LEGAL PRACTITIONERS ORDINANCE, 1871

LEGAL PRACTITIONERS ORDINANCE, 1871

No. 1 of 1871.
An Ordinance to consolidate and amend the laws relating to
the legal 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 writing whereby
any person is bound to serve as a clerk to a solicitor.

As amended by Law Rev. Ord., 1937.
As amended by No. 13 of 1931 [15.5.31].





(b) ' Client ' includes any person who, as a principal, or
on behalf of another person, or as trustee or executor, or in
any other capacity, has power, 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.
(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
fees, charges, or disbursements 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 separately in court. or in
chambers.

[(e), relp. No. 13 Of 1931.]

Mortgage ' includes any charge on any property for
securing money or money's worth.
(g) ' Party ' includes a body of persons corporate or
unincorporate.
(h) The Registrar ' means the Registrar of the court.
(i) ' Solicitor ' means a solicitor qualified to practise 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 become bound under
articles of clerkship to solicitors, in orderto ascertain the
fitness of such persons to become so bound, having regard to
their general Aearning 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 matriculation
examination of the University of Hong Kong, or who shall
have passed an examination which would in England exempt
him from passing the preliminary examination of the Law
Society.





(3) Articles of clerkship shall be null and void unless the
intended articled 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 (i) or shall
have obtained from the Chief justice an order exempting him
from such preliminary examination.

4. Any person, being a British subject, who has for the
term of five years been a bond fide clerk to a solicitor practising
in this Colony and during that term has been bond 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 Chief justice satisfactory 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 assignment 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 actual 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, with in the said period, file the said
affidavit in the court.

6.-(1) Within the said period 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
thereon 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 articles or assignment and the
term of service in a book to be kept for, that purpose, and shall
mark such articles 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 Chief justice, but the service of the clerk so bound
as.aforesaid shall be 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 Jtistice 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 executes 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
articles to be discharged or assigned to such person, on such terms, and in
such manner, as the court thinks fit.

1 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 articles 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, having 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 Attorney 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.

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, so
far as may be practicable, to the regulations by which the examinations of
persons intending to become bound under articles of 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
pr. 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 certi ficate shall be in writing signed by the examiners or
any two or more of them, of whom the Attorney General shafi 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 to 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 the maj,'ority of them present at any such final
examination find that the candidate is fit, lie shall be admitted to practise
accordingly; but if. they or the said majority find that he is not fit or come to
no finding, -that candidate may, on his petition to the court, be beard in
support of his qualification and claim to such admission ; and if the court
grants the prayer of his petition, he shall be admitted accordingly, notwith
standing 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

As amended by Law Rev. Ord., 1937.





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 Incorporated Law Society of Hong Kong of his intention
to apply for examination and admission, and shall cause a like
notice lo be inserted three times, in the Gazette and in a public
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 formalities prescribed by this section.

17. Fvery 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 within six months after. such notice given, renew the notice
for examination and admission, and so from (iine 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 unavoidable 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 vears as an articled clerk to a solicitor practising 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, produce to the
Registrar 1he articles under which he has become bound to such
solicitor practising 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 thereto as are
prescribed by section 5 in respect of the. articles therein men-
tioned; and the provisions of section 6 shall likewise apply to
articles whereby such candidate has been bound to serve any
solicitor practising n 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 formalities prescribed by this section, either absolutely or
for any specified period.

* As amended by Law Rev. Ord., 1937.





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

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

Admission of barristers, solicitors, and notaries public.

20. No person shall practise in this Colony as a barrister
or solicitor unless he has been approved, 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 have power to approve, admit, and
enrol such persons as have been admitted barristers or advocates
in Great Britain or Ireland to practise as barristers, and such
persons as have been admitted to practise as attorneys, solicitors
or proctors in Great Britain or Ireland, to practise as solicitors
in the court.

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

(a) if a barrister 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 or proctor, shall give four
months, previous notice in writing to the Registrar and to

As arnended by No. 13 of 1931 [15.5.311 and Law Rev. Ord., 1937.





the secretary of the Incdrporated Law Society of Hong Kong
of such his desire, and shall deposit with the Registrar
his certificate of admission, together with a certificate from the
proper officer of the court issuing such certificate of admission
that such last-mentioned certificate is still valid and in force,
and a further certificate of fitness and character signed by two
practising attorneys, solicitors or proctors of at least five years'
standing in one of the courts in Great Britain or Ireland~ 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
prescrined by this section, either absoluteiv or for any specified
period. But no such exemption shall be granted in the case of
an attorney, solicitor or proctor unless notice of intention to
apply, therefor has been previously given by the applicant to
the secretary of the Incorporated Law Society of Hong Kong.

