COLONIAL SOLICITORS ACT1900

COLONIAL SOLICITORS ACT1900

6.-THE COLONIAL SOLICITORS ACT, 1900.

Order in Council, 4th November, 1901.

At the Court at St. James, the 4th day of November, 1901.

PRESEXT:
The King's Alost Excellent Majesty.
WHEREAs by the Colonial Solicitors Act, 1900, it is enacted that where
as respects a Superior Court in a British Possession His Majesty the
King in Council is satisfied on the report of a Secretary of 8Latc,-

(a) that the regulations respecting the admission of persons to be
solicitors of that Superior Court are such as to secure that those solicitors
possess proper qualifications and conipetency; and
(b) that by the law of the British Possession the solicitors of the Sit-
preme CourCwill be admitted to be solicitors of theSuperior Court in the
Possession on terms as favourable as those on which it is proposed to
admit solicitors of that Superior Court in pursuance of the said Act. to be
solicitors of the Supreme Court :
His Majesty in Council msy order that the said Act shall apply and
the same shall accordingly apply to the said Superior Court and British
Possession, subject to any exception-,, conditions, and modifications Speci-
fled in the Order :
AXD WHEREAs by the said Act it is further provided that His Majesty in
Council by the same or any subsequent Order inay as respects the Court
and British Possession named in the Order provide for all matters author-
ised by the said Act to be prescribed, and for all niatters appearing to His
Majesty to be necessarY or proper for giving effrect to the Order and to the
said Act and that an Order in Council applyinlo. the Act to a Court im a
British Possession may provide that solicitors of that Court may be
admittd by virtue of the said Act ot be solicitors in any part of the
United Kingdom, namely, Englaud, Scotland ot. Ireland, or in two or one
of those parts only:
AND WHEREAS application has been made by the Governor of the
Colony of Hongkong that the said Act way be applied to 'that Colom
AND WHEREAs His Majesty in Council on the report of the Secretary
of State for the Colonies is satisfied that the regulations respecting the
admission of persons to be solicitors of the Supreme Court of the Colony
of Hongkong are such as to secure that those solicitors possess proper
qualifications and competency and= that by the law of the Colony of
Hongkong the solicitors of the Supreme Court in England and lreland
and Law Agents in Scotland will be admitted to be solicitors of the Su-
preme, Court of the Colony of Hongkong on terms as favourable as those
on which it is proposed to admit solicitors of that Court in pursuance of
the said Act to be solicitors of the Supreme Court :
NOW THEREPORE His Majesty in pursuance of the said recited Act and
in execution of the powers thereby in His Majesty vested is pleased by
and with the advice of His Privy Council to Oraer and it is hereby Or-
dered that the Colonial Solicitors Act, 1900, shall apply to the Supreme





Court of the Colony of Hongkong and to the Colony of Hongkong and
that solicitors of the Supreme Court. of the Colony of Hongkong may be
admitted by virtue of the said Act to be solicitors in England and in
Ireland, and Lair Agents in Scotland subject to the conditions herein-
after specified
(1) A solicitor of the said Supreme Court of the Colon y of Hongkong
(hereinafter called the applicant) who, having becii in practice before
such Court for not less than 3 years, is desirous of being admitted to be
a solicitor of the Supreme Court in England or Ireland or a Law Agent in
Scotland shall be a male British subject.
(2) The applicant shall, 4 calendar months at, least before the first
day of the month in which he proposes to be admitted, leave. with the
Registrar of Solicitors, or in the case of Scotland with the Registrar of
Law Auents, his originail certificate. of admission in the said Supreme
Court of the said Colony Lcygether with-
(a) a certificate from the authority of the said Colony in whose custody
the roll of the solicitors of the said Court is kept stating that his name is
still upon the roll. and has never been removed therefroill and that no or-
der has ever been made directing him to be guspended from practising
his profession ;
(b) one or niore certificates of fitness and character singed by two re-
sident practising solicitors of at least 5 years standing in the said
Court and by at least one of the Judges or officers next in rank of such
Court ;
(r) a statutory declaration in terms of or to the effect of that set out in
the schedule A hereunto annexed.
(3) The leaving of the before-inentioned documents shall be equivalent
to notice of intention to apply for admission within the ineaning of the
Acts regulating the admission of solicitors in England and Ireland re-
spectively.
(4). A certificate under the hand of the Registrar of Solicitors that the
applicant has coniplied with the provisions of the Colonial Solicitors Act,
1900, and of this Order, shall be equivalent to the certificate of his
having passed the final examination required in England and Ireland
respectively.
(5) The application for admission to be a solicitor in England sball be
to the Master of the Rolls and for the like admission in Ireland to the
Lord Chancellor of Ireland.
(6) The applicant in Etigland of Ireland shall not be required to pass
any examination either before or after making such application.
(7) The admission of the applicant as solicitor in England or Ireland
shall be stamped with the stamps required to be impressed on the admis-





