULE. [s. 74 (2).]

TABLE or FEES PAYABLE TO THE SOCIETY.

1. On.....................admission $200.00

2. On receiving any notice given under this Ordinance 10.00

3. On any certificate or consent required under this

Ordinance ............................50.00
4. On application to sit for the final examination
37 of 1948. 9 of 1950. Short title. Interpretation. 22 and 23 Geo. 5, c. 37, s. 81. Regulations for preliminary examination. 23 and 24 Vict. C. 127, s. 8. Second Schedule. [s. 3 cont.] Formalities on execution of articles and of any assignment. [cf. 6 & 7 Vict. C. 73, s. 8.] Enrolment of articles, etc. 23 & 24 Vict. C. 127, s. 7. Leave to extend period. 6 & 7 Vict. C. 73, s. 9. Articled clerks limited to two. 22 and 23 Geo. 5 c. 37, s. 17. Restriction on employment of articled clerks. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 1. Notice of articles to Society and evidence of character, etc. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 2. Service to be continuous and exclusive. 22 and 23 Geo. 5 c. 37, s. 19. Articled clerks not to take other employment. 22 & 23 Geo. 5 c. 37, s. 21. Articled clerks not disqualification of principal. 22 & 23 Geo. 5 c, 37, s. 22. Discharge or assignment of articles in case of bankruptcy. 6 and 7 Vict. c. 73, s. 5. Power of Society to discharge articles in certain cases. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 5. Fresh articles in certain cases. 22 and 23 Geo. 5, c. 37, s. 25. Term of articles. 22 and 23 Geo. 5 c. 37, s. 15. First Schedule. One year's absence in England to count in articles. Notice to sit for final examination. Regulations. Fees for examination. Exemption of disbarred barrister from service under articles. 22 and 23 Geo. 5 c. 37, s. 34. Notice of intention to apply for admission. Further formalities on applying for admission. Evidence of service. 6 and 7 Vict. C. 73, s. 14; 23 and 24 Vict. C. 127, s. 10. Prohibition against practice unless admitted, enrolled or registered. Power of the court to admit and enroll solicitors qualified under this Ordinance. Power of the court to admit and enroll barristers and solicitors from England or Northern Ireland. Formalities for admission under section 26. Society's general right of audience. Oath of allegiance on admission. (Cap. 90.) The rolls. 22 and 23 Geo. 5 c. 37, s. 2. [s. 30 cont.] Registration of notaries public. Limit of one year to strike off for irregularity in articles, service, etc. 22 and 23 Geo. 5 c. 37, s. 12. Power of court to strike off or suspend a solicitor. Power of court to strike off or suspend barrister. Power of court to strike off or suspend notary public. Power of Committee to inquire into conduct of solicitor. (Cap. 86.) [s. 36 cont.] Power of Chief Justice to replace name on roll. 22 and 23 Geo. 5 c. 37, s. 13. Penalty for unlawfully practising as a barrister or notary public. Unqualified person not to act as solicitor. 22 and 23 Geo. 5 c. 37, s. 45. Penalty for pretending to be a solicitor. 22 and 23 Geo. 5 c. 37, s. 46. Penalty on unqualified person preparing certain instruments. 22 and 23 Geo. 5 c. 37, s. 47. (Cap. 227.) [s. 41 cont.] Penalty for unqualified person preparing memorials, etc., under Cap. 128 of 97. 22 and 23, Geo. 5 c. 37, s. 48. 9 of 1950, Schedule. Penalty for unqualified person preparing papers for probate, etc. 22 and 23 Geo. 5, c. 37, s. 49. No costs for unqualified person. 22 and 23 Geo. 5, c. 37, s. 50. Solicitor not to act as agent for unqualified person. 22 and 23, Geo. 5, c. 37, s. 51. Application of penal provisions to body corporate. 24 and 25, Geo. 5, c. 45, s. 1. Employment by solicitor of person struck off or suspended. 22 and 23 Geo. 5, c. 37, s. 52. Solicitors not to commence or defend actions while in prison. 22 and 23 Geo. 5 c. 37, s. 53. Penalty on failure to disclose fact of having been struck off, etc. 22 and 23 Geo. 5 c. 37, s. 55. (Cap. 227.) Character of service considered in taxation of costs. Agreement for remuneration for non-contentious business. 22 and 23 Geo. 5 c. 37, s. 57. [s. 51 cont.] Remuneration of a solicitor who is a mortgagee. 22 and 23 Geo. 5 c. 37, s. 58. Power to make agreements - contentious business. 22 and 23 Geo. 5 c. 37, s. 59. Miscellaneous provisions - contentions business. 22 and 23 Geo. 5 c. 37, s. 60. [s. 54 cont.] Death, incapability, or change of solicitor, etc. 22 and 23 Geo. 5 c. 37, s. 61. [s. 55 cont.] Agreement excludes taxation. 22 and 23 Geo. 5 c. 37, s. 62. Miscellaneous provisions as to remuneration for contentious business. 22 and 23 Geo. 5, c. 37, s. 63. Power to court to order delivery of bill and deeds. 22 and 23 Geo. 5, c. 37, s. 64. Action to recover costs. 22 and 23 Geo. 5, c. 37, s. 65. Taxation of bills. 22 and 23 Geo. 5, c. 37, s. 66. Taxation on application of third parties and beneficiaries under trustee, etc. 22 and 23 Geo. 5 c. 37, s. 67. [s. 61 cont.] General provisions as to taxations. 22 and 23 Geo. 5, c. 37, s. 68. Charging orders. 22 and 23 Geo. 5 c. 37, s. 69. Revival of order for payment of costs. 33 and 34 Vict. C. 28, s. 19. Regulations by Chief Justice. Committee may act for Society. Authentication of Society's rules and documents. 22 and 23 Geo. 5 c. 37, s. 75. Committee may inspect file in bankruptcy. 22 and 23 Geo. 5, c. 37, s. 76. Savings for members of Colonial Legal Service, etc. 22 and 23 Geo. 5 c. 37, s. 77. Savings for persons authorized to conduct legal proceedings. Officer of Supreme Court. 22 and 23 Geo. 5 c, s. 80. (Cap. 4.) Admissions, orders, etc. under repealed Ordinance. (Cap. 1.) Provisions as to examination, admission, etc., to apply from date of this Ordinance. Fees. Third Schedule. Fourth Schedule.

37 of 1948. 9 of 1950. Short title. Interpretation. 22 and 23 Geo. 5, c. 37, s. 81. Regulations for preliminary examination. 23 and 24 Vict. C. 127, s. 8. Second Schedule. [s. 3 cont.] Formalities on execution of articles and of any assignment. [cf. 6 & 7 Vict. C. 73, s. 8.] Enrolment of articles, etc. 23 & 24 Vict. C. 127, s. 7. Leave to extend period. 6 & 7 Vict. C. 73, s. 9. Articled clerks limited to two. 22 and 23 Geo. 5 c. 37, s. 17. Restriction on employment of articled clerks. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 1. Notice of articles to Society and evidence of character, etc. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 2. Service to be continuous and exclusive. 22 and 23 Geo. 5 c. 37, s. 19. Articled clerks not to take other employment. 22 & 23 Geo. 5 c. 37, s. 21. Articled clerks not disqualification of principal. 22 & 23 Geo. 5 c, 37, s. 22. Discharge or assignment of articles in case of bankruptcy. 6 and 7 Vict. c. 73, s. 5. Power of Society to discharge articles in certain cases. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 5. Fresh articles in certain cases. 22 and 23 Geo. 5, c. 37, s. 25. Term of articles. 22 and 23 Geo. 5 c. 37, s. 15. First Schedule. One year's absence in England to count in articles. Notice to sit for final examination. Regulations. Fees for examination. Exemption of disbarred barrister from service under articles. 22 and 23 Geo. 5 c. 37, s. 34. Notice of intention to apply for admission. Further formalities on applying for admission. Evidence of service. 6 and 7 Vict. C. 73, s. 14; 23 and 24 Vict. C. 127, s. 10. Prohibition against practice unless admitted, enrolled or registered. Power of the court to admit and enroll solicitors qualified under this Ordinance. Power of the court to admit and enroll barristers and solicitors from England or Northern Ireland. Formalities for admission under section 26. Society's general right of audience. Oath of allegiance on admission. (Cap. 90.) The rolls. 22 and 23 Geo. 5 c. 37, s. 2. [s. 30 cont.] Registration of notaries public. Limit of one year to strike off for irregularity in articles, service, etc. 22 and 23 Geo. 5 c. 37, s. 12. Power of court to strike off or suspend a solicitor. Power of court to strike off or suspend barrister. Power of court to strike off or suspend notary public. Power of Committee to inquire into conduct of solicitor. (Cap. 86.) [s. 36 cont.] Power of Chief Justice to replace name on roll. 22 and 23 Geo. 5 c. 37, s. 13. Penalty for unlawfully practising as a barrister or notary public. Unqualified person not to act as solicitor. 22 and 23 Geo. 5 c. 37, s. 45. Penalty for pretending to be a solicitor. 22 and 23 Geo. 5 c. 37, s. 46. Penalty on unqualified person preparing certain instruments. 22 and 23 Geo. 5 c. 37, s. 47. (Cap. 227.) [s. 41 cont.] Penalty for unqualified person preparing memorials, etc., under Cap. 128 of 97. 22 and 23, Geo. 5 c. 37, s. 48. 9 of 1950, Schedule. Penalty for unqualified person preparing papers for probate, etc. 22 and 23 Geo. 5, c. 37, s. 49. No costs for unqualified person. 22 and 23 Geo. 5, c. 37, s. 50. Solicitor not to act as agent for unqualified person. 22 and 23, Geo. 5, c. 37, s. 51. Application of penal provisions to body corporate. 24 and 25, Geo. 5, c. 45, s. 1. Employment by solicitor of person struck off or suspended. 22 and 23 Geo. 5, c. 37, s. 52. Solicitors not to commence or defend actions while in prison. 22 and 23 Geo. 5 c. 37, s. 53. Penalty on failure to disclose fact of having been struck off, etc. 22 and 23 Geo. 5 c. 37, s. 55. (Cap. 227.) Character of service considered in taxation of costs. Agreement for remuneration for non-contentious business. 22 and 23 Geo. 5 c. 37, s. 57. [s. 51 cont.] Remuneration of a solicitor who is a mortgagee. 22 and 23 Geo. 5 c. 37, s. 58. Power to make agreements - contentious business. 22 and 23 Geo. 5 c. 37, s. 59. Miscellaneous provisions - contentions business. 22 and 23 Geo. 5 c. 37, s. 60. [s. 54 cont.] Death, incapability, or change of solicitor, etc. 22 and 23 Geo. 5 c. 37, s. 61. [s. 55 cont.] Agreement excludes taxation. 22 and 23 Geo. 5 c. 37, s. 62. Miscellaneous provisions as to remuneration for contentious business. 22 and 23 Geo. 5, c. 37, s. 63. Power to court to order delivery of bill and deeds. 22 and 23 Geo. 5, c. 37, s. 64. Action to recover costs. 22 and 23 Geo. 5, c. 37, s. 65. Taxation of bills. 22 and 23 Geo. 5, c. 37, s. 66. Taxation on application of third parties and beneficiaries under trustee, etc. 22 and 23 Geo. 5 c. 37, s. 67. [s. 61 cont.] General provisions as to taxations. 22 and 23 Geo. 5, c. 37, s. 68. Charging orders. 22 and 23 Geo. 5 c. 37, s. 69. Revival of order for payment of costs. 33 and 34 Vict. C. 28, s. 19. Regulations by Chief Justice. Committee may act for Society. Authentication of Society's rules and documents. 22 and 23 Geo. 5 c. 37, s. 75. Committee may inspect file in bankruptcy. 22 and 23 Geo. 5, c. 37, s. 76. Savings for members of Colonial Legal Service, etc. 22 and 23 Geo. 5 c. 37, s. 77. Savings for persons authorized to conduct legal proceedings. Officer of Supreme Court. 22 and 23 Geo. 5 c, s. 80. (Cap. 4.) Admissions, orders, etc. under repealed Ordinance. (Cap. 1.) Provisions as to examination, admission, etc., to apply from date of this Ordinance. Fees. Third Schedule. Fourth Schedule.

https://oelawhk.lib.hku.hk/items/show/1956

INNKEEPERS ORDINANCE

CHAPTER 158.

