LEGAL PRACTITIONERS ORDINANCE, 1871

LEGAL PRACTITIONERS ORDINANCE, 1871

No. 1 of 1871.

An Ordinance to consolidate and amend the laws relating
to the leagal profession.
[29th May, 1871.]
1. this Ordinance may be cited as the Legal Practitioners
Ordinance, 1871.

2. In this Ordinance,
(a) Articles include any contract in writng whereby
any person is bound to serve as clerk to a solictor.

(b) Client includes any person who, as principal, or
on behalf of another person, or as trustee or executor, or in
any other capacity, has ower, express or implied to retain
or employ, and retains or employs, or is about to retain or
employ, a solicitor, and any person for the time being liable
to pay a solicitor for his services any costs, remuneration,
charges, expenses,or disbursements.

* As amended by Law Rev. Ord., 1923.
+ As amended by No. 19 of 1913, and Law Rev. Ord., 1923.


(c) Costs include all moneys, by whatever name called,
which a client pays or is liable to pay to a solicitor for, or in
respect of, or in anticipation of services rendered or to be
rendered to him by such solicitor, or for or in respect of any
feees, charges, or disbursementss paid or made, or to be paid
or made, by such solicitor for him or on his behalf.

(d) The court means the Supreme Court, and includes
any of the judges sitting together or separtely in court or
in chambers.

(e) The Hongkong Law Cociety means the society of
that name incorporated under the Companies Ordinance,
1865, on the 8th day of March, 1907.

(f) Mortgage includes any chaarge on any property for
securing money or money's worth.

(g) Party includes a body of pesons corporate or un-
incorporate.

(h) The Registrar means the Registrar of the court.

(i) Solicitor means a solicitor qualified to practice in
the Colony according to law.

Service and examination 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 becomr bound under
articels or clerkship to solicitors, in order to ascertain the
fitness of such pesons to become so bound, havng regard to
their general learning and education and to their character
and conduct.

(2) No such preliminary examination shall be necessary
in the case of any person who shall have passed the matriculat-
tion examination of the University of Hongkong, or who
shall have passed an examination which would in England
exempt himfrom passing te preliminary examination of the
Law Society.

(3) Aarticels of clerkship shall be null and void unless the
intended articeld clerk shall have passed one of the examina-
tions referred to in sub-section (2) or shall have passed the
preliminary examination referred to in sub-section (1) or
shall have obtained from the Chief Justice an order exempting
him from such preliminary examination.

* As amended by No. 19 of 1913, No. 24 of 1921
and law Rev. Ord., 1923.























4. Any person, being a British subject, who has for the
term of five years been a bona fide clerk to a solicitor
practising in this Colony and during that term has been bona
fide engaged in the transaction and performance, under the
direction and superintendence of such solicitor, of such
matters of business as are usually transacted and performed
by solicitors, and who produces to the Cheife Justice satisfac-
tory evidence that he has faithfully, honestly, and diligently
served as such clerk, shall be exempted from any preliminary
examination.

5.-(1) Articles whereby any person becomes bound to
serve as a clerk to any solicitor, and every assignemnt 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, make and duly swear,
or cause to be made and duly sworn, an affidavit of such
solicitor having been duly admitted, and also of the actural
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 or assignment were or was
actually executed, and such person shall also, within the said
period, file the said affidavit in the court.

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

(2) The Registrar shall likewise enter the names of the
parties to and the date of such articels or assignment and the
term of service in a book to be kept for that purpose, and
shall mark such articels 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.

7. The formalities prescribed by sections 5 and 6 may be
observed and performed after the expiration of the period of
one month therein specified, by leave of the Cheif Justice,
but the service of the clerk so bond as aforesaid shall be

* As amended by Law Rev. Ord., 1923.











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.

8. 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 employment of clerk to such
solicitor and his partners, if any, in the business, practice,
or employment of a solicitor.
9. In case any solicitor to whom any clerk is articled
becomes bankrupt before the expiration of the term, or
exeeutes 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 and direct the articels to discharged or
assigned to such person, on such terms, and in such manner,
as the court thinks fit.