23. The court shall Imve power to admit and enrol as a
solicitor any person, being a British subject, who has actually
exclusively and bond fide served for the period of five years as
a clerk under articles to any solicitor actually practising in the
Colony, or part of such period of five years under articles to
such solicitor and the other part. under articles to any attorney,
solicitor or proctor 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 Incorporated Law Society of Hong Kong shall,
subject to the approval of the court first obtained, have a right
of auctience by solicitor or counsel on the hearing of any
application for admission as attorney, solicitor or proctor
under section 21 or section 23, or for exemption in the case of
any attorney, solicitor 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 be admitted and enrolled
under section 21 or section 23 as a solicitor shall, before

As amended bY No. 13 of 1931 [15.5.311 and Law Rev. Ord., 1937.





admission and enrolment, subscribe the oath of allegiance in
the form prescribed by the Promissory Oaths Ordinance, 1869,
and also the oath following:-

1, 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 regis-
tration 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 justice, shall,
on payment of the prescribed fee, be entitled to be registered
therein.

Practice of barristers, solicitors, and notwries public.

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

27. Every person who-

(i) either directly or indirectly) practises or acts as a
barrister 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 exceed-
ing 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 he modified to the extent men-
tioned in section 30.

5. 29, rep. No. 7 Of 192,5.]

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

* As amended by No. -7 of 1925 [22.5.25.]





(2) No solicitor who is admitted and enrolled shall, while
it) the employment of another solicitor, practise on his own
ai-colint or in his own name. or transact any legal business other-
wise than as clerk to such other soiicitor.

Taxation and recovery of solicilors' costs.

31. On any taxation of costs the taxing officer may in
determining 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 person 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 thereupo n proceed to tax the same in like
manner as he would have done under in order of reference for
that purpose in conformity with the enactments referred to in
section 51.

33.- (1) In every case in which a solicitor is employed to
prosecute or defend any aciion, rnatter, 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 instrurnentalits
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 to the court may appear just and proper.

(3) All convevances and. acts done to defeat, or which may
operate to defeat, such charge or right shall, unless made to a
bond 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.
costs is barred by any statute of limitations.

Remune,ration 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 otherwise,
and either at the same or at a greater or at a les-g-- rate as or
than the rate at which lie would otfierwise be entitled to be
remunerated, subject to the provisions and conditions contained
in this Ordinance: Provided always that when any such agree-
ment is made in respect of business done or to be done in any
action, the amount payable under the agreement shall not be
recoverable 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 tile ngreenient is not fair
and reasonable, he may require the opinion of tile court to be
taken thereon by motion or petition ; and the court shall have
power either to reduce the amount payable 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 recoverable
from the client by any other person or payable to the client
by any other person, and any such other per-son may require.
any costs payable or recoverable by him to or irom 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 tile 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
,Uch agreement, more than the amount payable by the client
to his own solicitor -under the same.





36. Such an agreement shall be deemed to exclude any
further claim of the solicitor beyond the terms of the agreement
in respect of any costs in relation to the conduct and completion
of the business in reference to which the agreement 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 lie 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 enforced 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 clainning to be entitled
to be paid the costs in respect of which the agreement is made.

(2) Such motion ' or petition shall be made or presented to
the court in its ori-inal jurisdiction where the amount payable
1 C1
under the. agreement exceeds one thousand dollars, and in its
surnmary 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 reasonable
.between the parties, the same may be enforced bv 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 tbink fit; but if the terms of such agreement are not
deemed by the court to be fair and reasonable, the same may
be declared void, and the court shall thereupon have power to
order such agreement to be given up to he 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 order as to the costs of
and relating to such motion or petition and the proceedings
thereon as to the court may seem fit.





. 40.-(1) When the amount agreed for under any such
agreement has been paid by or on behalf of the client or by
any person chargeable with or entitled to pay the same, the
court may, on application by the person who has paid such
amount, ,,vithin 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-open 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 just.

(2) Where any such agreement is made by the client in
the capacity. of guardian, or of trustee tinder a deed or will!
or of committee of any person whose estate 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 disallow any. part thereof or may require the
direction of the court to be taken thereon by motion or petition;
and if, in any such case, the client pays the whole or any part
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
thereof, for the amount so charged; and if, in any such, case,
the solicitor accepts payment without such allowance, the court
may, if it thinks fit, order him to refund the amount so received
by him under the agreement.

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 which a solicitor retained
or employed to prosecute any action or proceeding stipulates
for payment only in the event of success in such action or
proceeding.