INNKEEPERS.

To provide for the relief of innkeepers.

[26th August, 1870.]

1. This Ordinance may be cited as the Innkeepers Ordinance.

2. In this Ordinance-

'inn' means any hotel, inn, or other place of refreshment, the keeper of
which is now by law responsible for the goods and property of
his guest;

'innkeeper' means the keeper of any such place and includes a public
company.

3. An innkeeper shall in no case be liable to make good to his
guest any loss of or injury to goods or property brought to his inn by
such guest, unless the same have or has been stolen, lost, or injured
through the wilful act, default, or neglect of such innkeeper or any
servant in his employ: Provided always that, in any action or other
proceeding instituted to recover compensation for such loss or injury,
the fact of such loss or injury shall be deemed prima facie evidence of
negligence, and that no innkeeper shall be entitled to the benefit of this
section unless he shows that he used the utmost care that could be
reasonably expected of him to protect his guest against such loss or
injury.

4. An innkeeper shall not be liable to make good to his guest any
loss of or injury to goods or property brought to his inn by such guest
to a greater arnount than five hundred dollars, unless such goods or
property have or has been deposited with him for safe custody, under
the provisions next hereinafter contained : Provided always that this
section shall not be deemed to limit the liability of the innkeeper in any
case where there is proof of any wilful act, neglect, or default, or of
fraud or collusion in connexion with such loss or injury, on the part of
the innkepper himself or of any manager or other person entrusted by
him with the general control and management of the inn.





5. Every innkeeper shall be bound to receive from his guest on
demand, for the purpose of safe custody, any goods or property, and
to give a deposit note stating the value thereof, subject to the
following conditions

(a)that the guest shall, at the time of such deposit, declare the
value of such goods or property; and

(b)that the guest shall, if so required by the innizeeper, provide
a box or other receptacle for such deposit and fasten and
seal the same :

Provided always that the innkeeper may refuse to receive for Safe
Custody goods or property of any one guest. the declared value of
which exceeds five thousand dollars and that he shall in no case be
liable for loss of or injury to goods or property so deposited by a guest
to an amount exceeding the declared value thereof.

6. If any, innkeeper refuses to receive for Safe custody, as
hereinbefore mentioned, any goods or property of his guest, the
declared value of which does not exceed five thousand dollars, or if
any such guest, through any default of such innkeeper, is unable to
deposit such goods or property as aforesaid, such innkeeper shall not
be entitled to the benefit of this Ordinance in respect of such goods or
property.

7. Every innkeeper shall cause at least one copy of this Ordinance,
printed in plain type, in English and Chinese, to be exhibited in a
conspicuous part of the ball or entrance to his inn, and he shall be
entitled to the benefit of this Ordinance in respect of such goods or
property only as may be brought to his inn while such copy is so
exhibited.

8. An innkeeper shall, in addition to his ordinary lien, have the
right absolutely to sell by public auction any property which may have
been deposited with him or left in the inn he keeps or in the premises
appurtenant or belonging thereto where the person depositing or
leaving such property shall be or become indebted to the said
innkeeper either for any board or lodging or for the keep or expenses of
any aninial left with such innkeeper or standing at livery in the stables
or fields occupied by such innkeeper : Provided however--





(a)that, except in the case of perishable property, no such sale
shall be made until after the said property shall have been for
the space of six weeks in such charge or custody or in or
upon such premises without such debt having been
satisfied;

(b)that such innkeeper, after having, out of the proceeds of
such sale, paid himself the aniount of any such debt together
with the. costs and expenses of such sale, shall on demand
pay to the person depositing or leaving such property the
surplus (if any remaining after such sale;

(c)that the debt for the payment of which a sale is made shall
not be any other or greater debt than the debt for which the
property could have been retained by the innkeeper under
his lien;

(d)that, in the case of perishable property, as soon as
conveniently may be either before or after such sale, and in
the case of other property at least one month before any
such sale, the innkeeper shall cause to be inserted in a
newspaper circulating in the Colony an advertisement
containing a notice of such sale or intended sale and giving
shortly a description of the property sold or intended to be
sold together with the name of the owner or person where
known who deposited or left the same.
Originally 11 of 1870. Fraser 3 of 1870. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where good not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance. Innkeeper to have a right of sale in addition to his lien. [cf. 41 & 42 Vict. C. 38, s. 1.] [s. 8 cont.]

Originally 11 of 1870. Fraser 3 of 1870. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where good not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance. Innkeeper to have a right of sale in addition to his lien. [cf. 41 & 42 Vict. C. 38, s. 1.] [s. 8 cont.]

https://oelawhk.lib.hku.hk/items/show/1955

HAWKERS BY-LAWS

HAWKERS.

HAWKERS BY-LAWS.

(Cap. 157).
(Ordinance No. 22 Of 1935).

[1st January, 1936.]

SUMMARY OF CONTENTS.

Title. Subject matter. Page.

GENERAL BY-
LAWS ....for all classes of hawkers. 208
SPECIAL BY-
LAWS ....for each class of hawker,
...........namely-
(a) Class 1.-Stallholder hawkers; 212
(b) Class 2.-Fixed Pitch haw-
kers; 214
(c) Class 3.-Pedlar hawkers; 215
(d) Class 4.-Newspaper hawkers; 216
(e) Class 5.-Boot-black hawkers; 217
Class 6.-Ice Cream and
Frozen Confection
hawkers. 217

APPENDIX I Licence Forms. 219
APPENDIX II .. Licence Fees. 222
Part I ..Part I contains the fees for
.........licensees trading on the Island
of Hong Eong. 222
Part II Part II contains the fees for
........licensees trading in Kowloon
and New Kowloon. 224

GENERAL BY-LAWS FOR ALL
CLASSES OF HAWKERS.

1. These by-laws may be cited as the Flawkers By-laws.

2. No person shall trade as a hawker on the Island of
Hong Kong or in Kowloon or New Kowloon except under
and in accordance with a licence issued by the Council.





3. There shall be six classes of hawkers-
(a) Class 1.-Stallholder hawker;
(b) Class 2.-Fixed Pitch hawker;
(c) Class 3.-Pedlar hawker;
(d) Class 4.-Newspaper hawker;
(e) Class 5.-Boot-black hawker;
(j) Class 6.-lce Cream and Frozen Confection hawker.

4. The form.-, of licence applicable to each class of
hawker are those contained in Appendix I.

5. Any person requiring a licence shall apply to the
Secretary and furnish four copies of his photograph and pay
the prescribed fee.

6. (1) The licence fees applicable to each class of
hawker are prescribed in Appendix II which is divided into
two parts. Part I contains the fees for licensees trading on
the Island of Hong Kong. Part II contains the fees for
licensees trading in Kowloon or New Kowloon.

(2) If any licence is issued by the Council, on or after
1st April in any year, half fee shall be payable.

(3) If the Council is satisfied that any licence has been
accidentally lost, destroyed or defaced, a duplicate licence
may be issued. The. fee shall be $5 except in the case of
a Boot-black licence for which the fee shall be only $1.

(4) If the Council is satisfied that any lapel card has
been accidentally lost, destroyed or defaced, a duplicate
lapel card may be issued on payment of the fee of $1.

7. (1) In considering an application for a licence the
Council shall have regard to the public interest and the
age and general suitability of the applicant. The issue or
refusal of any licence shall be subject to the absolute dis-
cretion of the Council.
(2) The Council may in its absolute discretion revoke
any licence or suspend it for any period not exceeding six
months.

(3) If the Council revokes a licence (except on the
ground of misconduct by the licensee) a proportionate part
of the licence fee shall be refunded to the licensee having-
reaard to the unexpired period of the licence.






8. (1) Every licence shall expire annually on 30th
September.

(2) On expiration, every licence may be renewed for
any period not exceeding one year. The renewal of any
licence shall be in the discretion of the Council. Every
renewal shall be endorsed on the licence.

(3) The renewal fee shall be the same as the licence
fee.

9. (1) Every license(! shall confine his trade exclit-
sively to that for which lie is licensed.

(2) Every licensee shall trade only at the place specified
in his licence.

10. (1) No licensee shall sub-let, transfer or lend his
licence, stall card or lapel card to any other person.

(2) Every licensee shall attend his trade personally and
shall not depute any other person to trade for him in his
stead.

(3) No licensee shall absent himself frorn the Colony
without first notifying. the Secretary and stating his pro-
posed length of a~sence.

11. No licensee shall use orutter any cry or make any
other objectionable noise for the purpose of attracting
attention to his trade.

12. No licensee shall squat upon, or in any other way
cause obstruction in, any public street, thoroughfare or
pavement.

13. No person shall alter, deface or make any erasure
on a licence, and no person shall use, or have in his pos-
session with a view to use, a licence on which an erasure
has beer, rnade, or which has been altered or defaced in any
way.

14. Every licensee shall produce his licence im-
inediately on demand to any officer of the Sanitary Depart-
ment or police officer. Any such officer may retain the licence





and deliver it to the Secretary for examination. Such
licence shall, unless revoked, be returned to the licensee
within a reasonable time.

15. No licensee shall behave in a mafiner importunate
towards, or calculated to obstruct, disturb ol. annoy, ally
person.

16. Every licensee shall collect and remove all refuse
caused by his trade, and shall keep the llriplernents of his
trade in a clean and wholesome condition.

17. Every licensee for the sale of food shall at all times
provide a sufficient quantity of boiling water and shall wash
every chop stick and utensil in boiling water after use by
one customer and before lise by another.

18. Every licensee for the sale of food shall be subject
to such medical regulations as may be imposed on other
handlers of food in industrial concerns or restaurants and
shall, if required by the Council, be subject to periodical
medical examination.

19. In these by-laws-
'Council' means the Urban Council;
'Secretary' means the Secretary of the Urban Council;
'hawker' means any person who trades in any street or
public thoroughfare or goes from place to place selling
or exposing for sale any goods, wares or merchandise
immediately to be delivered, or exposing samples or
patterns of any goods, wares ol- merchandise to be.after-
wards delivered, or selling or offering for sale his skill
in handicraft, but does not include a person selling or
seeking orders for goods, wares or merchandise to or
from persons who are dealers therein and who buy to
sell again;
tipitcli' or 'site' means the area allotted by the Council
to a licensee for the. purpose of his trade;
'licence' means a valid licence of the appropriate class
issued to an applicant by the Council under the hand
of the Secretary.





Penalty and Forfeiture.

20. Any person who acts in contravention of the by-
laws mentioned hereunder shall commit an offence and shall
be liable to a fine of five hundred dollars or irnprisonnient
for six months, and any stall, commodity, newspaper, con-
fection or thing in respect to which the offence has been
committed shall be liable to be forfeited-
General by-laws-by laws 2, 9 to 18.
Special by-laws for-
Class 1-by-laws 3 to 14;
Class 2-by-laws 3 to 10;
Class 3-by-1LAws 3 to 6;
Class 4-by-laws 3 to 5;
Class 5-by-law.; 3 to 6;
Class 6--by-laws 3 to 12.

SPECIAL BY-LAWs FOR EACH CLASS
OF HAWKER.
Class 1.-Stallholder Hawlers.
The following by-laws shall apply only to licensed
Stallholder hawkers-

1. The form of licence for a Stallholder hawker is
Form 1 in Appendix I. Before a licence is issued the
Council shall clearly indicate on the :iceiice the commodities
which may be sold by the licensee.

2. (1) The amount of the licence fee depends-
(a)upon whether the licence is for the sale of only
cooked food or for sale of commodities other than
cooked food; and
(b)upon the district in the Island of Hong Kong or in
Kowloon or New Kowloon where the licensee may
trade.
(2) The licence fees for the Island of Hong Kong are
in Part I of Appendix II. The licence fees for Kowloon
and New Kowloon are in Part II of Appendix II.

(3) Every licence shall be clearly endorsed by the
Council to show the district and site, in which the licensee
may trade.





3. The Council shall issue to every licensee a stall
card bearing his name, licence nun-iber and particulars of
the site and measurements of his stall, and the licensee
shall exhibil and keep exliibited such stall card oil his stall
in a conspicuous position approved by the Council.

4. Only stalls of a pattern approved by the Council
and similar to the models exhibited at the offices of the
Council, shall be used. No materials other than wood
and metal shall be used for the roof of the stall.