sion of solicitors in England and Ireland respectively, and shall be im-
pressed with such further starnp as shall together with the amount of
stamps paid on articles of- clerkship and admission in the Colony of
Hongkong (such amount being certified by a Judge of the Supreme,
Court of the said Colony in the form set out in the schedule B hereunto
annexed) be equal in amount to the suni payable, on articles of clerkship
in England and Ireland respectively.

(8) The admission of the applicant as a Law Agent in Scotland shall
he stamped with such starn 1) as shall, together with the amount of stallips

paid on articles of clerkship and admission in the Colony of llongkong

(such -amount being certified by a Judge of the Sul)reine Court of the

said Colony in the form set out in the selledule B hereunto annexed)
be equal to the stamps required to be inipressed on the articles of
clerkship and admission of Law Agents in Scotland.

(9) The following fees sh..M be paid the applicant in England and
Ireland respectively
A.-To the Incorporated Law Societv of the, United Kingdom in Eng-
land:-

Before entering his name on the Roll of Solicitors... 5 0 0
R-To the Incorporated Law Society of Ireland :-
On his application for adinission being lodged 10 0 0
Before entering his name on the Roll. of Solicitor 5 5 0

(10) The following fees shall be paid by the applicant in Scotland

Fee Fund Dues Qf Rdract .......010 6
_Dues of Fixtract .............0 8 0
Fees ..........................0 2 6
Fees on subscription of Roll of Law Ayents practis-
ing before the Court of' Session or any SherV
Court. In each case ........................... 0 5 0

Law Examination Fees, viz:-
.......................
Fees to Evxaminer ...2 2 0
-Defraying Fvxpenses ..1 1 0
Petition _Dues . ......2 2 0
Fee _Fund Dues on Petitions 0 10 0
-5 15 0







(11) The application for admission to be a Law Agent in Scotland shall
bc made by Petition to the Court of Session, and if the Court shall be
,satisfied that the applicant has complied with the requirements of this
Order they shall or ordain him to undergo the examination in law prescribed
for the time being for applicants for admission as Law Agents in Scotland
under the Law Agents (Scotland) Act, 1873, and Acts amending the same,
and on the Cour being satisfied that the applicant has duly passed such

examination, then and not otherwise. the Court shall cause him to be
admitted a Law Auent and his. nanie to he enrolled as such, which admis-
sion sliall be in writina and shyned by a Judge of the Court, and shall be
stamped with the stanips required by clause 8 of this Order.
The rules in force in Scotland for the time, being as to the presentation

of petitions for adinission as Lam. Agent and the proceeding's under the

saine shall be applicable to all applications under this Order for admis-
sion as a Law Agent in Scotland.

SCHEDULE A.

In the matter of the colonial Solicitors Act, 1900
and
In the matter of
I, in the Colony of Hongkong, do solemnly and sincerely declare
as follows:-

1. I an a male British subject,

2. I was on the day of admitted a solicitor of the
Supreme Court of the Colony of Hongkong, and i have been in practice before such court
for not less than three years. My name remains on the roll of the said court, and i have
not at any time been suspended from practive by the court or by any Judge thereof, nor
are any proceedings pending to strike my name off the said Roll or to supend me from
practice. I beg to refer to the Certificate of marked 'A ' now produced
to me in proof of the statements in this paragraph.

3. I have not been bankrupt or insolvent, nor have I made a composition or arrange-
ment with my crditors. ( If this is not the case, state the facts with dates, and show that
a complete discharge has been obtained.)

4. The document now produced and shown to me and marked with the letter 'b' is my
original certificate of admission i nthe said court and the documents now produced and
shown to me and marked respectively with the letters 'C' and 'D' are repectively
certificates of character and as to my fitness to be admitted ['a Solicitor of the supreme
Court in England or Ireland 'or' a law Agent in Scotland,' as the case may be] signed
respectively by one of the Judges of the said Court (if not a Judge state
his rank), and by of and of
two practising solictitors of teh said Court of at least five years standing

And I make this solemn declarationconscientiously believing the same to be true and
by virtue of the provisons of the Statutory Declaratious Act, 1835