10. The Chief Justice may make regulations, subject to
the approval of the Legislative Council, for the final
examination of persons who have been bound by articels of
clerkship for a period of five years as aforesaid, in order
to ascertain the fitness of such persons for admission to
practise as solicitors in the court, havng due regard to their
general learning and education, their character and conduct,
their professional knowledge, the length and assiduity of
their service, and their other credentials.

11. The Attroney General and any two or more fit persons,
at least one of whom shall be a solicitor practising in the
Colony, to be appointed as occasion may require by the Chief
Justice in writing and under the seal of the court, shall be
examiners for the purposes of section 10. Each examiner
shall receive for his services such sum as the Governor in
Council may by regulation prescribe, and the amount required
for the payment of the examiners shall be paid by the
candidate, or, if there be more than one candidate, by the
candidates in equal shares, before the beginning of the
examination.

* As amended by No. 19 of 1913, No. 24 of 1921 and
Law Rev. Ord., 1923.





























12. Until regulations for such preliminary and final
examinations are made as aforesaid and so far as the same
may be incomplete and may omit to provide for any particular
matters or things, the examiners may conform themselves, so
far as may be practicable, to the regulations by which the
examinations of persons intendng to become bound under
articels or clerkship, and of candidates for admission to
practise as solicitors in England are respectively governed
and directed.

13.-(1) The examiners shall certify the result of every
such preliminary or final examination to the court within one
week from the completion of the same or within such further
time as the court may allow.

(2) Every such certificate shall be in writing signed by the
examiners or any two or more of them, of whom the Attorney
General shall be one, and shall state to the effect that the
examiners or the majority of them find that the candidate is
or is not fit tot become bound under articles as aforesaid or
to act as a solicitor, as the case may be, or that the examiners
have not been able to come to any finding as to his fitness in
that behalf.

14. If the examiners or themajority of them present at
any such final examination find that the candidaate 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,
the candidate may, on his petition to the court, be heard
in support of his qualification and claim to such admission;
and if the court grants the prayer of his petition, he hsall be
admitted accordingly, notwithstanding any such finding or
want of finding as aforesaid.

15. Except in any case where the court, on special
application, gives leave to the contrary, no admission shall be
granted, whether on such certificate or on such petition as
aforesaid, after the expiration of one month from the date of
the return of the certificate or the date of the order made on
the petition, as the case may be.

16. Every candidate for admission as a solicitor shall give
one month's notice in writing to the Registrar and to the
secretary of the Hongkong Law Society of his intention to

* As amended by No. 19 of 1913.



















apply for examination and admission, and shall cause a like
notice to be inserted three times in the Gazette and in a
pulic newspaper of the Colony: Provided always that the
Chief Justice may, on any special grounds, make an order
dispensing with all or any of the formaalities prescribed by
this section.

17. Every such candidate who has given notice of such
his intention and who has not attended to be examined, or
has not passed the examination, or has not been admitted,
may, but not withn six months after such notice given, renew
the notice for examination and admission, and so from time
to time as often as he may think proper: Provided always that
if any such person has been prevented from attending to be
examined as aforesaid by reason of sickness or other unavoid-
able cause, it shall be lawful for the Chief Justice to permit
such notice to be renewed within the said period of six
months.

18. Every such candidate who has served part of the
period of five years as an articled clerk to a solicitor practis-
ing in Great Britain or Ireland, and the other part to a
solicitor practising in this Colony, shall, in addition to the
formalities prescribed by sections 5 and 6 in respect of the
articles therein mentioned, and before he can be admitted
and enrolled, produceto the Registrar the articels under
which he has become bound to such solicitor practisng in
Great Britain or Ireland and every assignment thereof, and
shall make and swear, or duly cause to be made and sworn,
such affidavits in relation therto as are prescribed by section
5 in respect of the articles therin mentioned; and the the provi-
sions of section 6 shall kilewise apply to articels whereby
such cndidate has been bound to serve any solicitor practis-
ing in Great Britain or 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
promalities prescribed by this section, either absolutely or
for any specified period.