5. No licence shall confer upon any licensee a per-
rnanent right to any site. Every licensee shall place and
maintain his stall oil his site in sucil position as the Council
.shall approve.

6. The Council may at any time order the removal
of any stall froni any, site to any other site, and the licensee
shall thereupon comply with the order of the Council.

7. No licensee shall place his stall or any part thereof
or anything used for his trade within ten feet of any storm
water grating, or in a manner likely to obstruct any side
channel.

8. No stall used for Ihe sale of cooked food sliall
exceed seven feet in length or four feet in width, and no
other stall sliall exceed six feet in length or three feet in
width.

9. Every licensee shall provide and maintain to the
satisfaction of the Council a . covered galvanized iron
receptacle for refuse.

10. 'No licensee sliali liave any chimney for ]lis stall,
nor shall lie use any fuel except cliarcoal.

11. Every licensee shall employ at his stall only such
assistants as the Council may approve. The names and
photographs of every assistant so approved shall be
endorsed oil the stall card.

12. Every licensee sliall carry oil ]lis trade only,
between the 1)oui-s of 6 a.m. and ii p.m.





13. Every licensee shall keep his stall clean and shall
not allow refuse to accumulate in, under or upon any part
of his stall.

14. When equested so to do by a health inspector
or overseer of the Sanitary Department, for the purpose
of scavenging or cleansing a road surface and channels,
a licensee shall remove his stall and any impedimenta
connected with his trade for such period as may be neces-
sary to complete such scavenging or cleansing.

Class 2.--Fixed Pitch Hawkers.

The following by-laws shall apply only to licensed
Fixed Pitch hawkers---

1. The form of licence for a Fixed Pitch hawker is
Form 2 in Appendix I. Before a licence is issued the
Council shall clearly indicate on the licence the commodities
which may be sold by the licensee.

2. (1) The amount of the licence fee depends upon
the district in the Island of Hong Kong or in Kowloon
or New Kowloon where the licensee may trade. The
licence fees for the Island of Hong Kong are in Part I
of Appendix II. The licence fees for Kowloon and New
Kowloon are in Part II of Appendix II.

(2) Every licence shall be clearly endorsed by the
Council to show the district and pitch in which the licensee
may trade.

3. The Council shall issue to every licensee a lapel
card bearing his name, licence number, particulars of pitch
and class of goods to be sold, and the licensee shall at all
times when conducting his trade, wear the sald lapel card
on his clothing externally in a conspicuous place so as to
he clearly visible.

4. No licence shall confer upon any licensee a per-
manent right to any pitch. A licensee shall trade only in
the pitch allotted by the Council.

5. The Council may at any time order any nicensee
to remove frorn any pitch to any other pitch, and the
licensee shall immediately obey such order.





6. No licensee shall occupy a pitch exceeding four
feet in length and three feet in width, not- shall his stock
in trade on the pitch exceed a height of three feet.

7. No licensee shall place his wares or any part
thereof or anything used in or pertaining to his trade in
a manner likely to obstruct any side channel.

8. Every licensee shall keep his pitch clean and shall
not allow refuse to accumulate thercon.

9. Every licensee shall trade only between the hours
of 6 a.m. and to p.m.

10. Every licensee shall at the close of trade each day,
remove all his wares and utensils and leave his pitch in
a clean condition.

Class 3.-Pedlar Hawkers.

The following by-laws shall apply only to licensed
Pedlar hawkers---

1. The form of licence for a Pedlar hawker is Form
3 in Appendix I. Before a licence is issued the Council
shail cleariy indicate on the licence the commodities which
rnay be sold by the licensee.

2. (1) The amount of the licence fee depends upon
the district in the Island of Hong Kong or in Kowloon
or New Kowloon where the licensee may trade. The
licence fees for the Island of Hong Kong are specified in
Part I of Appendix II. The licence fees for Kowloon and
New Kowloon are specified in Part II of Appendix II.

(2) Every licence shall be clearly endorsed by the
Council to show the district in which the licensee may
trade.

3. The Council shall issue to every licensee, a lapel
card bearing his name, licence number, particulars of dis-
trict, and class of goods to be sold, and the licensee shall
af all times when conducting his trade wear the said lapel
card on his clothing externally in a conspicuous place so
as to be clearly visible.





4. No tray, basket, or other receptacle of any kind
used by a licensee for his trade shall exceed three feet in
length and three feet in width; no licensee shall trade with
more than two such receptacles; and (for refuse only) a
lie ' ensee may trade also with one smaller receptacle of not
more than two cubic feet capacity. ,

5. Every licensee may trade frorn door to door only,
in the district for which his licence is endorsed and no
licensee shall sell, expose or offer for sale or obsiruct or
cause any obstruction in any street or upon an), pavement.

6. Every licensee shall trade only between the hours
of 6 a.m. and io p.m.

Class 4.-Neu,spaper Hazclers.

The following by-laws shall apply only to lleciised
Newspaper hawkers-

1. The form of licence for a Newspaper flawker is
Forni 4 in Appendix I.

2. (1) The aniount of the licence fee depends upon
the district in the Island of Hong Kong or in Kowloon
or New Kowloon where the licensee may trade. The
licence fees for the Island of Hong Kong are in Part I
of Appendix II. The fees for Kowloon and New Kowloon
are in Part II of Appendix II.
(2) Every licence shall be clearly endorsed by the
Council to show the district, and pitch (if any) in which
the licensee may trade.

3. The Council shall issue to every licensee a lapel
card bearing his name, licence number, and particulars of
the district or pitch in which he may trade and the licensee.
shall at all times when conducting his trade, wear the said
lapel card on his clothing externally in a conspicuous place
so as to be clearly visible.

4. No licensee shall trade in a manner likely to cause
obstruction either by means of boxes, frames, racks or
other articles of trade.

5. Every licensee shall trade only between the hours
of 6 a.m. and 10 p.m.





Class 5.-Boot-blael, Hawkers.

The following by-laws shall apply only to licensed
Boot-black flawkers------

1. The form of licence for a- Boot-black hawker is
Form 5 in Appendix I.

2. (1) The annual licence fee is $5.00.

(2) Every licence. shall be clearly endorsed by the
Council to shovv the district and site where the licensee
may trade.

3. The Council shall issue to every licensee a lapel
card bearing his name, licence number, and particulars of
the pitch or site in which he may trade and the licensee
shall at all times when conducting his trade, wear the said
lapel card on his clothing externally in a conspicuous place
so as to be clearly visible.

4. Every licensee shall operate only on the pitch or
site specified in his licence.

5. No licensee shall trade in a mamier likely to
obstruct aiiy public street, thoroughfare or pavement. No
licensee sliall trade with more than one box. Such box
shall be of a size not exceeding one cubic foot in measure-
ment.

6. Every licensee shall trade only between the hours
of 6 and 8 p.m.

Class 6.-Ice Cream and Frozen Confection Hawkers.
The following by-laws shall apply oniy to licensed Ice
Cream and Frozen Confection hawkers-

1. (1) The form of licence for an Ice Cream and
Frozen Confection hawker is Form 6 in Appendix I.

(2) Licences shall only be issued to bona fide
employees of a licensed food factory.

2. (1) The annual licence fee is $50.00.

(2) Every licence shall be clearly endorsed by the
Council to show the district where the licensee may trade.





3. Every licensee shall sell only such ice cream and
flozen confections as are manufactured at the licensed food
factory by which lie is employed : Provided that with the
approval and subject to such conditions as the Council may
impose a licensee may sell confections other than such ice
cream or frozen confections.

4. The Council shall issue to every licensee a lapel
card bearing. his nan-ie, licence number and the types of
confections to be sold, and the licensee shall at all times
when conducting his trade wear the said lapel card on his
clothing externally in a conspicuous place so as to be clearly
visible.

5. No licensee shall trade in a manner to cause
obstruction in any road, street or footpath, oi- congregate
cl
or sell outside theatres, cinemas, restaurants and cafes.

6. No licensee shall hawk or sell on any bathing
beach without the written permission of the Council.

7. Every licensee shall wear clean uniform of wash-
able material bearing the name of the licensed food factory
by which he is employed.

8. Every licensee shall. whilst trading carry his current
inoculation and vaccination certificates,

9. Ice boxes or containers used by a licensee in his
trade shall be of a design approved by the Council and
shall be thoroughly cleansed daily.

10. Ice cream and frozen confections shall only be. sold
in their original containers.

11. Every licensee sliall trade only between the hours
of 6 a.m. and io p.m.

12. Ice cream and frozen confections re.rnaining unsold
at the close of the day shall be stored to the satisfaction
of the Council at the depots of the licensed food factory
by which a licensee is employed.





APPENDIX I.

FORM 1.

Licence No . ..................

STALLHOLDER HAWKER'S LICENCE.

.. 1 .1 ..........of
is hereby licensed to sell only .....................................................
him
on the site allotted to her at ......................................................
until the 30th Septernber, 19

Fee: $

Photograph.

Secretary, Urban Council,

Dated ...........19

FORm 2.

Licence No . ..................

FIXED PITCH HAWKER'S LICENCE.

.............. 1 of
is hereby licensed to sell only .....................................................
on the pitch allotted to ~i~rn at 1
her
until the 30th September, 19

Fee: $

Photograph.

Secretary, Urban Council.

Dated............: ........... 19 1





FORm 3.

Licence No . ..................

PEDLAR HAWKER'S LICENCE.

.................. of
is hereby licensed to sell only .....................................................
from door to door in the .........district
until the 30th September, 19
Fee: $

Photograph.

Secretary, Urban Council.

Dated ...........19

FORM 4.

Licence No . ..................

NEWSPAPER HAWKER'S LICENCE.

.................1 1 of
is hereby licensed to sell only 1 1 newspapers
on the site allotted to him at ...................................................
Wer
until the 30th September, 19

Fee: $

Photograph.

Secretary, Urban Council.

Dated................................................. 19





FORM 5.

Licence No . ..................

BOOT-BLACK HAWKER'S LICENCE.

1 ................of ......1

is hereby licensed as a boot-black on the site allotted to him at

.................. until the 30th September, 19

Fee: $5.00.

Photograph.

Secretary, Urban Council.

Dated ........1 .1 19

FORM 6.

Licence No . ..................

ICE CREAM AND FROZEN CONFECTION LICENCE.

................ of

is hereby licensed to sell only ice cream and frozen confections,

and ...................manufactured at the food

factory of ..............until the .day

of .............19

Fee: $50.00.

Photograph.

Secretary, Urban Council,

Dated................................................ 19 1





G.N.A. 267148. APPENDIX Il.

ANNUAL LICENCE FEES.
PART I-Island of Hong Kong.

Stallholder Hawkers.
- Fixed Ice Cream
District in Island of Hong Kong. Licensed Pitch Pedlar Newspaper Boot-black and Frozen
Licensed toto sell Hawkers. Hawkers. Hawkers. Hawkers. Confection
sell only commodities Hawkers.
cooked food. other than
cooked food.

1. Central, being the area$360.00$240.00$180.00 no licences.$20.00 $5.00 no licences.
bounded on the north by the
Harbour, on the west by
Wing Wo Street and
Aberdeen Street, on the
south by Hollywood Road
and Lower Albert Road, and
on the east by Murray Road.
2. Western Central,being the240.00 180.00100.00 no licences.5.005.00 $50.00
area west of Wing Wo
Street and Aberdeen Street.
and bounded on the north by
the Harbour, on the west by
New Market Street, Bonham
Strand andPossession
Street, and on the south by
Hollywood Road.
3.Western, being the area west180.00120.0060.00 $20.005.005.0050.00
of New MarketStreet,
Bonham Strand, Possession
Street and Po Yan Street,
and bounded on the north by
the Harbour, on the west by
Cadogan Street, and on the
south by High Street and
Pokfulam Road.





APPENDIX 11.

PART 1.-(Continued).

Stallholder Hawkers.
-- Fixed Ice Crearn
District in Island of Hong Kong. 1 icensed Pitch Pedlar Newspaper Boot-black and Frozen
Licensed to to sell Hawkers. Hawkers. Hawkers. Hawkers. Conf ection
Sell only commodities Hawkers.
cooked food. other than
cooked food.

4. Eastern, being the area east of $180.00 $120.00 $60.60 $20.00 $5.00 $5.00 $50.00
Murray Road, and bounded
on the north by the Harbour,
on the south by Kennedy
Road, Gap Road, Wong-
neichung Road and Village
Road. and on the east by
Tung Wah Eastern Hospital
Road and Tung Lo Wan
Road.

