PRACTITIONERS IN LAW ORDINANCE

PRACTITIONERS IN LAW ORDINANCE

ORDINANCE No: 1? of 1858.

Practitioners in Laze.

No. 12 of 1858.

An Ordinance for Practitioners in Law.

[12th July, 1858.]

BE it enacted and ordained by His Excellency the Governor of Hongkong,
with the
advice of the Legislative Council thereof, as follows:-

1. Legal practitioners of the Supreme Court, howsoever qualified, are
hereby au-
thorized to act as barristers and attornies, or as barrister, or as
attornies according to
their instructions, and as they may think fit: except in the cases
hereinafter specified.

2. When the same practitioner acts as barrister and attorney in the same
matter,
the remuneration receivable by him shall be regulated accordingly:
exempli qratid, he
shall not be allowed to make any charge or take any fee for or upon
pretence of attor-
nies' consultations, with instructions to or attendances on counsel, or
the drawing or
-copying of briefs to counsel, or preparing or copying of papers for the
perusal of counsel,
-or the like.

3. No barrister shall become or be in any wise interested in the profits
of the
business of any other practitioner in law, directly or indirectly, and
whether under
the name of law partner, or under any other name, or be or act as agent
for, or clerk
to, any such practitioner: And no attorney having a law partner shall be
allowed to
act as barrister in any matter where himself or his said partner is, or
shall be, retained
or acting as attorney.

4, The laws for the time being in force, with reference to attornies,
their fees or i :.tension to i,ari
ri~tere nPlwre
,costs, the taxation thereof, and the right of lieu and suit in respect
of the same, are reiatitti; to atter-
II1VN.
hereby extended to all practitioners when acting as attornies, and to all
fees and costs
claimed or received in respect of business done by any practitioner in
the law as au
attorney, and by virtue of this Ordinance, subject to section 2.

5. From the beginning to the end, or at any intermediate period or
periods, of any what persott,
may appear sue,

prosecution, action, suit, or appeal or proceeding, it shall be lawful
for any person be- and tte beard.
longing to any or either of the classes next hereinafter mentioned, to
appear, prosecute,
sue, defend, or proceed, in the said Court and the offices thereof,
subject only to the

,provisions of sections 3 and 6, and to the general jurisdiction of the
said Court in re-
spect of the orderly transaction of the business of the same, and of the
said offices, that
is to say:

[.SrP Ord. \o. $ 'of

1558.]

Barristers and
attornieH.

Mode of renttutet4.
atioa.

Law partner-
nitipx.

1st. Any of the parties on either side to the prosecution, action, suit,
appeal,
or proceeding, not being represented therein by some person willing and
able to act i1 his stead:

isl. The parties
tLemselreK,
it utnepre-
seute<l.

2nd. Any barrister of the said Court duly retained by or on behalf of and
2tta. nnos5rers`'

retained,.

representing any of the said parties, but without any right of exclusive
audience or preaudience, or (save as to rank in the profession) any pri-
vilege over any other party, or over his retained practitioner or
represeli-
tative in that.behalf:
3rd, Attornies
retained.

4th. Other per.
sons by leave
of the Court.

Special privileges
ofthe Attorney
General reserved.

Order of prece-
dence.

When to be de-
neriVed as barris-
ter, and when as
attorney.

Barristers and

attnrnics Incapa-
citate,dtolnstract
aM 4(tl'fl8tere in
cortalpmCases.

Damages for neg-
ligence.

Deceit or colln
Sion.

ORDINANCE No. 12 of 18,58.

Practitioners in Law.

3rd. Any attorney of the said Court duly retained by and representing any
of
the said parties in that behalf:

4th. Any' other person having the special leave of the Court to appear pro
re
nata in the stead of any of the said parties as his ox their
representative,,
in the premises.

6. Nothing herein contained shall affect the privileges of exclusive
audience and:
preaudience, which Her Majesty's Attorney General or other counsellor for
the Crown
bath or may have by virtue of his said office or of Her Majesty's warrant.

7. The order of precedence amongst practitioners in the law shall be in
this wise:,
The barristers shall rank according to their respective seniorities next
after the said
Attorney General or junior counsellor for the Crown (if any), and the
attornies accord-.
ing to their respective seniorities next after the junior barrister.

$. Without prejudice to the said order of precedence, every legal
practitioner shall,
at every step in any proceeding describe himself, and be described on the
record and
otherwise, as barrister or as attorney, according to the truth of the
case, and the asps-;
city in which be may be then acting.

9. No barrister acting in his capacity of attorney shall instruct or
authorize aroy
other legal practitioner to appear for him as barrister, and no attorney
acting as such
shall instruct or authorize any other attorney, to appear for him as
barrister; and in all
such cases the instructions and authority shall be absolutely null and
void.

tlnqualifledprac- 10. The penalties contained in Ordinance No. 13 of 1856,
section 13, are hereby
titionors,
extended to every person not being a practitioner in the law, who shall
set or practise
as such, or vho shall claim or receive any reward, compensation, or
gratification what-
soever, from any other person, for or on pretence of introducing him to
any such prac--
titiouer, or taking the advice or securin g the services o£ any such
practitioner, upon the,
said last mentioned person's behalf: and in all other respects the said
section is hereby
confirmed and made applicable to this Ordinance.

11. Any legal practitioner shall be liable to damages in respect of his
cras8a7cegli_-

gentiu, misconduct, or fraud, at the suit of his client or any other
person who may have-
sustained damage thereby.

12. Any legal practitioner who is guilty of deceit or collusion, or
consents thereto,.
with intent to deceive a Court, Judge, or party to any such proceeding as
aforesaid, is
punishable for a misdemeanour; and the party (if any) injured thereby
shall be entitled
either upon his conviction of such misdemeanour, or else by action ox
suit, to recover
from the offender treble damages for the same.

Deftnitions
« Itnrrister.'
'ACtorney.'

13. In the construction of this Ordinance, and of all Ordinances relating
to legal
practitioners, the word 'Barrister' shall also mean 'Serjeant-at-Law,'
'Advocate,'
~`Couusellor''
and the-
word''Attorney' shall also mean 'Solicitor,' 'Writer,' 'Proctor,' and
'Notary.'

[Repealed by Ordinance \'o: 18 of 18G2J
[See Ord. No. 3 of 1859.]
Barristers and attornies.
Mode of remuneration.
Law partnerships.
Extension to barristers of laws relating to attornies.
What persons may appear, sue, and be heard.
1st. The parties themselves, if unrepresented.
2nd. Barristers retained.
3rd. Attornies retained.
4th. Other persons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of precedence.
When to be described as barrister, and when as attorney.
Barristers and attornies incapacited to instruct as barristers in certain cases.
Unqualified practitioners.
Damages for negligence.
Deceit or collusion.
Definitions: 'Barrister.' 'Attorney.'

[See Ord. No. 3 of 1859.]
Barristers and attornies.
Mode of remuneration.
Law partnerships.
Extension to barristers of laws relating to attornies.
What persons may appear, sue, and be heard.
1st. The parties themselves, if unrepresented.
2nd. Barristers retained.
3rd. Attornies retained.
4th. Other persons by leave of the Court.
Special privileges of the Attorney General reserved.
Order of precedence.
When to be described as barrister, and when as attorney.
Barristers and attornies incapacited to instruct as barristers in certain cases.
Unqualified practitioners.
Damages for negligence.
Deceit or collusion.
Definitions: 'Barrister.' 'Attorney.'

https://oelawhk.lib.hku.hk/items/show/130

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No. 12 of 1858

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