19.-(1) Every such candidate shall, before he can be
admitted and enrolled, prove by an affidavit of himself or of
the solicitor or solicitors practising in Great Britain or
Ireland or in this Colony to wom he was bound, to be duly
made and filed in the court, that he has acutally and really

* As amended by Law Rev. Ord., 1923.
































served and been employed by such practising solicitor or
solicitors during the period of five years required by this
Ordinance, 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 partners, if any, in the business,
practice, or employment of a solicitor.

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

Admisision of barristers, solicitors, and notaries public.

20. No person shall practise in thisColony as a barrister
or solicitor unless he has been aproved, admitted, and
enrolled by the court, or as a notary public unless he has
been registered, under the provisions of this Ordinance.

21. The court shall havepower tot approve, admit, and
enrol such persons as have been admitted barristes or
advocates in GReat Britain or Ireland to practise as barristers,
and such persons as have been admitted as attorneys,
solicitors, or writers in one of the courts at London, Dublin, or
Edinburgh, or as proctors in any Ecclesiastical Court in
England, to practise as solicitors in the court.

In this Ordinance, writers shall be deemed to include
law agents as defined in section 1 of the Act 36 and 37
Victoria, chapter 63.

22. Every person who desires to be admitted under sec-
tion 21 to practise in the court in any of the capacities
therein mentioned.

(a) if a barriste 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, writer or proctor, shall give
four months previous notice in writing to the Registrar and
the secretary of the Hongkong Law Society of such his
disire, and shall deposit with the Registrar his certificate of
admissiion, together with a certificate from the proper officer
of the court issuing such certificate of admission that such

* As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
+ As amended by No. 19 of 1923 and Law Rev. Ord., 1923.














last-mentioned certificate is still valid and in force, and a
further certificate of fitness and character signed by two
practising attorneys,solicitors or writers of as least five years
standing in one of the courts at London, Dublin or Edinburgh,
and shall file in the court an affidavit of identity in such
form as 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. But no such exemption shall be granted
in the case of an attorney, solicitor, writer or proctor unless
notice of intention to apply therefor has been previsiously
given by tge applicant to the secretary of the Hongkong Law
Society.

23. The court shall have power to admit and enrol as a
solicitor any person, being a British subject, who has actually
exclusively and bona fide served for the period of five years
as a clerk under articels to any solicitro acutualy praaactising
in the Colony, or part of such period of five years under
articles to such solicitor and the other part under articles to
any solicitor actually practising in GReat Britain or Ireland,
and who has been examined and sworn in the manner herein
directed, and has fulfilled all the conditions of this Ordinance
in relation to such admission.

23A. The Hongkong Law Society shall, subject to the
approval of the court first obtained, have a right of audience
by solicitor or counsel on the hearing ofg any application for
admission as attorney, solicitor, writer or proctor under
section 21 or section23, or for exemption in the case of any
attorney, solicitor, writer or proctor from complying with the
formalities prescribed by section 22 or for striking the name
of any solicitor or proctor off the rolls under section 52.

24. Every person who applies to admitted and enrolled
under section 21 or section 23 as a solicitor shall, before
admisison and enrolment, subscribe the oath of allegiance in
the form prescribed by the Promissory Oaths Ordinance,
1869, and also the oath following:-

* As amended by No. 19 of 1913.
+ As amended by Law Rev. Ord., 1923.









I, A, B., do swear [or solemnly, sincerely, and truly declare
and affirm] that I will truly and honestly demean myself
in the practice of solicitor, according to the best of my
knowledge and ability. So help me god [these words are
to be omitted in the case of a declaration or affirmation].

25. the REgistrar shall keep a special book for the
registration of notaries public, and every notary public who
produces his notarial faculty, and files in the court an
affidavit of identity in such form as may be approved by the
Chief ustice,shall, on payment of the prescribed fee, be
entitled to be registered therein.

Practice of barristers, solicitors, and notaries public.

26. It shall be lawful for any peson admitted and
erolled by the court as a barrister or as a solicitor to
practise as such respectively in the courts.

27. Every person who-
(1) either directly or indirectly, practises or acts as a
barrrister or solicitor, without having been admitted and
enrolled, or as a notary public, without having been duly
registered; or

(2) without possessing any qualification as a barrister,
solicitor, or notary public, acts as such or prepares any
document whatever for fee or reward,

shall upon summary conviction be liable to a fine not
exceeding one thousand dollars.

