ADMISSION OF PRACTITIONERS IN SUPREME COURT ORDINANCE
Title
ADMISSION OF PRACTITIONERS IN SUPREME COURT ORDINANCE
Description
ORDINANCE No. 18 of 1856.
Admission of P~actitioners in Supreme Court.
No. 13 of 1856.
An Ordinance for the Admission of Candidates to the Rolls of
Practitioners:
in the Supreme Court, and for the Taxation of Costs.
[21st June, 1856.a
Ordinance No. 6
of 1896.
meianuie. :~HEREAS by Ordinance No. 6 of 1815, any person soever who shall
have served -
for ~ for a period of three years as an articled clerk to any solicitor,
attorney, .or-
proctor, actually practising as such within this Colony, or who shall
have been admitted.
as a solicitor, attorney, or proctor, in any other British Colony, is
qualified to be
approved, admitted, and enrolled by the Supreme Court to practise as a
solicitor,.
attorney, and proctor in the said Court, and that as fully and freely as
if he had been.
duly admitted as a solicitor, attorney, writer, or proctor in the several
Courts of Great
Britain and Ireland respectively: And whereas no provision ha.th been
made for the-
examination of the said persons before such approval, admission, and
enrolment: And
whereas it is expedient to make provision in that behalf, and also to
extend the benefit
of the said recited provisions to other duly qualified persons who shall
be so found by
the persons conducting such examination: And whereas it is also expedient
that further-
provision be made for the taxation of costs in all cases: Be it therefore
enacted and
ordained by His Excellency the Governor of Hongkong, with the advice of
the Legisla-
tive Council thereof, in manner following, that is to say:-
Qimliflcatlons of 1. From and after the passing of this Ordinance, any
person who shall have
Candidates. actually exclusively and boma ,fide served for the period of
three years or upwards;
(whether computed from any time previous or from any time subsequent to
the passing
of this Ordinance,) as Registrar, Deputy Registrar, clerk of the Supreme
Court or of a.
dfidge thereof, clerk to the Attorney General, or interpreter to the said
Court, or as a
clerk of the pea,ee, or as an articled clerk to any actually practising
attorney, solicitor,
or proctor of the said Court,'or for tiny one portion of the said period
in some one of
the said capacities, and for the residue thereof in some other 'or others
of them, lut
dot in two or more of them at the same time, or who shall have been duly
admitted as.
The Conrtto
appoint the
Attcrney ciene-
rai, a barrister,
or Registrar of
the gnprome
Court, with two
=i ttornies,.tn be
extalliners.
&n attorney, solicitor, or proctor in any other of Her Majesty's
Colonies, shall be eligible,
for admission to practise as an attorney, solicitor, and proctor of the
said Suprenie
Court, but only upon the conditions hereinafter specified.
Q. In the fourth term of the present and every succeeding year, the
Attorney-
General, a barrister or Registrar of the Supreme Court, of this Colony
and. two actually -
practising attornies of the said Court shall be by rule of Court
appointed to be then
examiners for the then next ensuing twelve months, into the fitness of
candidates of .the.
classes described in section one for admission to practise as attornies,
solicitors, and-
pxoctors, under this Ordinance. And the said examiners, or any two of
them of whop.,
the said Attorney General, barrister, or Registrar shall be one, shall,
at such reasonable
times as the said Court shall appoint and notify, proceed to examine into
the fitness of
the said candidates in that behalf, having due regard unto their
character, conduct;
learning, and length acid assiduity of service, and their other
credentials, and conform-.
ORDINANCE No. 13 .oF 1856.
Admission of Practitioners, in Supreme Court.
ing themselves so far as may be practicable to the regulations by which
the examinations
of candidates for admission to practise as attornies and solicitors of
the Courts of
Westminster are governed and directed.
3. Such questions as are propounded in print or in writing to the said
candidates Written anslvers.
by the examiners in that behalf, shall be answered in writing.
4. The examiners shall certify the result of every such examination to
the certificate of the
examiners.
Supreme Court within one week from the completion of the said
examination: And
every such certificate shall be in writing signed by the examiners, or
any two of them
of whom the said Attorney General, barrister, or Registrar shall be one,
and shall state
to the effect that the examiners, or the majority of them, find that the
candidate is or
(as the case may be) is not fit to act as an attorney, solicitor, and
proctor of the
Supreme Court, or (as the case may be) that the examiners have not been
able to come
to any finding as to his fitness in that behalf.