5.Upper Levels, being the area 100.00 50.00 25.00 20.00 5.00
above HollywoodRoad, 5.00 50.00
Lower Albert Road and
High Street.

6. Outlying Districts, being the 100.00 50.00 25.00 20.00 5.005.00 50.00
area east of TungWah
Eastern Hospital Road and
TungLo Wan Road. The
southside of the
Island including Pokfulam,
Aberdeen, Aplichau and
Stanley, and the area west
of Cadogan Street.





APPENDIX 11.

PART IL-Kowloon and New Kowloon.

Stallholder Hawkers.

District in Kowloon and Fixed Ice Cream
Licensed Pitch PedlarNewspaper Boot-black and Frozen
New Kowloon. Licensed to to sell Hawkers. Hawkers.Hawkers. Hawkers. Confection
sell only cornmodities Hawkers.
cooked food. other than
cooked food.

1.Tsim Sha Tsui, being the area$360.00$240.00 no licences. no licences. $20.00 $5.00 $50.00
south of Austin Road.
2. Yaumati, being the area 240.00 180.00 $100.00no licences.5.00 5.0050.00
between Austin Road and
PittStreet, west, of the
Railway line.
3.111ong , Kok, being the area240.00180.00 100.00 $20.00 5.00 5.0050.00
between Pitt Street and
Mong Kok Road.
4.Shamshuipo, being the area120.90 100.00 50.00 20.00 5.00 5.0050.00
north of Mong Kok Road,
west of the Railway line.

5. Outlying Districts, being the 100.00 50. 00 25.00 20.00 5.00 5.00 50.00
area east of the Railway
line.
Ord. 22 of 1935, s.4. Schedule. G.N. 813/47. G.N.A. 267/48. G.N.A. 224/50. G.N.A. 87/51. G.N.A. 224/50. Citation. No hawking without a licence. Classes of hawkers. G.N.A. 224/50. Licence. Schedule I. Forms. Application for licence. Licence Fees. G.N.A. 224/50. Half fee. Loss &c. of licence. Powers of Council in regard to licence. Grant or refusal of licence. Revocation or suspension. Refund of part of licence fee. Expiry of licence. Renewal. Renewal fee. Restrictions on licensee as to trade and place of trade. Sub-letting, transferring &c. of licence. Licensee to attend trade personally. Absence from Colony. Cries and noises. Obstruction in public thoroughfare &c. Alteration, defacement &c. of licence. Production of licence. G.N.A. 224/50. Behaviour of licensee. Removal of refuse. Provision of boiling water. Medical examination. Interpretation. Council. Secretary. Hawker. G.N.A. 224/50. Pitch or site. Licence. Penalty. G.N.A. 87/51. Form of licence. Appendix I. Form 1. Fee. Stall card. Approved type of stall. Site. Removal of stall. No obstruction to be caused. Dimensions of stall. Refuse bin. Only charcoal to be used. Assistants. Hours of trade. Removal of refuse. Cleansing of road surfaces, etc. Form of licence. Appendix I. Form 2. Fee. Appendix II. Lapel car. Pitch. Removal of pitch. Dimensions of pitch. No obstruction to be caused. Removal of refuse etc. Hours of trade. Pitch to be cleared each night. Form of licence. Appendix I. Form 3. Fee. Appendix II. Lapel card. Dimensions of trays, baskets, etc. Licensee only to trade from door to door. Hours of trade. Form of licence. Appendix I. Form 4. Fee. Appendix II. Lapel card. No obstruction to be caused. Hours to trade. Form of licence. Appendix. I. Form 5. Fee. Appendix II. Lapel card. Site. No obstruction to be caused. Hours of trade. G.N.A. 267/48. G.N.A. 224/50. Form of licence. Appendix I. Form 6. To whom granted. Fee Appendix II. Restriction as to sale. Lapel card. No obstruction to be caused. Prohibition of hawking or selling on bathing beaches. Licensee to wear uniform. Duty of licensee to carry inoculation and vaccination certificates. Approved containers and cleansing thereof. Ice cream and confection to be sold in original containers. Hours of trade. Storage. G.N.A. 267/48. G.N.A. 224/50.

Ord. 22 of 1935, s.4. Schedule. G.N. 813/47. G.N.A. 267/48. G.N.A. 224/50. G.N.A. 87/51. G.N.A. 224/50. Citation. No hawking without a licence. Classes of hawkers. G.N.A. 224/50. Licence. Schedule I. Forms. Application for licence. Licence Fees. G.N.A. 224/50. Half fee. Loss &c. of licence. Powers of Council in regard to licence. Grant or refusal of licence. Revocation or suspension. Refund of part of licence fee. Expiry of licence. Renewal. Renewal fee. Restrictions on licensee as to trade and place of trade. Sub-letting, transferring &c. of licence. Licensee to attend trade personally. Absence from Colony. Cries and noises. Obstruction in public thoroughfare &c. Alteration, defacement &c. of licence. Production of licence. G.N.A. 224/50. Behaviour of licensee. Removal of refuse. Provision of boiling water. Medical examination. Interpretation. Council. Secretary. Hawker. G.N.A. 224/50. Pitch or site. Licence. Penalty. G.N.A. 87/51. Form of licence. Appendix I. Form 1. Fee. Stall card. Approved type of stall. Site. Removal of stall. No obstruction to be caused. Dimensions of stall. Refuse bin. Only charcoal to be used. Assistants. Hours of trade. Removal of refuse. Cleansing of road surfaces, etc. Form of licence. Appendix I. Form 2. Fee. Appendix II. Lapel car. Pitch. Removal of pitch. Dimensions of pitch. No obstruction to be caused. Removal of refuse etc. Hours of trade. Pitch to be cleared each night. Form of licence. Appendix I. Form 3. Fee. Appendix II. Lapel card. Dimensions of trays, baskets, etc. Licensee only to trade from door to door. Hours of trade. Form of licence. Appendix I. Form 4. Fee. Appendix II. Lapel card. No obstruction to be caused. Hours to trade. Form of licence. Appendix. I. Form 5. Fee. Appendix II. Lapel card. Site. No obstruction to be caused. Hours of trade. G.N.A. 267/48. G.N.A. 224/50. Form of licence. Appendix I. Form 6. To whom granted. Fee Appendix II. Restriction as to sale. Lapel card. No obstruction to be caused. Prohibition of hawking or selling on bathing beaches. Licensee to wear uniform. Duty of licensee to carry inoculation and vaccination certificates. Approved containers and cleansing thereof. Ice cream and confection to be sold in original containers. Hours of trade. Storage. G.N.A. 267/48. G.N.A. 224/50.

https://oelawhk.lib.hku.hk/items/show/1954

HAWKERS ORDINANCE

CHAPTER 157.

HAWKERS.

To enable the Urban Council to make by-laws with respect to the
regulation and control by registratiort, licesnsing or otherwise
of certain hawkers

[1st January, 1936.]

1. This Ordinance may be cited as the Hawkers Ordinance.

2. The Urban Council may make by-laws with respect to the
regulation and control by registration, licensing or otherwise of
persons hawking any kind of commodity other than cigars, cigarettes
and tobacco.

3. All by-laws made by the Urban Council under section 2 shall be
submitted to the Governor and shall be subject to the approval of the
Legislative Council.

4. (1) By-laws under this Ordinance may provide that a
contravention thereof shall constitute an offence and prescribe
penalties therefor : Provided that no penalty so prescribed shall exceed
a fine of five hundred dollars or imprisonment for six months: Provided
also that forfeiture may in addition be so prescribed.

(2) Any licence issued under any by-law under this
Ordinance shall be liable to cancellation by the Urban
Council on the breach of any by-law to which the holder of
such licence is subject or on breach of any condition of the
licerice. [5]

5. In the absence of a police officer it shall be lawful for any officer
of the Sanitary Department, in whose presence a contravention of any
by-law under this Ordinance lias been committed, to arrest the offender
and either give him into the custody of a police officer or take him to
the nearest police station : Provided that no such arrest shall be
effected except in a public place or place of public resort or unless it is
impracticable to proceed against the offender

by complaint and summons [6]
22 of 1935. 25 of 1946. 14 of 1948. Short title. Power to make by-laws. Approval of by-laws. Penalties. Power of arrest in absence of police officer.

22 of 1935. 25 of 1946. 14 of 1948. Short title. Power to make by-laws. Approval of by-laws. Penalties. Power of arrest in absence of police officer.

https://oelawhk.lib.hku.hk/items/show/1953

DENTISTS REGULATIONS

DENTISTS REGISTRATION.

DENTISTS REGULATIONS.

(Cap. 156, section 25).
(Ordinance No. 1 Of 1940).

[5th July, 1940.]

1. These regulations may be cited. as the Dentists
Regulations.

2. In these regulations-
'Board' means the Dental Board establislied pursuant to
section 4 Of tile Ordinance.
'Ordinance' means the Dentists Registration Ordinance;
'Registrar' means the Dental Registrar appointed under
section 5 of the Ordinance;
'register' tneans the register of dentists ordered to be kept
by the Registrar pursuant to section 6 of the Ordinance

Meetings of Board and Inquiries.

3. The procedure to he followed at meetings of the
Board shall be in accordance with standing orders made
pursuant to a resolution or resolutions of the Board.

4. The procedure to be adopted ,it inquiries before the
Board shall be in accordance with standing orders to be made
pursuant to a resolution or resolutions of the Board.

Duties of Registrar.

5. The duties of the Registrar shall in addition to those
prescribed by the Ordinance be such others as the Board may
by resolution or resolutions appoint.

Furins.

6. (1) The register shall be as nearly as may be accord-
ing to Form 1 in the Appendix.

(2) The certificate of admission to the register issued
by the Board pursuant to section 9 of the Ordinance shall be
as nearly as may be according to Form 2 in the Appendix.





(3) The annual practising certificate issued by the
Registrar I)Lll',Stlallt 10 SCCtiOn II Of tlIC OrdinalICC Shall bC
as nearly as may be according to Form 3 in the Appendix.

Fees.

7. The fee payable to the Registrar on an application
for first admission to the repister pursuant to subsection (i)
of section 8 of the Ordinance shall be $25. This fee shall
not be returnable if the application is not granted.

8. The annual fee payable for retention of a name on
the register pursuant to section i i of the Ordinance shall be
the stamp duty of $5o payable in accordance with the pro-
visions of head 17 of the Schedule to the Stamp Ordinance.

9. The additional fee payable to the Registrar on an
application for re-admission to the register pursuant to sub-
section (5) of section ii of the Ordinance shall be $25 Which
shall riot bc returnable if re-admission is not granted.

10. E-very application for admission to the register pur-
suan I to section 8 of the Ordinance by persons claiming to be
entitled to registration under paragraph (a), (b), (c) or (e) of
section 7 thereof shall be made to the Registrar in Form 4
in the Appendix hereto which is obtainable from the
Registrar . such application niust be declared as a statutor ' y
declaration before a justice of the Peace or a Notary, Public
and shall be accompanie -1
d in t! e case of persons applying for
regislation under paragraph (a), (b) or (e) of section 7 by
four passport size prints of the applicant's photograph.

APPENDIX.

FORM 1.

Name and Photograph. Qualification Registrar's
address. and date. signature.Remarks.





FORm 2.

Dentists Registration Ordinance.
(Chapter 156 of the Revised Edition).

Certificate of Admission to the Register of Dentists. (section 9).

This is to certify that
whose registered address is
and whose photograph appears hereon
has this day been admitted to the register of dentists.

Dated this day of 19

.......................
Photograph Registrar
(passport size)by authority of the Dental Board.

FORm 3.

Denti sts Registration Ordinance.
(Chapter 156 of the Revised Edition),
Annual Practising Certificate. (section 11).
This is to certify that
whose registered address is
and who was admitted to the Dental Register on the day
of 19 is entitled to practise dentistry within the
Colony up to the 31st December, 19

Dated this day of 19.

1
.......................
Photograph Registrar
(passport size)by authority of the Dental Board,





FoRm 4.

Dentists Registration Ordinance.
(Chapter 156 of the Revised Edition).