28. The rules of the legal profession and laws now in
force in relation to the practice of barristers and solicitors
admitted and enrolled by the court shall be modified to the
extend mentioned in sections 29 amd 30.

29.-(1) A barrister may, withou the intervention of a
solicitor, hold consultations with clients and give opinions
in all matters whatever.

(2) A barrister may, without the intervention of a solicitor,
appear for a client in all criminal proceedings before the
court, and in all civil proceedings in the court in its summary
jurisdiction, and in all proceedings whatever before any
court of inferior jurisdiction.

* As amended by No. 24 of 1921.
+ As amended by Law Rev. Ord., 1923.




























(3) A barrister may receive fees directly froma client
for professional business which he ma transact without the
intervantion of a solicitor.

(4) No barrister shall practise as a notary public.

30.-(1) A solicitor may practise as an advocate in the
court in its summary jurisdiction.

(2) No solicitor who is admitted and enrolled shall, while
in the employment of another solicitor, practise on his own
account or in his won name or transact any legal business
otherwise than as clerk to such other solicitor.

Taxaction and revocery of solicitors' costs:

31. On any taxation of costs the taxing officer may in
detemining 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.

32. if any person is desirous of obtaining, under section
51, the taxation of a bill of fees, charges, or disbursements,
for any business whatsoever done by a solicitor, whether in
an action or not in an action or relating thereto, it shall not
be necessary for such peson to apply to the court for any
order in that behalf; but he shall be at liberty to refer such
bill of his own authority to the Registrar or other taxing
officer of the 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 en-
actments referred to in section 51.

33.-(1) In every case in which a solicitor is employed
to prosecute or defend any action, matter, or proceeding
in court, it shall be lawful for the court to declare
such solicitor entitled to a charge upon the property
recovered or preserved, and, on such declaration being
made, such solicitor shall have a charge upon and against,
and a right to payment out of the property, of whatsoever
nature, tenure, or kind the same may be, which may have
been recovered or preserved through the instrumentality of
such solicitor, for the taxed costs of or in reference to such
action, matter, or proceeding.














(2) It shall be lawful for the court to make such order for
taxation of and for raising and payment of such costs out of
the said property as tot the court may appear just and proper.

(3) All conveyances and acts done to defeat, or which may
operate todefeat, such carge or right shall, unless made to
a bona fide purchaser for value without notice, be absolutely
void and of no effect as against such charge or right:

Provided always that no such order shall be made by the
court in any case in which the right to recover payment of
such costss is barred by any statute of limitations.

Remuneration of solicitors.

34. A solicitor may make an agreement in writing with
his client respecting the amount and manner of payment for
the whole or any part of any past or future costs in respect of
business done or to be done by such solicitor, whether as a
solicitor or as an advocate or conveyancer, either by a gross
sum, or by commission or percentage, or by salary or other-
wise, and either at the same or at a greater or at a less rate
as or than the rate at which he would otherwise be entitled
to be remunerated, subject to the provisions and conditions
contained in this Ordinance: Provided always that when any
such agreement is made in respect of business done or to be
done inany action, the amount payable under the agreement
shall not be revocerable by the solicitor until the agreement
has been examined and allowed by a taxing officer of the
court; and if it appears to such taxing officer that the agree-
ment is not fair and reasonable, he may require the opinion
of the court to be taken thereon by motion or petition; and
the court shall have power either to reduct\e the amount pay-
able under the agreement or to order the agreement to be
cancelled and the costs in respect of the business done to be
taxed in the same manner and according to the same rules
as if such agreement had not been made.

35. Such an agreement shall not affect the amount of, or
any rights or remedies for the recovery of, any costs recover-
able from the client by any other person or payable to the
client by any other person, and any such other person may re-
quire any costs payable or recoveable by him to or from the
client to be taxed according to the rules applicable to the
taxation of such costs, unless such person has otherwise
agreed: Provided always that the client who has entered




























into such agreement shall not be entitled to recover from
any other person, under any order for the payment of any
costs which are the subject of such agreement, more that
the amount payable by the client to his own solicitor under
the same.

