CROWN SOLICITORS ORDINANCE, 1912

CROWN SOLICITORS ORDINANCE, 1912

No. 35 of 1912.

An Ordinance to make provision for the appointment of
and to define the powers of the Crown Solicitors and
Assistant Crown Solicitors of the Colony.

[1st November, 1912.]

1. This Ordinance may be cited as the Crown Solicitors
Ordinance, 1912.

2.-(1) The Governor shall have and shall be deemed at
all times to have had power to appoint any qualified person
to be Crown Solicitor or Assisant Crown Solicitor.

(2) For the purposes of this Ordinance-

(a) a person shall be deemed qualified for appointment as
Crown Solicitor if at the time he first commences to perform
his duties as such he shall possess any of the qualifications
which would entitle the court to approve, admit and enrol
him as a barrister or as a solicitor under section 21 of the
Legal Practitioners Ordinance, 1871;

* As amended by Law Rev Ord., 1924.



(b) a person shall be deemed qualified for appointment as
Assistant Crown Solicitor if he shall have successfully passed
all the examinations required of a student before admission
as a barrister or advocate in Great Britain or Ireland or as
an attorney, solicitor, writer or law agent in one of the courts
at London, Dublin or Edinburgh or as a proctor in any
ecclesiastical court in England.

3-(1) Any person duly appointed Crown Solicitor or
Assistant Crown Solicitor under the provisions of this Ordi-
nance shall be permitted to practise as a solicitor both in the
Supreme Court and elsewhere in the COlony when appearing
as Crown Solicitor or as Assistant Crown Solicitor-

(a) onbehalf of, or representing or acting for or on behalf
of-

(i) the Crown;

(ii) any Government department of the Colony;

(iii) with the consent of the Governor, the naval or
military authorities;

(iv) with the consent of the Governor, any officer in the
employment of the Government in any matter in which the
Crown or the Government or any Department thereof is
interested;

(b) in any proceedings relatingto extradition;

(c) in any matter in which the Crown or the Government
or any department thereof is interested.

(2) Any person duly appointed and acting as Crown
Solicitor under the provisions of this Ordinance shall also
be entitled to appear on behalf of the Attorney General and
prosecute persons at the criminal sessions.

(3) Subject to the provisions of sub-section (2), no person
duly appointed Crown Solicitor or Assistant Crown Solicitor
shall be entitled to practise as a barroster or to practise on
his own account as a barrister or as a solicitor as long as he
continues to hold, or act in, his appointment.

* As amended by Law Rev. Ord., 1924.
























4. The Government shall be entitled to charge reasonable
fees for work done by any Crown Solictor or Assistant
Crown Solicitor on behalf of the naval or military author-
ities or in extradition proceedings. Such fees shall be
subject to taxation and shall be paid into the general revenue
of the Colony.

5. If in any cause or proceeding before any court, tri-
bunal, arbitrator or otherwise any party fro whom any
Crown Solicitor or Assistant Crown Solicitor appears or acts
as solicitor obtains an order for costs against any other
party, such costs shall be taxed against and payable by the
party against whom the order is made, and when recovered
shall be paid into the general revenue of the Colony.

6. Nothing in this Ordinance shall be deemed to confer a
professional status as solicitor upon any person who has
not been duly enrolled as a solicitor unde section 21 of the
Legal Practitioners Ordinances, 1871, or to detract from the
professional status of any barrister or advocate who is or
has been appointed a Crown Solicitor or Assistant Crown
Solicitor under the provisions of this Ordinance.

[s. 7, rep. No. 43 of 1912.]
[Originally No. 35 of 1912. Law Rev. Ord., 1924.] Short title. Appointment and qualificatioins of Crown Solicitor. Ordinance No. 1 of 1871. Rights and limitations as to practice by Crown Solicitor and Assistant Crown Solicitor. Fees. Costs. Saving of professional status. Ordinance No. 1 of 1871.

[Originally No. 35 of 1912. Law Rev. Ord., 1924.] Short title. Appointment and qualificatioins of Crown Solicitor. Ordinance No. 1 of 1871. Rights and limitations as to practice by Crown Solicitor and Assistant Crown Solicitor. Fees. Costs. Saving of professional status. Ordinance No. 1 of 1871.

https://oelawhk.lib.hku.hk/items/show/1269

1923

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