Application for registration
under
section 7 (a), (b), (c) and (e).

of
hereby apply for registration as a dentist.
*(a) I am registered under the Dentistry Ordinance, 1914,
or
*(b)I hold the qualifications set out below entitling me to
registration under the Ordinance.

Declared.at Hong Kong this
day of 19

Before me,

Justice of the Peace or Notary Public
Hong Kong.

Photograph
(passport size)

*Strike out inapplicable paragraph. .
(Cap. 156.) (Cap. 117.)

(Cap. 156.) (Cap. 117.)

https://oelawhk.lib.hku.hk/items/show/1952

DENTISTS REGISTRATION ORDINANCE

CHAPTER 156.

DENTISTS REGISTRATION.

To provide for the registration of dentlists.

[1st JULY, 1940.]

1. This Ordinance may be cited as the Dentists
Registration Ordinance.

2. (1) In this Ordinance-

'Board' means the Dental Board uppointed, under

section 4;

'dangerous drug' means any drug to which the Dangerous

Drugs Ordinance shall apply;

'Medical Board' means the Medical Board of the Colons,

of Hong Kong;

'registered dentist' means a person whose name appears

for the time being on the register of dentists;

'registered pharmacist' means a pharmacist registered

under the Pharmacy and Poisons Ordinance.

(2) A person shall be deemed to practise dentistry within the
meaning of this Ordinance, who, for the sake of gain or
otherwise, holds himself out, whether directly or by implication,
as practising or being prepared to practise dentistry, or treat or
attempts to treat or professes to treat, cure, relieve or prevent
lesions or pain of the human teeth or jaws; or performs or
attempts to perform any operation thereon, or inserts or attempts
to insert any artificial teeth or appliances for the restoration,
regulation or improvement of the teeth or accessory structures.

3. (1) No person shall practise dentistry within the Colony
unless he is registered under this Ordinance. Any person who
acts in contravention of the provisions of this subsection shall be
guilty of an offence.

(2) Nothing in this section shall operate to prevent-

(a)the extraction of teeth for the relief of pain, or the
application of remedies for such purposes, by registered
medical practitioners; or

(b)the extraction of teeth by any registered pharmacist
when the case is urgent and when no registered
medical practitioner or registered dentist is available; or





(c)the practice ice of Chinese dentistry by persons practising
tooth extraction only, provided that they do


not make use of or administer or cause to be administered
any dangerous drug or any anaesthetic or use or cause to be
used any hypodermic or dental syringe.

(i) For the purposes of this Ordinance, there shall be.
established a Dental Board, hereinafter referred to as 'the Board',
consisting of the following persons

following

(a) the Director of Medical and Health Services;

(b) the Senior Government Dental Surgeon;

(c)two medical practitioners to be appointed by the Governor;
and

(d)four dental surgeons registrable under paragraph (a) or (b) of
section 7 to be, appointed by the Governor.

(2) Members, of the Board appointed tinder paragraphs (c) and (d)
of subsection (1) shall hold office for three years but shall be eligible
for reappointment.

(3) If the place of a member of the Board appointed under
paragraphs (c) and (d) of subsection (1) becomes vacant before the
expiration of his term of office, the vacancy shall he filled by
appointment by the Governor and any person so appointed shall hold
office so long only as the member in whose place he is appointed
would have held office.

(4) The Director of Medical and Health Services shall be President
of the Dental Board. The President shall be Chairnian of ill meetings at
which he shall attend, and in his absence the members present shall
elect one of the members ippointed under paragraph (d) of subsection
(1) to be Chairman.

(5) The Board shall meet at such places and times as the
President may appoint, and at any meeting four members shall form a
quorum. The Chairman of any meeting of the Board shall have a
casting vote.

5. (1) For the purposes of this Ordinance, there shall be a Dental
Registrar, hereinafter referred to as 'the Registrar', who shall perform
such duties in connexion with the register of dentists as may be
prescribed.





(2) The Director of Aledical and Health Services shall be the
Registrar.

6. A register of dentists, hereinafter referred to as 'the register',
shall be kept, in the form prescribed by the Registrar, who shall be
responsible for the maintenance aiid custody thereof.

7. Subject to the provisions of this Ordinance, the following
persons and no others shall be entitled to registration under this
Ordinance

(a)any person who holds a degree, diploma or other document
of any examining body in the Commonwealth or in any
foreign Cotintry which is recongnized by the General Council
of Medical Education and Registration of the United
Kingdom as registrable in the Dentists Register of the United
Kingdom;

(b)any person who holds a degree, diploma or other document
of any examining body which may from time to time be
recognized by the Board as entitling the holder thereof to
registration under this Ordinance;

(c)any person who at the commencement of this Ordinance is
registered under the Dentistry Ordinance, 1914;

(d) any person who has been engaged as his principal means of
livelihood in the practice of dentistry in the Colony up to the
commencement of this Ordinance, has furnished evidence of
good character to the salisfaction of the Board, and has
made application for registration before the 1st day of
January, 1941, or within such further period not exceeding
two years as the Board might in special circumstances have
allowed;

(e)any person who shall by reason of his professional
qualification, experience and skill, satisfy the Board that he is
a fit person to be registered under this Ordinance: Provided
that every person applying for registration under this
paragraph shall furnish such evidence of good character as
shall satisfy the Board.





8. (1) Any person entitled to be registered may apply to the
Registrar for registration. Every such application shall be made in such
manner and shall be accompanied by such documents, photographs
and particulars as may be prescribed.

(2) Where such person has complied with the provisions of
subsection (i) and with any regulations relating thereto, and has paid
the prescribed fee, he shall, subject to the provisions of subsection (3),
be admitted by the Board to tile register.

(3) If any person applying for registration has been convicted of
anv heinous offence or after due inquiry by the Board is deemed by it
to have been guilty of infamous or disgraceful conduct in any
professional respect the Board may refuse to enter the name of such
person upon the register. Upon Such inquiry the person against whom
such offence or conduct is alleged shall be entitled to appear and be
heard by counsel or solicitor.

9. Where a person has been admitted to the register, the Board
shall issue a certificate of registration, and such certificate shall entitle
such person to practise dentistry in the Colony until the next
succeeding 31st day of December. A photograph of such person shall
be affixed to such certificate.

10. (1) A body corporate may carry on the business of dentistry
if-
(a)it carries on no business other than dentistry or some
business ancillary to the business of dentistry; and
(b)a majority of the directors and all the operating staff thereof
are registered dentists:

Provided that a body corporate which was carrying on the
business of dentistry before the commencement of this Ordinance shall
not be disqualified from carrying on the business of dentistry under
this section by reason only that it carries on some business other than
dentistry or a business ancillary to that business, if that other business
is a business which the body was lawfully entitled at the
commencement of this Ordinance to carry on.





(2) Save as aforesaid it shall not be lawful for any body
corporate to carry on the business of dentistry, and if any body
corporate carries on the business of dentistry

in contravention of the provisions of this section every director
and manager thereof shall, unless he proves that the offence was
committed without his knowledge, be liable on conviction to a
fine of two thousand dollars for each offence.

(3) Every body corporate carrying on the business of
dentistry shall in every year at such tirne as is prescribed
transmit to the Registrar a statement in the prescribed forni
containing the names aiid addresses of all persons who are,
directors or managers of the company, or who perform dental
operations in connexion with the business of the company, and, if
any such body corporate fails so to do, it shall be deemed to be
carrying on the business of dentistry in contravention of the
provisions of this section.

(4) Nothing in this section shall prevent the carrying on of
the business of dentistry by the operating staff of any
hospital of any description (including an institution for outpatients
only), or of any dental school, which is approved for the
purposes of this section by the Governor in Council.

11. (1) Every registered dentist practising in the Colony who
desires his name to be retained on the register shall, before the
end of every year, make application in the prescribed form, and
shall pay the prescribed fee, for retention of his narne on the
register during the ensuing

(2) Upon such application and payment, the applicant shall be
entitled to a certificate, to be styled the 'annual practising
certificate', authorizing him to practise dentistry during the year
for which the certificate is issued.

(3) The certificate shall be issued by the Registrar, and
shall, unless cancelled in the manner hereinafter provided, be in
force from the date of issue to the end of the year.

(4) The name of any registered dentist who fails to obtain
an annual practising certificate prior to the commencement of
any, year shall be removed from the register.





(5) If any person whose name has been removed from the register
tinder subsection (4) subsequently makes application in such manner
and pays such additional fee as may be prescribed in such case, the
Board may, after due consideration of the circumstances of the case,
direct that the name of such person shall be re-entered on the register
and that an annual practising certificate for the remainder of the year be
issued.

(6) Whenever it appears to the satisfaction of the Board that any
person to whom an annual practising certificate has been issued under
this section is practising dentistry in such premises or under such
conditions as are deemed by the Board to be unsuitable for such
practice, the Board may direct that the name of such person shall be
removed from the register and that such annual practising certificate be
cancelled, and such certificate shall thereupon cease to be in force.

(7) If any person whose annual practising certificate has been
cancelled under subsection (6) makes application in such manner and
pays Such fee as may be prescribed in such case, the Board may, after
due consideration of the circumstances of the case, direct that the
name of such person shall be re-entered in the register and that an
annual practising certificate be issued.

(8) Any person who practises dentistry in the Colony who

(a)has not a certificate in force authorizing him to practise; or

(b)is in partnership with a person not having such a certificate;
or

(c)has in his employ any person practising dentistry not having
such a certificate,

shall be guilty of an offence.

12. (1) The Registrar shall publish annually in the Gazette, as
soon as practicable after the 1st day of January of each year, a list of
all persons registered under this Ordinance to whom an annual
practising certificate has been issued for that year, with their
qualifications and their places of carrying on business.





(2) A copy of the Gazette in which such list is published or a
certificate under the hand of the Registrar shall be prima facie
evidence in any proceedings that the persons named therein are
registered and authorized to practise under this Ordinance.

(3) The absence of the name of any person froni such list or a
certificate under the hand of the Registrar certifying the absence of the
narne of any person from such list shall be prima facie evidence that
such person is not authorized to practise under this Ordinance.

13. (1) Every registered dentist shall cause his certificate of
registration issued under section 9, with a photograph of himself
affixed thereto, to be exhibited in a conspicuous part of the premises in
which he practises dentistry.

(2) Any registered dentist who fails to comply with the provisions
of this section shall be liable to a fine of two hundred dollars, and, in
case of continued non-compliance, to a fine of ten dollars for every
day during which such non-compliance continues.

14. (1) It shall be lawful for any officer thereunto authorized in
writing by the Board to enter and inspect any premises used or
proposed to be used for the practice of dentistry. Such officer shall
produce, on demand, the written authority, signed by the President of
the Board, authorizing such entry and inspection.

(2) Any person person or persons wilfully obstructing a duly
authorized officer of the Board in the inspection of premises used or
proposed to be used for the practice of dentistry shall be guilty of an
offence, and shall be liable on conviction therefor to a fine of five
hundred dollars.

15. (1) No person shall be entitled to recover any fee or charge in
any court for the performance of any dental operation or for dental
attendance or advice unless, at the time of performing such operation
or rendering such attendance or advice, he was registered under this
Ordinance and had an annual practising certificate in force authorizing
him to practise or was entitled to practise under the provisions of
section 9.





(2) This section shall not apply to any person to whom the
provisions of subsection (2) of section 3 or section 26 apply.

16. (1) The Registrar shall from time to time insert in the register
any alteration which may come to his knowledge in the name or
address of any person registered.

(2) The Board may rerriove froni the register the nanie of any,
person who

(a) is believed to be deceased; or

(b)has no address in the Colony at which he can be Found or
has ceased to reside in the Colony for a period of five years;
or

(c) is no longer practising dentistry in the Colony.

17. (1) The Board may cancel a certificate of registration and direct
the removal from the register of the name of any person registered if
after due inquiry the Board is satisfied that such person

(a)has obtained registration by a fraudulent or incorrect
statement ; or

(b)has been convicted of any felony or misdemeanor or of any
offence against this Ordinance; or

(c)has been guilty of infamous or disgraceful conduct in a
professional sense; or

(d)has for any disciplinary reason been struck off the Dentists
Register of the United Kingdom or of any other country or
off the Roll of any Dental College or other licensing body,.

(2)Upon any such inquiry the person against whom
any offence under thereceding subsection is alleged shall
be entitled to appear and be heard by counsel or solicitor.