36. Such all agreement shall be, deemed to exclude any
further claim of the solicitor beyond the terms of the agree-
ment in respect of any costs in relation to the conduct and
completion of the business in reference to which the agree-
ment is made, except such costs, if any, as are expressly
excepted by the agreement.

37. A provision in any such agreement that the solicitor
shall not be liable for negligence, or that he shall be relieved
from any responsibility, to which he would otherwise be
subject as such solicitor, shall be wholly void.

38.-(1) NO action, shall be brought upon any such agree-
ment; but every question respecting the validity or effect of
any such agreement may be examined and determined, and
the agreement may be enforeed or set, aside, by the court,
without action, on motion or petition of any person or the
representative of any person, being a party to such agreement,
or being or alleged to be liable to pay, or being or claiming
to be entitled to be paid the costs in respect of which the
agreemelit is made.

(2) Such motion or petition shall be made or presented to
the court in its original jurisdiction where the amount pay-
able under the agreement exceeds one thousand dollars, and
in its summary jurisdiction where it does not exceed one
thousand dollars.

39.-(1) On any such motion or petition, if it appears to
the court that the agreement is in all respects fair and rea-
sonable between the parties, the same may be enforced by
the court, by rule or order, in such manner and subject to
such conditions, if any, as to the costs of such motion or
petition, as the court may thilik fit; but if the terms of such
agreement are not deemed by the court to be fair and reason-
able, the same may be declared void, and the court shall
thereupon have power to order such agreement to be given
up to be cancelled, and may direct the costs incurred or
chargeable in respect of,the matters included therein to be
taxed in the same manner and according to the same rules
as if the agreement had not been made.


(2) the court may also make such orde as to the costs of
and relating to suchmotion or petition and the proceedings
thereonas to the court may seem fit.

40.-(1) When the amount agreed for under any such
agreement hasbeen paid by or on behalf of te client or by
any person chargeable with or entitled to pay the same, the
court may, on applicaation by the peson who has paid wuch
amount, within twelve months after the payment thereof, if
it appears to the court that the special circumstances of the
case require the agreement to be re-opened, re-ope the same,
and order the costs to be taxed and the whole or any
portion of the amount received by the solicitor to be repaid
by him, on such terms and conditions as to the court may
seem jsut.

(2) where any such agreement is made by the client in
the capacity of guardian, or of trustee under a deed or will,
or of committee of any person whoseestate or property will
be chargeable with the amount payable under the agreement
or with any part of such amount, the agreement shall before
payment be laid before a taxing officer who shall examine the
same, and may disallowany part thereof or may require the
direction of the court to be taken thereon by motion or
petition; and if, in any such case, theclient pays the whole
or any pat of the amount payable under the agreement,
without the previous allowance of such officer or the court as
aforesaid, he shall be liable at any time to account to the
person whose estate or property is charged with the amount
paid, or with any part theeof, for the amount so charged;
and if, in any such case, the solicitor accepts payment with-
out such allowance, the court may, if it thinks fit, order him
to refund the amount so received by him under the agree-
ment.

41. Nothing in this Ordinance shall be construed to give
validity to any purchase by a solicitor or by his clerk of the
interest, or any part of the interest, of his client in any action
or other contentious proceeding to be brought or maintained,
or to give validity to any agreement by whicha solicitor
retained or employed to prosecute any action or proceeding
stipulates for payment only in the eent of success in such
action or proceeding.























42. Nothing in this Ordinance shall give validity to any
disposition, contract, settlement, conveyance, delivery, deal-
ing, or transfer which may be void or invalid against a
trustee or creditor inbankruptcy, arrangement, or composi-
tion, under the provisions of the laws relating to bankruptcy.

43.-(1) Where a solicitor has made an agreement with
his client in pursuance of the provisions of this Ordinance,
any anything has been done by such solicitor under the
agreement, and before the agreement has been completely
performed by him such solicitor dies or becomes incapable
to act, an application may be made to the court by any party
to the agreement or by the representative of any such party,
and the court shall thereupon have the same power to enfore
or set aside the agreement so far as the same may have been
acted upon, as if such delath or incapacityhad not happened.