5. If the examiners, or the majorioy of them present at the examination,
find
that the candidate is fit, he shall be admitted to practise accordingly:
but if they, or
the said majority, find that he is not fit, or come to no finding, he
may, oil his petition
to the Supreme Court, be heard in support of his qualification and claim
to such
admission. And if the said Court shall grant the prayer of such his
petition, he shall
be admitted accordingly, notwithstanding any such finding or want of
finding as
aforesaid.
6. Except in cases where the Court on special application shall give
leave to the
contrary, no admission shall be granted, whether upon such certificate or
such petition
as aforesaid, after the expiration of one month from the date of the
return of the
certificate or (as the case may be) the date of the order made upon the
petition.
7. No person bond fide domiciled within this Colony, and who shall comply
with Alienage or
the provisions of this Ordinance, shall be disqualified from obtaining
such admission disqualificationn
.
`r
as aforesaid merely by reason of alienage, or that he is by birth a
Chinaman.
8. The provisions aforesaid shall not in any way affect the right of such
persons
as shall have been admitted as attornies, solicitors, or writers in one
of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in an Ecclesiastical
Court in Eng-
land, to be admitted to practise in the said Supreme Court as attornies,
solicitors, and
-proctors thereof.
9. Every person soever who from henceforward shall be admitted to
practise as
attorney, solicitor, or proctor, whether under this Ordinance or not,
shall, on such
admission, pay to the Registrar, or Deputy' Registrar of the Supreme
Court for the,
use of the Crown the fee of fifty dollars, and shall take and subscribe
all such oaths or
affirmations as are appointed by the Acts of Parliament for the time
being in force in
England for regulating the admission of persons to practise in the
profession of attorney
or solicitor ,-every Jew or heathen who shall take the oaths omitting
the words 'on
the true faith of a Christian,' and taking the said oaths according to
his own
conscience.
The candidate, if
unsuccessful,
may appeal to
the Court.
Certificate or
order to be in
force fur one
month.
Seeing of exist-
ing right's.
Fifty dollars
payable on
admission.
Oath.
ORDINANCE No. 13 0F 1856.
Admission of Practitioners in Supreme Court.
Striking off the 10. The jurisdiction of the Supreme Court, in removing or
striking off the names
tuna.
of barristers, attornies, solicitors, proctors or interpreters from the
rolls of 'the said:
Court, is not affected by this Ordinance.
Extension of 11. So much of the Act of Parliament passed in the sixth and
the 6 &7Vict.
cseventh years of Her present Majesty chchapter seventy-three, sections
four. ~s. §§ 4, s, 1 >
zs, 29, 32,37,
ss, ss, 40; m, five, -twenty-eight, twenty-nine, thirty-two,
thirty-seven. thirty-eight,
:and 43. , thirty-nine, forty, forty-one, and forty-three, as relates to
the competence
of attornies or solicitors to have clerks bound -by contracts under
articles,
the discharge of such contracts, service under .such contracts when made
with disabled or disqualified persons, the time for making applications
for
striking off the roll persons admitted and enrolled erroneously but
without
fraud, the agency of attornies or solicitors for disqualified persons, the
delivery, reference, and taxation ( w Nether before payment or after) of
bills of fees, charges, and disbursements for any business done by
attornies
or solicitors, applications of parties and orders of Court for delivery
and
reference in such cases, and for delivery up of deeds, documents, or
papers, certificates of taxation and entering up of judgments, and the
conditions on which actions or suits may be commenced or maintained by,
attornies or solicitors for the recovery of any fees, charges, or disbur-
sements, shall, from the passing of this Ordinance ( but subject to the
provisions hereinafter contained) extend to this Colony, and to all busi-
ness now being done or to be hereafter done within the same.
°Tazation ituy 12. If any person shall be desirous of obtaining, under
section eleven,
ue had with-
out order of the taxation of a bill of fees, charges, or disbursements>
for anY business
whatsoever done by an attorney, solicitor, or proctor, whether in an
action or
suit or noon au action or suit, not relating thereto it shall not be
necessary for
the said person to apply to the Supreme Court for any order in that
behalf;
but he shall be at liberty (if he think fit) to refer such bill of his own
authority to tile Registrar or other Taxing Master of the said Court, who
shall thereupon proceed to tax the same in like manner as he would have
done under an order of reference for that purpose in conformity with the
Imperial Enactments, -which by section eleven are extended to this Colony
in manner aforesaid.