(3) The Registrar shall forthwith publish in the Gazette the name
of any person removed from the register under the provisions of this
section.

18. (1) Any person aggrieved by the removal of his name from the
register or by any, refusal or failure to register or re-enter his name in
the register may, within three months after the date of publication in
the Gazette of the removal of his name, or within six mobths after the
date of the refusal or failure to register or re-enter his name, as the case
may





be, at his option appeal, either to the Supreme Court or to the Governor
in Council against the removal or the refusal or the failure, as the case
may be, and oil any such appeal the Supreme Court, or the Governor in
Council, as the case may be, may make such order in the niatter as
seems proper, including any order as to the costs of the appeal.

(2) Any person who appeals under subsection (1) shall, after the
commencement of proceedings, be deemed io have made a conclusive
election and any order of the Supreme Court or the Governor in
Council, as the case may be, made therein, shall be final and conclusive,
and no appeal shall lie from such order.

(3)(a) An appeal to the Supreme Court shall be made to a single
judge by notice of motion, and supported by, affidavit, or, if
the court shall so direct on the hearing of the motion by oral
evidence, and, subject to the provisions of this Ordinance,
the provisions of Part IV of the Code of Civil Procedure shall,
so far as practicable, apply to and govern the appeal.

(b)An appeal to the Governor in Council shall be by petition.

19. Aily person who fraudulently procures or attempts to procure
himself or any other person to be registered under this Ordinance shall
be guilty of an offence.

20. Any person riot registered as a dentist under this Ordiriance
who wilfully or falsely pretends to be or takes or uses the name or title
of a dentist, dental surgeon, qualified
dentist, doctor of dental surgery,, professor of dentistry surgeon
dentist, or any name, title, addition or description implying, whether in
itself or in the circumstances in which it is used,. that such person is a
dentist or that such person is qualified to heal or treat dental disorders
or derangements whether by dentistry or any other means of any kind
or description whatsoever, shall be guilty of an offence.

21. A registered dentist not entitled to registration under
paragraph (a) or (b) Of section 7 shall not make use, in describing his
vocation, of aily term other than that of 'registered dentist'. Any such
registered dentist who wilfully or falsely pretends to be or takes or
uses the name or





title of a dental surgeon, surgeon dentist, qualified dentist, doctor of
dental surgery, professor of dentistry or any name, title or description
iniplying in itself or in the circumstances in which it is used that such
registered dentist possesses or holds any qualification to practise
other than that he is registered as a dentist shall be guilty of an
offence.

22. Any registered dentist who practises dentistry in premises in
which aii unregistered person practises dentistry shall be guilty of an
offence.

23. A prosecution for an offence against this Ordinance may be
instituted by the Board.

24. Ariy person guilty of an offence against this Ordinance for
which no specific penalty is provided shall, on summary conviction, be
liable to a fine of one thousand dollars and to imprisonment for six
months.

25. (1) The Governor in Council shall have power to make
regulations for giving effect to the provisions of this Ordinance.

(2) Without prejudice to the generality of the power conferred by
the last foregoing subsection, regulations inade under this section may
in particular prescribe

(a)the procedure to be adopted at meetings of the Board ;

(b) the duties of the Registrar;

(c)the form of the register and the mode in which it shall be
kept;

(d)the fees to be paid in respect of proceedings, and in respect
of certificates issued, under this Ordinance;

(e)the manner in which applications for registration shall be
made;

(f) the procedure to be adopted at inquiries before the Board;

(g)the forms of any certificates or other documents required for
carrying out the. purposes of this Ordinance.

26. All dentists of His Majesty's Navy, Army or Air

Force residing in the Colony and all dentists in the public service of
the Colony who possess any of the qualifications mentioned in
paragraph (a) or (b) of section 7 shall, while in





the discharge of their duties, be registered wider this Ordinance but
shall be exempt froni the provisions of sections 8, 9, 11 and 13.

27. (1) Nothing in this Ordinance shall operate to prevent the
practice of medicine or surgery by a medical practitioner registered
under the Medical Registration Ordinance

(2) Nothing in this Ordinance shall operate to prevent the training
of medical and dental students in the practice of dentistry under the
supervision of a registered dentist in a hospital or dental school
approved for the purposes of this subsection by the Governor in
Council.
1 of 1940. 35 of 1949. 22 of 1950. 24 of 1950. Short title. Interpretation. (Cap. 134.) (Cap. 138.) Dentist to be registered. Constitution of the Dental Board. 35 of 1949, s.2. Dental Registrar. [s. 5 cont.] Keeping of register. Persons who are entitled to registration. (16 of 1914.) 24 of 1950, Schedule. Application for registration. Certificate of registration. Dental companies. [s. 10 cont.] 22 of 1950, Schedule. Certificate to practise. Publication of register and presumptions. [s. 12 cont.] Certificate of registration to be exhibited. 22 of 1950, Schedule. Inspection of premises used for the practice of dentistry. 22 of 1950, Schedule. Recovery of fees. Correction of register. Cancellation of certificate of registration. Appeal against removal from register or refusal to register. [s. 18 cont.] (Cap. 4, rules) Penalty for fraudulent registration. Penalty for falsely pretending to be or taking or using the name or title of a dentist. Penalty for registered dentist falsely describing his vocation. Covering. Prosecutions. General penalty. 22 of 1950, Schedule. Regulations. Exemptions from sections 8, 9, 11 and 13. [s. 26 cont.] Exemptions. (Cap. 161.)

1 of 1940. 35 of 1949. 22 of 1950. 24 of 1950. Short title. Interpretation. (Cap. 134.) (Cap. 138.) Dentist to be registered. Constitution of the Dental Board. 35 of 1949, s.2. Dental Registrar. [s. 5 cont.] Keeping of register. Persons who are entitled to registration. (16 of 1914.) 24 of 1950, Schedule. Application for registration. Certificate of registration. Dental companies. [s. 10 cont.] 22 of 1950, Schedule. Certificate to practise. Publication of register and presumptions. [s. 12 cont.] Certificate of registration to be exhibited. 22 of 1950, Schedule. Inspection of premises used for the practice of dentistry. 22 of 1950, Schedule. Recovery of fees. Correction of register. Cancellation of certificate of registration. Appeal against removal from register or refusal to register. [s. 18 cont.] (Cap. 4, rules) Penalty for fraudulent registration. Penalty for falsely pretending to be or taking or using the name or title of a dentist. Penalty for registered dentist falsely describing his vocation. Covering. Prosecutions. General penalty. 22 of 1950, Schedule. Regulations. Exemptions from sections 8, 9, 11 and 13. [s. 26 cont.] Exemptions. (Cap. 161.)

https://oelawhk.lib.hku.hk/items/show/1951

BANKING ORDINANCE

CHAPTER 155.

BANKING.

To provide for the regulation aitd licensing of the business of
banking.

[30th January, 1948.]

1. This Ordinance may be cited as the Banking

Ordinance.

2. In this Ordinance--

'bank' nicans any person carrying on banking business or using the
words 'bank' or 'trust' or any derivative thereof as part of the
title under which business is carried on or using any name
iniplying that such person carries on the business of banking but
shall not include a registered co-operative society;

'banking business' means the business of a bank engaged in the
receipt of money on current or deposit account or in payment and
collection of cheques drawn by or paid in by a customer or in the
making or receipt of
remittances or in the purchase and sale of gold or silver coin or
bullion ;

'bank note' means any bill, draft or note issued by anv bank for the
payment of money to the bearer on demand or entitling or being
intended to entitle the holder without indorsement or without any
further indorsement than may exist thereon at the time of issue to
the payment of any sum of money on demand whether the same
be so expressed or not;

company means a company incorporated under the Companies
Ordinance, or a comnpany which has complied with Part XI
sections 317 to 326 thereof or company formed in pursuance of
some other Ordinance, Act of Parliament of the United Kingdom or
of letters patent of the United Kingdom, or a Chinese Native Bank

'licensed bank' means a bank licensed under section 4.

3. (1) No banking business shall be transacted the

Colony except by a company.


(2) Any person who acts in contravtion of

visions of subsection (i) shall be liable on conviction to
the penalty prescribed by section 14.





(3) Notwithstanding this section the Governor in Council may in
his discretion grant a special licence to any person who on the 30th
day of January, 1948, not being a company, carried on, conducted,
managed or directed banking business in the Colony, and such
banking business shall thereupon be deemed to be a licensed bank to
which all the provisions of this Ordinance relating to a licensed bank
shall apply : Provided that nothing in this subsection shall affect the
operation of section 331 Of the Conipanies Ordinance.

4. Notwithstanding anything in this or any other Ordinance
contained, no conipany shall carry on banking business in the Colony
without obtaining from the Governor in Council a licence so to do. the
Governor in Council may in his discretion, and without assigning any
reason therefor, refuse to grant such a licence.

(i) No person other than a company licensed to carry on
banking business in accordance with the provisions of section 4 shall
without the consent of the Governor in Council, use the word 'bank' or
'trust' or any derivative thereof in the name under which business is
being carried on or use any name implying that the business of banking
is carried on.

(2) Any person who acts in contravention of the provisions of this
section shall be liable oil conviction to the penalty prescribed by
section 14 and in addition to a fine of five hundred dollars for every
day, subsequent to the day of conviction of such offence, during
which such offence continues.

6. (1) The Governor may appoint an advisory committee consisting
of such persons aiid appointed on such terms as he may think fit to
advise him on matters relating to banking business and he may at any
time determine any appointment so made.

(2) The Governor may make rules providing for the

procedure to be followed at any meeting held bu the committee to be
constituted under this section.





7. (1) The Governor in Council may, after consultation with the
advisory committee and if he considers it to be in the public interest so
to do, order any licensed bank

(a)to produce to such person and within such period as may be
named in such order any books, accounts or documents of.
any such bank;

(h)to delete from the nanie under which it is carrying on
business, within such period as shall be named in such order,
the word 'bank' or 'trust' or any derivative thereof, or any
other word or words forming part of its name;

(c) to refrain from carrying on banking business;

(d)to return for cancellation by the Financial Secretary any
licence issued to such bank under section 4 Of this
Ordinance :

Provided that before any order is made under paragraphs (b), (c)
and (d) the Governor in Council shall give such licensed bank notice in
writing of his intention to make such an order and shall afford such
licensed bank an opportunity of submitting to him a written statement
of its case.

(2) Any licensed bank failing to comply with an order made under
this section shall be liable on conviction to the penalty prescribed by
section 14 and in addition shall be liable to a penalty of five hundred
dollars for every day during which the default continues.

(3) The Financial Secretary shall publish in the Gazette the name of
any licensed bank the licence of which has been cancelled.

8. (1) Every licensed batik shall pay an annual fee of five thousand
dollars. Such fee shall be payable as at the date of the grant of a licence
in accordance with the provisions of section 4 and thereafter upon
each anniversary of such date.

(2) Any licensed bank which falls to pay the annual fee required
under this section shall be liable on conviction to the penalty
prescribed by section 14 and in addition shall bc liable to a penalty of
five hundred dollars for each day during which such fee remains
unpaid, and every director, manager secretary or other office, of the
bank who knowingly and wilfully auth orizes or permits such
nonpayment shall be liable to a like penalty.





(3) The Financial Secretary shall publish annually in the
Gazette the name of every licensed bank which has paid the
annual fee prescribed in this section.

9. (1) Every licensed bank shall exhibit throughout the year in
a conspicuous position in every office and branch of such bank
in the Colony a copy of its last balance sheet.

(2) Every licensed bank after preparing a balance sheet shall
forthwith send a copy to the Financial Secretary.

(3) Aily licensed bank which fails to comply with the
requirements of this section shall be liable on conviction to the
penalty prescribed by section 14.

(4) The requirements of this section shall be in addition to
and not in derogation of the iequirements of the Companies
Ordinance or of other Ordinance, Act of Parliament of the
United Kingdom or letters patent of the United Kingdom

10. (1) No person-

(a)who has been a director of, or directly or indirectly
concerned in the management of, a bank which has
been wound up by a court; or

(b)who has been sentenced by a competent court to a
term of imprison ment for an offence involving
dishonestly aiid lias not received a full pardon for the
offence for which he was sentenced,

shall, without the express authorization of the Govertior, act or
continue to act as a director of, or be directly or indirectly
conceriied in the management of, any licensed bank

(2) Any person acting in. contravention of subsection (1)
shall be liable on conviction to the penalty prescribed by section 14.