(2) The court, if it deemsthe agreement to be in all
respects fair and reasonable, amy order the amount due in
respect of the past performance of the agreement to be ascer-
tained by taxation; and the taxing officer, in ascertaining
such amount, shall have regard, so far as may be, to the terms
of the agreement; and payment of the amount found to be
due may be enforeced in the same manner as if the agreement
had been completely performed by the solicitor.

44.-(1) If, after any such agreement as aforesaid has
been made, the client changes his solicitor before the con-
clusion of the business to which the agteement relates (which
he shall be at libertyto do, notwithstanding the agreement),
the solicitor with whom the agreement was made shall be
deemed to have beocm incapable to act under the same
within the meaining of section 43.

(2) On any order being made for taxation of the amount
due to such solicitor in respect of the past performance
of the agreement, the court shall direct the taxing officer
to have regard to the circumstances under which such
change of solicitors has taken place; and, on such taxation,
the solicitor shall not be deemed entitled to the full amount
of the remuneration agreed to be paid to him, unless
it appears that there has been no defautl, negligence,
improper delay, or other conduct on his part afording
reasonable ground to the client for such change of solicitors.

* As amended by Law Rev. Ord., 1923.

























45. Except as in this Ordinance provided, the bill of a
solicitor for the amount due under an agreement made in
pursuance of the provisions of this ORdinance shall not be
subject to any taxation or to the provisions of the Solicitors
Act, 1843, mentioned in section 51, or of section 48 of this
Ordinance respecting the signing and delivery of the bill of
a soliicitor.

Miscellaneous.

46. A solicitor may take security from his cleint for his
furture costs, to be ascertained by taxation or otherwise.

47. 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 on from time to tome as often as any such abatment
may happen.

48. It shall be lawful for the court to authorise a solicitor
to commence an action for the recovery of his costs against
the party chageable therewith and also to refer his bill of
costs and the demand of such solicitor thereupon to be
taxed, although one month may not have expired from the
delivery of the bill of costs, on proof, to the satisfaction of
the court, that there is probable cause for believing that the
party chargeable therewith is about to quit the Colony or to
become a bankrupt or a liquidating or compounding debtor,
or to take any other steps or do nay other act which, in the
opinion of the court, would tend to defeat or delay such
solicitor in obtaining payment.

49. any solicitor to whom either alone or jointly with any
other person, a mortgage is made, or the firm of which such
solicitor is a member, shall be entitled to receive, for all
business transacted and acts done by such solicitor or firm
in negotiating the loan, deducing and investigating the title
to the property, and preparing and completing the mortgage,
all such usual professional charges and remuneration as he
or they would have been entitled to receive if such mortgage
had been made to a person not a solicitor, and such person
had retained and empoloyed such solicitor or firm to transact
such business, and do such acts; and such charges and
remuneration shall accordingly be recoverable from the
mortgagor.





















































50. Any, solicitor to or in whom either alone or jointly
with any other person, any mortgage is made or is vested by
transfer or transmisison, or the firm of which such solicitor
is a member, shall be entitled to receive and recover from
the person on whose behalf the same is done or to charge
against the security, for all business transacted and acts done
by such solicitor or firm subsequent and in relation to such
mortgage or to the security thereby created or the property
therein comprised, all such usual professional charges and
remuneration ss he or they would have been entitled to
receive if such mortgage had been made to, and had remained
vested in, a peson not a solicitor, and such person had retained
and employed such solicitor or firm to transact such business
and do such acts; and accordingly no such mortgage shall be
redeemed except on payment of such charges and remuneration.

51. So much of the Solicitors Act, 1843, of the Imperial
Parliament, sections 4, 5, 28, 29, 32, 37 (except from the
words Provided also that it shall be lawful for any Judge
to the end of the section), 38 to 41, and 43, as relates to the
competence of attorneys or solicitors to have clersk 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 rolls persons admitted and enrolled erroneously
but without fraud, the agency of attorneys or solicitors for
disqualified persons, the delivery, reference, and taxation
(wherther before payement or afger) of bills of fees, charges,
and disbursements for any business done by attorneys or
solicitors, applications of parties and orders of court for
delivery and reference in such cases and for delivery up of
deeds, documents, or perpers, certificates of taxation and
entering up of judgments, and the conditions on which
actions or suits amay be commenced or maintained by attorneys
or solicitors for the recovery of any fees, charges, or dis-
bursements shall (but subjcet to the provisions herein
contained) extend to this Colony.