Penalty ail per- 13. Any person not duly admitted as attorney, solicitor,
or proctor of the said
sons nnlawftlny
practi9ingor Supreme Court, who shall either directly or indirectly
practise or act within this
acting 719 att01'-
'°eR' $°' Colony as an attorney, solicitor, or proctor, shall for every
such offence forfeit and pay
Ordinance No. 13 of 1856.
Admission of Practitioners in Supreme Court.
to the Crown a sum not exceeding two hundred dollars, nor less than fifty
dollars, to
be sued for and recovered by the Attorney General by action at law in the
Supreme
Court.
[All repealed (except sections 11 and 12) by Ordinance No. 3 of 1871.]
Title.
Preamble.
Ordinance No. 6 of 1845.
Qualifications of candidates.
The Court ot appoint the Attorney General, a barrister, or Registrar of the Supreme Court, with two attornies, to be examiners.
Written answers.
Certificate of the examiners.
The candidate, of unsuccessful, may appeal to the Court.
Certificate or order to be in force for one month.
Alienage or Chinese status no disqualification.
Saving of existing rights.
Fifty dollars payable on admission
Oath.
Striking off the rolls.
Extension of the 6 & 7 Vict. c. 73. ss 4, 5, 28, 29, 32, 37, 38, 39, 40, 41, and 43.
Taxation may be had without order of reference.
Penalty on persons unlawfully practising or acting as attornies, &c.
359
Admission of P~actitioners in Supreme Court.
No. 13 of 1856.
An Ordinance for the Admission of Candidates to the Rolls of
Practitioners:
in the Supreme Court, and for the Taxation of Costs.
[21st June, 1856.a
Ordinance No. 6
of 1896.
meianuie. :~HEREAS by Ordinance No. 6 of 1815, any person soever who shall
have served -
for ~ for a period of three years as an articled clerk to any solicitor,
attorney, .or-
proctor, actually practising as such within this Colony, or who shall
have been admitted.
as a solicitor, attorney, or proctor, in any other British Colony, is
qualified to be
approved, admitted, and enrolled by the Supreme Court to practise as a
solicitor,.
attorney, and proctor in the said Court, and that as fully and freely as
if he had been.
duly admitted as a solicitor, attorney, writer, or proctor in the several
Courts of Great
Britain and Ireland respectively: And whereas no provision ha.th been
made for the-
examination of the said persons before such approval, admission, and
enrolment: And
whereas it is expedient to make provision in that behalf, and also to
extend the benefit
of the said recited provisions to other duly qualified persons who shall
be so found by
the persons conducting such examination: And whereas it is also expedient
that further-
provision be made for the taxation of costs in all cases: Be it therefore
enacted and
ordained by His Excellency the Governor of Hongkong, with the advice of
the Legisla-
tive Council thereof, in manner following, that is to say:-
Qimliflcatlons of 1. From and after the passing of this Ordinance, any
person who shall have
Candidates. actually exclusively and boma ,fide served for the period of
three years or upwards;
(whether computed from any time previous or from any time subsequent to
the passing
of this Ordinance,) as Registrar, Deputy Registrar, clerk of the Supreme
Court or of a.
dfidge thereof, clerk to the Attorney General, or interpreter to the said
Court, or as a
clerk of the pea,ee, or as an articled clerk to any actually practising
attorney, solicitor,
or proctor of the said Court,'or for tiny one portion of the said period
in some one of
the said capacities, and for the residue thereof in some other 'or others
of them, lut
dot in two or more of them at the same time, or who shall have been duly
admitted as.
The Conrtto
appoint the
Attcrney ciene-
rai, a barrister,
or Registrar of
the gnprome
Court, with two
=i ttornies,.tn be
extalliners.
&n attorney, solicitor, or proctor in any other of Her Majesty's
Colonies, shall be eligible,
for admission to practise as an attorney, solicitor, and proctor of the
said Suprenie
Court, but only upon the conditions hereinafter specified.
Q. In the fourth term of the present and every succeeding year, the
Attorney-
General, a barrister or Registrar of the Supreme Court, of this Colony
and. two actually -
practising attornies of the said Court shall be by rule of Court
appointed to be then
examiners for the then next ensuing twelve months, into the fitness of
candidates of .the.
classes described in section one for admission to practise as attornies,
solicitors, and-
pxoctors, under this Ordinance. And the said examiners, or any two of
them of whop.,
the said Attorney General, barrister, or Registrar shall be one, shall,
at such reasonable
times as the said Court shall appoint and notify, proceed to examine into
the fitness of
the said candidates in that behalf, having due regard unto their
character, conduct;
learning, and length acid assiduity of service, and their other
credentials, and conform-.