42. Nothing in this Ordinance shall gh-e validity to any
disposition, contract, settlement, conveyance, delivery,. dealing,
or transfer which may be void or invalid against a trustee or
creditor in bankruptcy, arrangement, or composition, 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, and
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 of acting, 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 enforce or set aside the agree-
ment so far as the same may have been acted upon, as if such
death or incapacity had not happened.

(2) The court, if it deems the agreement to be in all
respects fair and reasonable, may order the amount due in
respect of the past performance of the agreement to be ascertained
by taxation ; and the taxing officer, in ascertaining such amount,
shall have regard, so far as may be, to the terms of the agree-
ment; and payment of the amount found to be due may be
enforced 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 conclusion of
the business to which the agreement relates (which he shall be
at liberty to do, notwithstanding the agreement), the solicitor
with whonn the agreement was made shall be deemed to have
become incapable of acting under the same within the meaning
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
default, negligence, improper delay, or other conduct on his
part affording reasonable ground to the client for such change
of solicitors.

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
solicitor.

Miscellaneous.

46. A solicitor may take security from his client for his
future 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 there-
upon to prosecute and enforce such judgment or order, and
so from time to time as often as any such abatement may
happen.

48. It shall be lawful for the court to authorize a solicitor
to commence an action for the recovery of his costs against the
party chargeable 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 Pgrty 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 any other act which, in the opinion ofthe 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 employed such solicitor or firm to transact such business,
and do such acts; and such charges and remuneration shall
accordingly be recoverable from the mortgagor.





56. Any solicitor to or in whom, either alone or jointly
with any other person, any mortgage is made or is vested by
transfer or transmission, 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 secur . ity, 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 corn-
prised, all such usual professional charges and remuneration
as he or they would have been entitled to receive if such
mortgage had been made to, * and had remained vested, in, a
person not a solicitor and such person had retained and
em ployed 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, 51 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 W'41, and 43, as relates to the competence
of attorneys or solicitors to have clerks bound by contracts
under artie4es, the discharge of such contracts, service under
such contracts -kvhen 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 (whether before payment
ox after) of bills of fe * es, charges, and disbursements for any
business done by attorReys 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 commence& or maintained by
attorne~s or solicitors for the recovery of any fees, charges,-or
disbursements shall (but subject to the provisions herein
cQntained) extend to this Colony.

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

53-The provisions of this Ordinance shall not apply to

As amended by Law ' Rev. ' Ord., 1937.
6 & 7 Vict. C. 73, rep. 22 & 23 Geo. 5, c. 37.
the. Attorney General or to the Assistant Attorney General or
to any counsel attached to the Attorney General's department or
to the Crown Solicitor or any Assistant Crown Solicitor.

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

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

SCHEDULE. [s. 54.]

TABLE oF FEES.
1. On the filing of an affidavit ...$
2. On the enrolment and registration of articles or of
any assignment of articles under sections 6 and 18 $ 5.00
3. On the entry of such articles or assianment in the book
to be open to pubfic inspection under sections 6 and 18 ------A5.00
4. On the registration of a notary public under section 25...$ 5.00
5. On the admission of any person 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. 7 of 1925. No. 13 of 1931. Law Rev. Ord., 1938.] Short title. Interpretation. 44 & 45 Vict. C. 44, s. 1. [15.5.31.] 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. 10 of 1931.] Making of regulations for final examination. 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 or 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 barrister, solicitor, etc., admitted in Great Britain or Ireland. [cf. No. 10 of 1931, s. 75(2).] Certificate of call or admission to be deposited with Registrar and affidavit of identity 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. Incorporated Law Society of Hong Kong 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. [22.5.25.] Modification of rules relating to solicitors. Character of service considered in taxation of costs. Right of client 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. 10 of 1931.] 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 the Colony, etc. 38 & 39 Vict. C. 79, s. 2. Charges 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. 7 of 1925. No. 13 of 1931. Law Rev. Ord., 1938.] Short title. Interpretation. 44 & 45 Vict. C. 44, s. 1. [15.5.31.] 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. 10 of 1931.] Making of regulations for final examination. 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 or 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 barrister, solicitor, etc., admitted in Great Britain or Ireland. [cf. No. 10 of 1931, s. 75(2).] Certificate of call or admission to be deposited with Registrar and affidavit of identity 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. Incorporated Law Society of Hong Kong 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. [22.5.25.] Modification of rules relating to solicitors. Character of service considered in taxation of costs. Right of client 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. 10 of 1931.] 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 the Colony, etc. 38 & 39 Vict. C. 79, s. 2. Charges 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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