52. The court shall have power, for reasonable cause, to
remove and strike off from the rolls of the court the name
of any barriste or solicitor.

53. The provisions of this Ordinance shall not apply to
the Attorney General or to the Assistant Attorney General
or to the Crown Solicitor or any Assistant Crown Solicitor.

* As amended by Law Am. Ord., 1923.


















54. The fees mentioned int the Schedule shall be payable
in respect of the matters therein mentioned.

55. Nothing in this Ordinance shall be deemed to affect
the reules of the legal profession and the existing laws
relating to barristers and solicitors further or otherwise than
is herein expressly encacted.

SCHEDULE. [s.54]

TABLE OF FEES

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

2. On the enrolment and registration of articels or of any
assignment of articles under sections 6 and 18 ...... $ 5.00

3. On the entry of such articles or assisnment in the book
to be open to public inspection under sections 6 and 18 .......... $ 5.00

4. On the registration of a notary public under section 25 ......... $ 5.00

5. On the admission of any peson to practise as a solicitor,
whether on his own account or as clerk to another solicitor or
firm of solicitors ................................. $150.00
[Originally No. 3 of 1871. No. 19 of 1913. No. 24 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 44 & 45 Vict.c. 44, s. 1. Ordinance No. 1 of 1865. 58 & 59 Vict.c. 25, s. 4. Regulations for preliminary examination. 23 & 24 Vict.c. 127, s. 8. Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof.. 6 & 7 Vict.c. 73, s. 8. Duties of Registrar as to enrolment of articles. 23 & 24 Vict.c. 127, s. 7. Performance, by leave, of formalities after specified period. 6 & 7 Vict.c. 73, s. 9. Articled clerk not to be engaged in other employment. 23 & 24 Vict.c. 127, s. 10. Discharge or assignment of articles in case of bankruptcy, etc. 6 & 7 Vict.c. 73, s. 5. [cf. No. 7 of 1891.] Making of regulations for final examiation. Examiners of articled clerks. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain of Ireland. Affidavit of due service under articles. 6 & 7 Vict.c. 73, s. 14; 23 & 24 Vict.c. 127, s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. 36 & 37 Vict.c. 63. Certificate of call or admission to be deposited with Registrar and affidavit of identityk to be filed, etc. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Hongkong Law Society to have right of audience. Oaths to be taken on enrolment of solicitor. Ordinance No. 1 of 1869. Registration of notaries public. General right to practise of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of service considered in taxation of costs. Right of clien to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. 23 & 24 Vict.c. 127, s. 28. Fixing of remuneration of solicitor by agreement. 33 & 34 Vict.c. 28, s. 4. Saving of interests of third parties. 33 & 34 Vict.c. 28, s. 5. Agreement to exclude further claims. 33 & 34 Vict.c. 28, s. 6. Reservation of responsibility for negligence. 33 & 34 Vict.c. 28, s. 7. Examination and enforcement of agreement. 33 & 34 Vict.c. 28, s. 8. Setting aside of improper agreement. 33 & 34 Vict.c. 28, s. 9. Re-opening of agreement after payment in special cases. 33 & 34 Vict.c. 28, s. 10. Prohibition of champertous stipulation. 33 & 34 Vict.c. 28, s. 11. Exclusion of agreement void in bankruptcy. 33 & 34 Vict.c. 28, s. 12. [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. 33 & 34 Vict.c. 28, s. 13. Change of solicitor after agreement. 33 & 34 Vict.c. 28, s. 14. Exemption of agreement from taxation. 33 & 34 Vict.c. 28, s. 15. 6 & 7 Vict.c. 73. Security for future costs. 33 & 34 Vict.c. 28, s. 16. Revival of order for payment of costs. 33 & 34 Vict.c. 28, s. 19. Suing for costs within one month when client about to leave to Colony, etc. 38 & 39 Vict.c. 79, s. 2. Charge where mortgage is made with solicitor. 58 & 59 Vict.c. 25, .s 2. Right of solicitor with whom mortgage is made to recover costs. 58 & 59 Vict.c. 25, s. 3. Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees Schedule. Saving as to rules of legal profession.