ORDINANCE No. 13 .oF 1856.
Admission of Practitioners, in Supreme Court.
ing themselves so far as may be practicable to the regulations by which
the examinations
of candidates for admission to practise as attornies and solicitors of
the Courts of
Westminster are governed and directed.
3. Such questions as are propounded in print or in writing to the said
candidates Written anslvers.
by the examiners in that behalf, shall be answered in writing.
4. The examiners shall certify the result of every such examination to
the certificate of the
examiners.
Supreme Court within one week from the completion of the said
examination: And
every such certificate shall be in writing signed by the examiners, or
any two of them
of whom the said Attorney General, barrister, or Registrar shall be one,
and shall state
to the effect that the examiners, or the majority of them, find that the
candidate is or
(as the case may be) is not fit to act as an attorney, solicitor, and
proctor of the
Supreme Court, or (as the case may be) that the examiners have not been
able to come
to any finding as to his fitness in that behalf.
5. If the examiners, or the majorioy of them present at the examination,
find
that the candidate is fit, he shall be admitted to practise accordingly:
but if they, or
the said majority, find that he is not fit, or come to no finding, he
may, oil his petition
to the Supreme Court, be heard in support of his qualification and claim
to such
admission. And if the said Court shall grant the prayer of such his
petition, he shall
be admitted accordingly, notwithstanding any such finding or want of
finding as
aforesaid.
6. Except in cases where the Court on special application shall give
leave to the
contrary, no admission shall be granted, whether upon such certificate or
such petition
as aforesaid, after the expiration of one month from the date of the
return of the
certificate or (as the case may be) the date of the order made upon the
petition.
7. No person bond fide domiciled within this Colony, and who shall comply
with Alienage or
the provisions of this Ordinance, shall be disqualified from obtaining
such admission disqualificationn
.
`r
as aforesaid merely by reason of alienage, or that he is by birth a
Chinaman.
8. The provisions aforesaid shall not in any way affect the right of such
persons
as shall have been admitted as attornies, solicitors, or writers in one
of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in an Ecclesiastical
Court in Eng-
land, to be admitted to practise in the said Supreme Court as attornies,
solicitors, and
-proctors thereof.
9. Every person soever who from henceforward shall be admitted to
practise as
attorney, solicitor, or proctor, whether under this Ordinance or not,
shall, on such
admission, pay to the Registrar, or Deputy' Registrar of the Supreme
Court for the,
use of the Crown the fee of fifty dollars, and shall take and subscribe
all such oaths or
affirmations as are appointed by the Acts of Parliament for the time
being in force in
England for regulating the admission of persons to practise in the
profession of attorney
or solicitor ,-every Jew or heathen who shall take the oaths omitting
the words 'on
the true faith of a Christian,' and taking the said oaths according to
his own
conscience.
The candidate, if
unsuccessful,
may appeal to
the Court.
Certificate or
order to be in
force fur one
month.
Seeing of exist-
ing right's.
Fifty dollars
payable on
admission.
Oath.
ORDINANCE No. 13 0F 1856.
Admission of Practitioners in Supreme Court.
Striking off the 10. The jurisdiction of the Supreme Court, in removing or
striking off the names
tuna.
of barristers, attornies, solicitors, proctors or interpreters from the
rolls of 'the said:
Court, is not affected by this Ordinance.
Extension of 11. So much of the Act of Parliament passed in the sixth and
the 6 &7Vict.
cseventh years of Her present Majesty chchapter seventy-three, sections
four. ~s. §§ 4, s, 1 >
zs, 29, 32,37,
ss, ss, 40; m, five, -twenty-eight, twenty-nine, thirty-two,
thirty-seven. thirty-eight,
:and 43. , thirty-nine, forty, forty-one, and forty-three, as relates to
the competence
of attornies or solicitors to have clerks bound -by contracts under
articles,
the discharge of such contracts, service under .such contracts when made
with disabled or disqualified persons, the time for making applications
for
striking off the roll persons admitted and enrolled erroneously but
without
fraud, the agency of attornies or solicitors for disqualified persons, the
delivery, reference, and taxation ( w Nether before payment or after) of
bills of fees, charges, and disbursements for any business done by
attornies
or solicitors, applications of parties and orders of Court for delivery
and
reference in such cases, and for delivery up of deeds, documents, or
papers, certificates of taxation and entering up of judgments, and the
conditions on which actions or suits may be commenced or maintained by,
attornies or solicitors for the recovery of any fees, charges, or disbur-
sements, shall, from the passing of this Ordinance ( but subject to the
provisions hereinafter contained) extend to this Colony, and to all busi-
ness now being done or to be hereafter done within the same.
