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 power to appoint any
barrister, advocate, solicitor or proctor, or any member of the
Colonial Legal Service. as Crown Solicitor or as an Assistant
Crown Solicitor, and to appoint any person who has successfully
passed the examinations required before admission of a barrister,
advocate, solicitor or proctor, or any member of the Colonial
Legal Service, as an Assistant Crown Solicitor.

(2),The number of Assistant Crown Solicitors shall not be
limited.

3.(1) Any person duly appointed Crown Solicitor or
Assistant Crown. Solicitor under the provisions of this Ordinance
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) on behalf of, or representing oeacting for or on behalf
of-

(i) the Crown;
(ii) any Covernment department of the Colony;
(iii) with the consent, of the Governor, the Naval, Military
or Air 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

As amended by No, 31 of 1935 [23.8.35.] and Law Rev. Ord., 1939.
Asamended by No. 24 of 1932 [30.6.32.] No, 31 of 1935 [23.8.35] and
Law Rev. Ord., 1939,





(v) with the consent of the Governor, His Majesty's Trade
Commissioner in Hong Kong:
(b) in any proceedings relating to 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, and any person duly appointed and acting as Assistant
Crown Solicitor who is qualified for appointment as Crown
Solicitor, shall be entitled to appear to prosecute persons at the
Criminal Sessions and also to appear before the Full Court on
any appeal or question reserved arising out of any such prosecu-
tion, and also to appear before the Full Court on any , appeal
arising out of the determination by a magistrate of any proceed-
ing which he has power to determine in a summary way.

(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 barrister 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.

4. The Government shall be entitled to charge reasonable
fees for work done by any Crown Solicitor or Assistant Crown
Solicitor on behalf of the Naval, Military or Air Authorities or
of His Majesty's Trade Commissioner.in Hong Kong or in extra-
dition 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, tribunal,
arbitrator or otherwise any party for 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 under the Legal Practitioners
Ordinance, 1871, or any Ordinance amending or substituted for

As amended by No. 31 of 1935 [23.8.35]
As amended by Law Rev. Ord., 1939.
the same, 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.
[Originally No. 35 of 1912. No. 9 of 1924. No. 24 of 1932. No. 31 of 1935. Law Rev. Ord., 1939.] Short title. Appointment and qualifications of Crown Solicitors and Assistant Crown Solicitors. Rights and limitations as to practice by Crown Solicitor and Assistant Crown Solitor. Fees. Costs. Saving of professional status. Ordinance No. 1 of 1871.

[Originally No. 35 of 1912. No. 9 of 1924. No. 24 of 1932. No. 31 of 1935. Law Rev. Ord., 1939.] Short title. Appointment and qualifications of Crown Solicitors and Assistant Crown Solicitors. Rights and limitations as to practice by Crown Solicitor and Assistant Crown Solitor. Fees. Costs. Saving of professional status. Ordinance No. 1 of 1871.

https://oelawhk.lib.hku.hk/items/show/1523

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