[Originally No. 3 of 1871. No. 19 of 1913. No. 24 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. 44 & 45 Vict.c. 44, s. 1. Ordinance No. 1 of 1865. 58 & 59 Vict.c. 25, s. 4. Regulations for preliminary examination. 23 & 24 Vict.c. 127, s. 8. Exemption from preliminary examination in certain case. Formalities on execution of articles or of any assignment thereof.. 6 & 7 Vict.c. 73, s. 8. Duties of Registrar as to enrolment of articles. 23 & 24 Vict.c. 127, s. 7. Performance, by leave, of formalities after specified period. 6 & 7 Vict.c. 73, s. 9. Articled clerk not to be engaged in other employment. 23 & 24 Vict.c. 127, s. 10. Discharge or assignment of articles in case of bankruptcy, etc. 6 & 7 Vict.c. 73, s. 5. [cf. No. 7 of 1891.] Making of regulations for final examiation. Examiners of articled clerks. Conduct of examinations in default of regulations. Certificate of result of examination. Admission of successful candidate, and right of appeal of unsuccessful candidate, at final examination. Time of admission after certificate, etc. Notice of intention to apply for examination and admission. Renewal of notice. Registration of articles of service to solicitor practising in Great Britain of Ireland. Affidavit of due service under articles. 6 & 7 Vict.c. 73, s. 14; 23 & 24 Vict.c. 127, s. 10. Prohibition of practice unless enrolled or registered. Enrolment of English or Irish barrister or solicitor, or Scotch advocate or writer. 36 & 37 Vict.c. 63. Certificate of call or admission to be deposited with Registrar and affidavit of identityk to be filed, etc. Enrolment of person who has served under articles in the Colony or in the Colony and in Great Britain or Ireland. Hongkong Law Society to have right of audience. Oaths to be taken on enrolment of solicitor. Ordinance No. 1 of 1869. Registration of notaries public. General right to practise of barrister and solicitor. Penalty for unlawfully practising. Modification of rules of legal profession. Modification of rules relating to barristers. Modification of rules relating to solicitors. Character of service considered in taxation of costs. Right of clien to obtain taxation of costs without order of reference. Charging of property recovered or preserved with payment of costs. 23 & 24 Vict.c. 127, s. 28. Fixing of remuneration of solicitor by agreement. 33 & 34 Vict.c. 28, s. 4. Saving of interests of third parties. 33 & 34 Vict.c. 28, s. 5. Agreement to exclude further claims. 33 & 34 Vict.c. 28, s. 6. Reservation of responsibility for negligence. 33 & 34 Vict.c. 28, s. 7. Examination and enforcement of agreement. 33 & 34 Vict.c. 28, s. 8. Setting aside of improper agreement. 33 & 34 Vict.c. 28, s. 9. Re-opening of agreement after payment in special cases. 33 & 34 Vict.c. 28, s. 10. Prohibition of champertous stipulation. 33 & 34 Vict.c. 28, s. 11. Exclusion of agreement void in bankruptcy. 33 & 34 Vict.c. 28, s. 12. [cf. No. 7 of 1891.] Provision in case of death or incapacity of solicitor making agreement. 33 & 34 Vict.c. 28, s. 13. Change of solicitor after agreement. 33 & 34 Vict.c. 28, s. 14. Exemption of agreement from taxation. 33 & 34 Vict.c. 28, s. 15. 6 & 7 Vict.c. 73. Security for future costs. 33 & 34 Vict.c. 28, s. 16. Revival of order for payment of costs. 33 & 34 Vict.c. 28, s. 19. Suing for costs within one month when client about to leave to Colony, etc. 38 & 39 Vict.c. 79, s. 2. Charge where mortgage is made with solicitor. 58 & 59 Vict.c. 25, .s 2. Right of solicitor with whom mortgage is made to recover costs. 58 & 59 Vict.c. 25, s. 3. Extension of certain enactments of 6 & 7 Vict.c. 73 to the Colony. Striking off rolls. Exception of Law Officers. Fees Schedule. Saving as to rules of legal profession.

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