11. Nothing, in this Ordinance contained shall be taken to
authorize the issue in the Colony of any bank notes by a licensed
bank other than note-issuing bank within the meaning of the
Bank Notes Issue Ordinance.





12. In the event of doubt is to whether a person is carrying on
banking business the matter shall be submitted to the Governor in
Council for his determination and the decision of the Governor in
Council shall bc final aiid conclusive for all purposes of this Ordinance.
[13A]

13. Whenever it appears to a magistrate, upon the

oath of any person, that there is reasonable cause to suspect
that a contravention of this Ordinance has been or is being
committed in any building or place, such magistrate may,
by warrant directed to any police officer of or above the
rank of sub-inspection empower him with such assistants as
may be necessary, by day or night-

(a)to enter, and, if necessary, to break into such building or
place ancl to search for and detain anv rnachinery, type,
appliances, paper, printing materials, writing materials, books,
documents, accounts, notices or writings which appear to
afford evidance of the commission of such contravention;
and

(b) to arrest any person found in such building or
place who may appear to be concerned with the
commission of such coil contravention [14]

14. Any licensed bank, bank or person who contravenes or
attempts to contravene, any of the provisions of this Ordinance shall
upon summary conviction be liable to a fine of five thousand dollars
and imprisonment for two years and shall upon conviction on
indictment be liable to a fine
of twenty thousand dollars aiid imprisonment for five
years. [15]
2 of 1948. 49 of 1948. 24 of 1950. Short title. Interpretation. (Cap. 32.) Banking business to be transacted only by a company. [s. 3 cont.] 24 of 1950, Schedule. (Cap. 32.) Banking business to be transacted only by a licensed company. 49 of 1948, s.2. 24 of 1950, Schedule. Restriction on use of title 'bank' or 'trust'. 24 of 1950, Schedule. Appointment and constitution of advisory committee. Special powers of Governor in Council. Annual fee payable by licensed banks. [s. 8 cont.] Exhibition of audited balance sheet by licensed banks. 49 of 1948, s. 3. (Cap. 32.) Individuals not eligible to take part in management of licensed banks. Issue of bank notes. 24 of 1950, Schedule. (Cap. 65.) Decision of Governor in Council in matters of doubt. 49 of 1948, s.4. 24 of 1950, Schedule. Power of entry, search, detention of documents and arrest. Penalty.

2 of 1948. 49 of 1948. 24 of 1950. Short title. Interpretation. (Cap. 32.) Banking business to be transacted only by a company. [s. 3 cont.] 24 of 1950, Schedule. (Cap. 32.) Banking business to be transacted only by a licensed company. 49 of 1948, s.2. 24 of 1950, Schedule. Restriction on use of title 'bank' or 'trust'. 24 of 1950, Schedule. Appointment and constitution of advisory committee. Special powers of Governor in Council. Annual fee payable by licensed banks. [s. 8 cont.] Exhibition of audited balance sheet by licensed banks. 49 of 1948, s. 3. (Cap. 32.) Individuals not eligible to take part in management of licensed banks. Issue of bank notes. 24 of 1950, Schedule. (Cap. 65.) Decision of Governor in Council in matters of doubt. 49 of 1948, s.4. 24 of 1950, Schedule. Power of entry, search, detention of documents and arrest. Penalty.

https://oelawhk.lib.hku.hk/items/show/1950

MAN MO TEMPLE ORDINANCE

CHAPTER 154.

MAN MO TEMPLE.

To provide for the transfer of the properties of the Mun Mo Temple
to the Tung Wah Hospital.

[5th June, 1908.]

WHEREAS the several leasehold hereditaments and premises set out
in the Schedule were granted to or became vested in certain
persons as trustees for and on behalf of the Chinese community
of Hong Kong or for and on behalf of a Chinese temple in Hong
Kong situate upon some of the said hereditaments and premises
and known as 'The Man Mo Temple' : AND WHEREAS the said
persons or the greater number of them are now dead or cannot be
found : AND WHEREAS the said hereditaments and premises
and the affairs of the said Temple have for many years been
managed by the Directors of the Tung Wah Hospital and it is
desirable to vest the said hereditaments and premises and the
temple in the Tung Wah Hospital tinder and subject to the
conditions and provisions hereinafter contained :

1. This Ordinance may be cited as the Man Mo Temple
Ordinance.

2. All the messuages, lands, tenements and hereditamerits
described in the Schedule and all other properties and moneys now
belonging to or in the possession or under the control of the Man Mo
Temple shall be and become and remain and continue vested in the
Tung Wah Hospital, as to the said lands for the unexpired residue of
the several and respective terms of years created by the Grown leases
of the said lands respectively, but subject to the payment of the Crown
rent or due proportion of the Crown rent reserved by such leases
respectively, and subject to the observance and performance of the
covenants and conditions and subject to the provisions respectively
contained in such Crown leases so far as the same relate to the several
hereditaments and premises comprised in the Schedule.

3. It shall be lawful for the Tung Wah Hospital at any time
hereafter (with the consent in writing of the





Governor) to purchase or otherwise acquire, hold, take and enjoy any
messuages, lands, tenements and hereditaments whatsoever in this
Colony for the purposes of this Ordinance.

4. It shall be lawful for the Tung Wah Hospital (with the consent
in writing of the Governor) to sell, exchange, mortgage, or in any
manner dispose of, or (without such consent) to let or demise for any
terin not exceeding three years any of the messuages, lands, tenemerits
aiid hereditaments hereby vested in or hereafter acquired by the Tung
Wah Hospital for the purposes of this Ordinance, and also to do any
other act, matter or thing in relation to any such messuages, lands,
tenements and hereditaments which the Tung Wah Hospital shall deem
necessary or expedient.

5. Upon any such sale, mortgage or disposition of any of the said
messuages, lands, tenements and hereditaments the signature of the
Governor indorsed upon the deed or other document effecturating such
sale, mortgage or disposition shall be sufficient evidence that the
consent required by section 4 has been obtained.

6. Subject to the provisions of the Trustee Ordinance, the Tung
Wah Hospital may lend any moneys which are subject to the
provisions of this Ordinance on the security, of mortgage of any
leasehold messuages, lands, tenements or hereditaments and may
exercise all the ordinary rights, powers and privileges of a mortgagee as
to foreclosure or sale of the mortgaged property or otherwise.


7. All the messuages, lands, hereditaments and premises,
properties and moneys by this Ordinance transferred to and vested in
the Tung Wah Hospital, and all other properties and moneys acquired
by the Tung Wah Hospital under or by virtue of the provisions of this
Ordinance, or hereafter given or bequeathed to the Tung Wah Hospital
for the purposes of this Ordinance, shall form a separate fund, which is
hereinafter referred to as the Man Mo Temple Fund.





8. The 1Man Mo Temple Fund shall be used for the following
objects only

(a)to provide for the upkeep of the Man Mo Temple and the
maintenance of the customary religious observances
thereof;

(b)to keep the buildings belonging to the fund in good repair,
or for the purpose of altering, adding to, pulling down or
rebuilding the said buildings or any of them or of erecting
any new or additional buildings for the purposes of this
Ordinance

(c)subject to the approval of a special meeting of the Chinese
community of Hong Kong to be convened by the directors
of the Tung Wah Hospital to he publicly advertised and to
be held in the last month of each year of the Chinese
calendar, to pay out of the surplus revenue of the said fund
an annual subscription of not less than two thousand five
hundred dollars to be applied to such of the purposes of the
Tung Wah Hospital as the directors thereof may direct;

(d)to maintain free schools in Hong Kong for the purpose of
giving an education in Chinese to persons of Chinese race;
and

(e)to assist any charitable or philanthropic institution of
benefit to the Chinese community of Hong Kong.

9. The directors of the Tung Wah Hospital shall have power to
make regulations for their procedure in the transaction of business
under this Ordinance and generally for all matters relating to the
administration and discipline of the temple and the temple fund:
Provided always that a copy of such regulations shall be furnished to
the Colonial Secretary, and every such regulation shall be subject to
disallowance at any time by the Governor in Council.

10. The directors of the Tung Wah Hospital shall-

(a)keep a separate account of the Man Mo Temple Fund and
cause proper books of account of such fund to be kept,
which shall be open during the, first month of each year of
the Chinese calendar to the inspection of any person
interested therein,





and at any time to the inspection of any person whom the
Governor in Council may appoint in that behalf; and

(b)within one month after the expiration of every year of the
Chinese calendar, transmit to the Secretary for Chinese
Affairs a true statement of the assets and liabilities of the
Man Mo Temple Fund and an account of its receipts and
disbursements during the previous year; such statement
shall include a schedule of all messuages, lands, tenements,
hereditaments, mortgages and other investments included in
the fund, and such statement shall, if required, be verified
upon oath before a justice of the peace by two members of
the board of directors of the Tung Wah Hospital.

11. In case it is at any time shown to the satisfaction of the
Governor in Council, that the Tung Wah Hospital has ceased or
neglected or failed to carry out in a proper manner the objects and
purposes of this Ordinance or to fulfil the conditions thereof or that
sufficient funds cannot be obtained by voluntary contributions or
otherwise to defray the necessary expenses of maintaining the said
temple, or that the Mail Mo Temple Fund is insolvent, or in case the
Tung Wah Hospital shall cease to exist as a corporation, it shall be
lawful for the Governor, with the advice of the Legislative Council, by
an Ordinance to be passed for that purpose to repeal this Ordinance:
Provided always that six months' notice of the Governor's intention to
introduce such an Ordinance into Council shall be previously given to
the Tung Wah Hospital unless it has ceased to exist as a corporation.

12. In the event of the repeal of this Ordinance, all the property
and assets of the Man Mo Temple Fund shall become vested in the
Crown, subject to the rateable payment thereout of the just debts and
liabilities of the said fund to the extent of such property and assets and
in such manner as may be provided by the repealing Ordinance or by
any order to be made in that behalf by the Governor in Council.





13. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate or of
any other persons except such as are mentioned in this
Ordinance and those claiming by, from or under them.
Originally 10 of 1908. Fraser 10 of 1908. 24 of 1950. Short title. Property of temple vested in Tung Wah Hospital. Schedule. Power to acquire and hold lands. [s. 3 cont.] Power to sell, etc., and to demise. Consent of Governor, how evidenced. Power to lend money on mortgage. (Cap. 29.) Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. [s. 10 cont.] 24 of 1950, Schedule. Provision for repeal of the Ordinance in certain cases. Disposal of property in cases of repeal of Ordinance. Saving of rights of the Crown and of certain other rights.

Originally 10 of 1908. Fraser 10 of 1908. 24 of 1950. Short title. Property of temple vested in Tung Wah Hospital. Schedule. Power to acquire and hold lands. [s. 3 cont.] Power to sell, etc., and to demise. Consent of Governor, how evidenced. Power to lend money on mortgage. (Cap. 29.) Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. [s. 10 cont.] 24 of 1950, Schedule. Provision for repeal of the Ordinance in certain cases. Disposal of property in cases of repeal of Ordinance. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1949

CHINESE TEMPLES ORDINANCE

CHAPTER 153.

CHINESE TEMPLES.

To suppress and prevent abuses in the management of
Chinese temples and in the administration of the funds

of Chinese temples.

[27th April, 1928.]

1. This Ordinance may be cited as the Chinese Temples
Ordinance.

2. In this Ordinance 'Chinese temple' includes

(a) all Miu (temples), Tsz (, Buddhist monasteries
Kun and To Yuen
monasteries) and Om (A, nunneries); and

(b) every place where

(i) in accordance with the religious principles
governing Miu Tsz, Kun, To Yuen or Om, worship of
gods or communication with spirits or fortune-telling is
practised or is intended to be practised; and where

(ii) fees, payments or rewards of any kind what-
soever are charged to or are accepted from any
member of the public for the purpose of worship
or communication with spirits or fortune-telling or
any similar purpose, or in return for joss candles
or incense sticks, or on any other account what-
soever.

3. (1) It shall be lawful for the Chinese Temples Committee
referred to in section 7 to make, subject to the approval of the
Governor in Council, regulations for

(a)the registration, management, control and inspection of
Chinese temples;

(b)the management, control and audit of the funds of
Chinese temples;

(c) the duties of se chuk ( temple keepers).