°Tazation ituy 12. If any person shall be desirous of obtaining, under
section eleven,
ue had with-
out order of the taxation of a bill of fees, charges, or disbursements>
for anY business
whatsoever done by an attorney, solicitor, or proctor, whether in an
action or
suit or noon au action or suit, not relating thereto it shall not be
necessary for
the said person to apply to the Supreme Court for any order in that
behalf;
but he shall be at liberty (if he think fit) to refer such bill of his own
authority to tile Registrar or other Taxing Master of the said Court, who
shall thereupon proceed to tax the same in like manner as he would have
done under an order of reference for that purpose in conformity with the
Imperial Enactments, -which by section eleven are extended to this Colony
in manner aforesaid.
Penalty ail per- 13. Any person not duly admitted as attorney, solicitor,
or proctor of the said
sons nnlawftlny
practi9ingor Supreme Court, who shall either directly or indirectly
practise or act within this
acting 719 att01'-
'°eR' $°' Colony as an attorney, solicitor, or proctor, shall for every
such offence forfeit and pay
Ordinance No. 13 of 1856.
Admission of Practitioners in Supreme Court.
to the Crown a sum not exceeding two hundred dollars, nor less than fifty
dollars, to
be sued for and recovered by the Attorney General by action at law in the
Supreme
Court.
[All repealed (except sections 11 and 12) by Ordinance No. 3 of 1871.]
Title.
Preamble.
Ordinance No. 6 of 1845.
Qualifications of candidates.
The Court ot appoint the Attorney General, a barrister, or Registrar of the Supreme Court, with two attornies, to be examiners.
Written answers.
Certificate of the examiners.
The candidate, of unsuccessful, may appeal to the Court.
Certificate or order to be in force for one month.
Alienage or Chinese status no disqualification.
Saving of existing rights.
Fifty dollars payable on admission
Oath.
Striking off the rolls.
Extension of the 6 & 7 Vict. c. 73. ss 4, 5, 28, 29, 32, 37, 38, 39, 40, 41, and 43.
Taxation may be had without order of reference.
Penalty on persons unlawfully practising or acting as attornies, &c.
359
Abstract
Title.
Preamble.
Ordinance No. 6 of 1845.
Qualifications of candidates.
The Court ot appoint the Attorney General, a barrister, or Registrar of the Supreme Court, with two attornies, to be examiners.
Written answers.
Certificate of the examiners.
The candidate, of unsuccessful, may appeal to the Court.
Certificate or order to be in force for one month.
Alienage or Chinese status no disqualification.
Saving of existing rights.
Fifty dollars payable on admission
Oath.
Striking off the rolls.
Extension of the 6 & 7 Vict. c. 73. ss 4, 5, 28, 29, 32, 37, 38, 39, 40, 41, and 43.
Taxation may be had without order of reference.
Penalty on persons unlawfully practising or acting as attornies, &c.
359
Preamble.
Ordinance No. 6 of 1845.
Qualifications of candidates.
The Court ot appoint the Attorney General, a barrister, or Registrar of the Supreme Court, with two attornies, to be examiners.
Written answers.
Certificate of the examiners.
The candidate, of unsuccessful, may appeal to the Court.
Certificate or order to be in force for one month.
Alienage or Chinese status no disqualification.
Saving of existing rights.
Fifty dollars payable on admission
Oath.
Striking off the rolls.
Extension of the 6 & 7 Vict. c. 73. ss 4, 5, 28, 29, 32, 37, 38, 39, 40, 41, and 43.
Taxation may be had without order of reference.
Penalty on persons unlawfully practising or acting as attornies, &c.
359
Identifier
https://oelawhk.lib.hku.hk/items/show/104
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 13 of 1856
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ADMISSION OF PRACTITIONERS IN SUPREME COURT ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 16, 2025, https://oelawhk.lib.hku.hk/items/show/104.