SCHEDULE B

I ,[nameand style of Judge] do hereby cetify that the amount of stamps paid on ARticles
of Clerkship when [name and styl of applicant] was articled was the sum if , and
on admission when he was admitted to practise the sumof




ACT OF 1900-63 & 64 VICT. c. 14:-

An Act to provide for the admission of Solicitors of courts of British
Possessions to the Supreme Courts in the United Kingdom.
[10th July 1900.]
A solicitor of a superior Court in a British possession to which this
Act applies, and who has been in practice before such Court for not
than 3 years, inay on giving due, notice and the prescribed proof of his
qualifications and good character, and either on passincy the prescribed
examination or, in the prescribed cases, without examionation, and either
after servien of articles of clerkship during the prescribed period, or, in
the prescribed cases, without such service, be admitted a solicitor of the
Supreme Court on Payment of the prescribed aniount in respect of stanip
duties and fees.

2.-(1) Where as respects a superior Court in a British possession Her
Majesty the Queen in Council is satisfied, on the report of a Secretary of
State-
(a) That the regulations respecting the admission of persons to be
solicitors of that superior Court are ' such as to secure thal those solicitors
possess proper qualifications and competency; and
(b) that by the. law of the British possession the solicitors of the
Supreme Court will be admitted to be solicitors of the Superior Court in
the possession, on terms as favourable as those on which it is proposed to
admit solicitors of that superior Court in pursuance of this Act to be
solicitors of the Supreme Court ;
Her Majesty in Council may order that this Act shall apply, and the
same shall accordingly apply to the said superior Court and British
possession subject to any exceptions, conditions, and modifications
specified in the Order.
(2) Hei. Majesty in Council, by the same or any subsequent Order,
may, as respects the Court and British possession nalned in the Order,
provide for all matters authorised by this Act to be prescribed, and for
all matters appearing to Her Majesty to bc necessary or proper for

giving effect to the Order and to this Act.
(3) Her Majesty in Council may revoke and varyany Order previously
made under this Act.

P.-(1) In this Act, unless the context otherwise requires, the express-
ions 'superior Court' and 'solicitor' respectively as respects any
British possession, such Court in the possession, and such solicitor,
aittorney, law agent or other person entitled to practise as agent in a
Court of law in the British possession, as may be prescribed.

(2) A part of a British possession under a local Legislative may be
treated as a British possession for the purposes of this Act.

4. In the application of this Act to Scotland, the following modifica-
tions shall be made:-
(a) 'Court of Session' shall be substituted for 'Supreme Court'.
(b) 'Solicitor of the Supreine Court' shall inean any enrolled law
agent under the Law Agents (Scotland) Act, 1873.
(c) -'Articles of clerkship' shall include 'indentures of apprentice-
ship.'

5. In the application of this Act to Ireland the followino, modification
shall be inade:-
Articles of clerkship shall include indentures of apprenticeship.

6.- (1) An Order in Council applying this Act to a Court in a British
possession may provide that solicitors of that Court may be admitted by
virtue of this Act to be solicitors in any part of the United Kingdom,
namely, England, Scotland, or IreLand or in two or one of those parts
only.
(2) A person admitted under this Act to be a solicitor in one part of
the United Kingdom shall not, while remaining a solicitor there, be

admitted under this Act to be a solicitor in any other part of the United
Kingdom.

7.-(1) This Act may be cited as the Colonial Solicitors Act, 1900.
(2) The Acts specified in the, seliedule to this Act are hereby repeal-
ed.
(3) This Act shall coine into operation on 1st January,, 1901.

SCHEDULE.
20 & 21 Vict. c. .'39.--Tlie Colonial Attorneys Belief Act.
37 & 38 Vict. c. 4L-The Colonial Attorneys Relief Act.
47 & 18 Vict. c. 24.-The Colonial Attorneys Relief Act Amendment
Act 1884.
Order in Council, 1901. Order in Council, 1901. Order in Council, 1901. 5 & 6 Will. 4c. 62 Admission of solicitor of British possession. Application of solicitor of British possession. Definitions. Act of 1900. Application of Act to Scotland. 36 & 37 Vict. C. 63. Application of Act to Ireland. Modification in application of Act to different parts of United Kingdom. Short title, &c.

Order in Council, 1901. Order in Council, 1901. Order in Council, 1901. 5 & 6 Will. 4c. 62 Admission of solicitor of British possession. Application of solicitor of British possession. Definitions. Act of 1900. Application of Act to Scotland. 36 & 37 Vict. C. 63. Application of Act to Ireland. Modification in application of Act to different parts of United Kingdom. Short title, &c.

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