(d)contravention of such regulations which shall be
offences and prescribing penalties therefor: Provided
that no penalty so prescribed shall exceed a fine of one
thousand dollars.

(2) Nothing in this section shall be construed as obliging the
Chinese Temples Committee to make any





regulation before exercising any other power conferred oil the
committee by this Ordinance.

4. (1) Subject to the provisions of subsections (2) and (3), no
Chinese temple shall be established or maintained unless it is in a
building which is a complete and separate building and which is
erected and is used for the purpose of such temple and for no other
purpose.

(2) Notwithstanding anything in subsection (I) it shall be lawful for
the Chinese Temples Committee referred to in section 7 to exempt any
Chinese temple from the provisions of subsection (i). Any such
exemption may be withdrawn at any time by the Chinese Temples
Committee upon such notice as to the said committee may seem proper.

(3) If the Chinese Temples Committee refuses to grant an),
exemption applied for under subsection (2), or withdraws any exemption
granted under the said subsection, it shall be lawful for the applicant,
within fourteen days from the date of such refusal or withdrawal as the
case may be, to appeal by petition to the Governor in Council, and
upon consideration of such petition and of any reply thereto submitted
in writing by the Chinese Temples Committee it shall be lawful for the
Governor in Council to allow or to dismiss the appeal, and if he allows
the appeal the exemption shall be granted, or the withdrawal of the
exemption shall be cancelled, by the Chinese Temples Committee, with
retrospective effect in each case to the date of the refusal or withdrawal
as the case may be.

5. (1) No Chinese temple shall be established or maintained unless
it is registered in accordance with the provisions of this Ordinance.

(2) Registration shall be effected at the office of the Secretary for
Chinese Affairs and the following particulars shall be supplied in order
to effect registration

(a) the name of the temple or intended temple;

(b)the address of the temple or intended temple, including the
street or road and lot number;

(c) the gods worshipped or intended to be worshipped;

(d)the nature or intended nature of the control of the temple,
that is to say, whether by a committee or by a family or by an
individual, and the title of





the committee or the name of the family or individual;

(e) the name and address of the sz chuk ( temple
keeper), if any;

(f) particulars of the funds, investments and properties held at
the time of registration and where, how and by whom those
funds, investments or properties are held;

(g)the application or intended application of the revenue of the
temple, including the revenue from funds, investments or
property held or to be held.

6. No person shall-

(a)take any part in the establishment or maintenance of any
Chinese temple established or maintained contrary to any of
the provisions of this Ordinance or of any regulation made
thereunder; or

(b)take any part in the management or in the service of any
such Chinese temple; or

(c)derive any profit from the revenue of any such Chinese
temple; or

(d)knowingly supply any false or inaccurate information for the
purposes of this Ordinance.

7. (1) Notwithstanding anything in the Secretary for Chinese
Affairs Incorporation Ordinance, the revenues, funds, investments and
properties of all Chinese temples shall subject to the provisions of
section 8, be under the absolute control of a committee which shall be
known as the Chinese Temples Committee and which shall consist of
the following persons

(a)the Chinese members for the time being of the Executive
Council and of the Legislative Council ;

(b)the Chinese members of the Urban Council for the time being
appointed by the Governor;

(c)the chairman for the time being of the directors of the Tung
Wah Hospital;

(d) the senior member for the time being of the committee of the
Po Leung Kuk;

(e)one of the directors of the Tung Wah Hospital, nominated
annually by the directors from among those directors who
are residents of Kowloon or New Kowloon;





one person to be appointed by the Governor for such period
as he shall specify;

(g) the Secretary for Chinese Affairs.

The Secretary for Chinese Affairs shall be the chairman of the
Chinese Temples Committee. Five members shall form a quorum.

(2) In order to make such control effective it shall be
lawful for the Chinese Temples Committee, without prejudice to any
powers that the committee may possess, to
require any person other than the Secretary for Chinese
Affairs Incorporated, who may be in possession or control of,
or in whom may be vested, any property held on behalf of
or for the purposes of any Chinese temple, to transfer or
assign any such property to the Secretary for Chinese
Affairs Incorporated.

(3) Any such direction shall be signed by the chairman of the
Chinese Temples Committee, and shall be served on the person
required by the direction to transfer or assign the property in question.

(4) If the person so served fails without lawful excuse to transfer
or assign the property forthwith he shall be deemed to have been guilty
of a contravention of this Ordinance.

(5) If the property in question is immovable property, and the
person in whom it is vested fails without lawful excuse to comply with
the direction of the Chinese Temples Committee to assign the property
to the Secretary for Chinese Affairs Incorporated, or cannot be served,
it shall be lawful for the Supreme Court, upon the hearing of an
originating summons taken out by the chairman of the Chinese
Temples Committee, to make an order vesting the said property in the
Secretary for Chinese Affairs Incorporated. Any such vesting order
shall have the same effect as a vesting order made under section 45 of
the Trustee Ordinance.

(6) If the property in question consists of stock as defined in the
Trustee Ordinance, or is a chose in action, and the person by whom or
in whose name it is held or in whom the right to sue and recover it is
vested fails without lawful excuse to comply with the direction of the
Chinese Temples Committee to transfer the property to the Secretary
for Chinese Affairs Incorporated, or cannot be served, it





shall be lawful for the Supreme Court, upon the hearing of an
originating summons taken out by the chairman of the Chinese Temples
Committee, to make an order vesting in the Secretary for Chinese
Affairs Incorporated the right to transfer or call for a transfer of the
stock or to receive the dividends or income thereof or to sue for or
receive the chose in action, as the case may be. Any such vesting order
shall have the same effect as a vesting order made under Section 52 of
the Trustee Ordinance.

(7) If the property in question is of any other nature
than is referred to in subsections (5) and (6), aiid the person
in whose possession or under whose control the property is
fails without lawful excuse to comply with the direction of
the Chinese Temples Committee to transfer the property to
the Secretary for Chinese Affairs Incorporated, or cannot
be served, it shall be lawful for a magistrate to make an
order authorizing any police officer to take possession of the
property, using such force as may be necessary for the
purpose, and to transfer it to the Secretary for Chinese
Affairs Incorporated.

(8) A certificate under the hand of the Colonial Secretary shall be
conclusive evidence for all purposes as to whether any particular
individual is, or was on any specified date, a member of the Chinese
Temples Committee.

8. (1) The revenues of all Chinese temples shall be applied in the
first instance to the due observance of the customary ceremonies and
the maintenance of the temple buildings and temple properties, and any
surplus may be transferred to the General Chinese Charities Fund
referred to in section 9.

(2) It shall be, in the discretion of the Chinese Temples Committee to
decide what are the customary ceremonies of any particular Chinese
temple aiid what amount may be spent on any particular authorized
object and what surplus may be transferred to the General Chinese
Charities Fund.

9. (1) The General Chinese Charities Fund referred to in section 8
shall be held in such manner as the Chinese Temples Committee may
direct, and may in the discretion of the Chinese Temples Committee be
applied





(a) to the pay of the necessary staff and the other expenses
incurred by the Chinese Temples Committee in the exercise of
its powers under this Ordinance; and

(b)for the purposes of any Chinese charity in the Colony.

(2) The accounts of the General Chinese Charities Fund shall be
audited at such times and in such manner as the Governor may direct.

10. (1) It shall be lawful for the Chinese Temples Committee to let
by tender the office of sz chuk

temple keeper) of any temple.

(2) It shall be within the discretion of the Chinese Temples
Committee to determine the conditions of any tender, the nianner in
which tenders shall be called for aiid the powers and obligations of any
sz chuk.



(3) Any lump sum paid made by any person in respect of any tender
by him for the office of sz chuk of any temple shall be deemed to be
part of the revenue of that temple.

(4) It shall also be lawful for the Chinese Temples Committee,
without tender, to appoint any person to the office of sz chuk of aily
temple.

(5) It shall be lawful for the Chinese Temples Committee to give to
the sz chuk of aily Chinese temple, whether appointed by the Chinese
Temples Committee or not, one month's notice in writing terminating
the tenure of his office, and upon the expiration of the notice he shall
be deemed to have vacated such office and thereafter shall not act as sz
chuk of that temple unless reappointed by the Chinese Temples
Committee.

11. It shall be lawful for the Chinese Temples Committee to
delegate to any person the administration of any temple and of the
revenues of such temple and to revoke any such delegation.

12. (1) If it appears to the Chinese Temples Committee that there is
reason to believe that any registered Chinese temple is falling or has
fallen into disuse, or that





the funds and revenues of any registered Chinese temple are
insufficient for its maintenance, it shall be lawful for the committee to
call, in such manner and at such time and place as to the committee may
seem fit, a meeting of such persons as may appear to the committee to
be interested in the matter, and to lay the facts before such interested
persons as may attend such meeting, aiid to ascertain their views.

(2) If upon considering such views, if any, and all the
circumstances of the case it appears to the committee that sufficient
support for the temple is not likely to be forthcoming it shall be lawful
for the committee to order the temple to be closed.

(3) Notice of such order shall be posted up at the temple and shall
if possible be given to the person or persons by whom the temple is
controlled or some of them.

(4) Upon the expiration of one month from the date upon which
the notice is posted up at the temple and whether the notice has
remained so posted throughout the said period or not, the temple shall
be deemed to be an unregistered temple and if it is maintained
thereafter it shall be deerned to be maintained contrary to the
provisions of this Ordinance.

(5) Upon the posting up of such notice at the temple the Secretary
for Chinese Affairs Incorporated may take possession of all the
property of the temple and may sue for the recovery of any such
property and may, with the consent of the Chinese Temples Committee,
sell or otherwise dispose of such property.

(6) The proceeds of any such sale shall, subject to any lawful
claims, be transferred to the General Chinese Charities Fund.

13. (1) The Chinese temples specified in the Schedule hereto,
hereinafter referred to as exempted Chinese temples, shall be exempt
from the provisions of sections 3, 4, 7, 8, 10 and 11.

(2) No person shall make or attempt to make any public collection
or any public appeal or request for any exempted Chinese temple or for
any object connected therewith, except within the precincts of that
temple.





(3) This Ordinance shall not apply to the Man Mo Temple.

(4) It shall be lawful for the Governor in Council to add to
the Schedule

14. (j) It shall be lawful for any person authorized thereto in
writing by the Secretary for Chinese Affairs, either generally or
for a particular occasion, to enter and search, using such force
as may be necessary, any place which such person may have
reason to suspect to be or to contain a Chinese temple which is
being or has been established or is being maintained, contrary to
any of the provisions of this Ordinance or of any regulation made
thereunder, or to enter and search, using such force as may be
necessary, any registered Chinese temple in or in respect of
which such person may have reason to suspect that any of the
provisions of this Ordinance, or of any regulation made
thereunder, is being or has been contravened, and upon any
such search to seize and detain ally books or documents and also
anything which may appear to be or contain any evidence of any
contravention of any of the provisions of this Ordinance or of any
such regulation.

(2) No person shall obstruct any search authorized by this
section.

51. Any person who contravenes any of the provisions of
this Ordinance shall Upon summary conviction be liable to a fine
of one thousand dollars.

SCHEDULE. [s. 13.]

KUN YAM TONG 336 Tai Ping Shan Street, Inland Lots
Nos. 1349 and 1426.

LIN FA KUNG Tai Hang, Inland Lot No. 1351.
Sui TSING PAK TEMPLE 12 Tik Lung Lane, Inland

Lot No. 769, Section D, Sub-section 1.


TAM KUNG SIN SHING TEMPLE Aberdeen Inland

Lot No. 72.

TIN HAU TEMPLE Tung Lo Wan, Inland Lot No. 1352.
Originally 7 of 1928. Fraser 7 of 1928. 22 of 1950. 24 of 1950. Short title. Interpretation. Regulations. [s. 3 cont.] All Chinese temples to be in complete and separate buildings used for no other purpose. All Chinese temples to be registered. No person to take part in the establishment of any unlawful Chinese temple, etc. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee. (Cap. 310.) 24 of 1950, Schedule. [s. 7 cont.] 24 of 1950, Schedule. (Cap. 29.) Application of revenues of Chinese temples. General Chinese Charities Fund. [s. 9 cont.] Temple keeper. Power to delegate. Closing of temples which falls into disuse. Exempted Chinese temples. Schedule. [s. 13 cont.] Power of search and seizure. Penalty. 22 of 1950, Schedule.