LEGAL OFFICERS ORDINANCE

LEGAL OFFICERS ORDINANCE

CHAPTER 87.

LEGAL OFFICERS.

To consolidate and amend the law relating to the right of officers
of the legal departments of Government to practise as barristers
aiid solicitors for certam Purposes and to recover fees and costs
in respect of work done and generally to regulate the status
rights privileges and duties of such officers.

[10th March, 1950.]

1. This Ordinance may be cited as the Legal Officers Ordinance.

2. In this Ordinance

'duly admitted' means duly approved, admitted and enrolled as a
barrister or solicitor under the Legal Practitioners Ordinance;

'legal officer' means an officer appointed to and serving in the Colony
as a legal officer, or an officer lawfully performing the functions of
any of the officers designated in the Schedule hereto;

'public body' includes any executive, legislative, municipal, or urban
council, any Governnient department or undertaking, any local or
public authority or undertaking, any board, commission,
committee or other body whether paid or unpaid appointed by the
Governor or Government of Hong Kong or which has power to act
in a public capacity under or for the purposes of any enactment ;

'public servant' means in addition to the meaning assigned
to it by the Interpretation Ordinance, any employee or member of a
public body as defined in this Ordinance, whether temporary or
permanent aiid whether paid or unpaid;

'rights' includes powers privileges and discretions;

'tribunal' includes any council, committee, arbitrator, body or person
before which a barrister or solicitor may lawfully appear.

3. (1) Any legal officer shall in respect of any of the matters
mentioned in subsection (1) Of section 4 have all the rights of barristers
and solicitors duly admitted under the provisions of the Legal
Practitioners Ordinance.





(2) For the avoidance of doubts and without prejudice to the
generality of subsection (1) a legal officer shall in respect of any of the
matters mentioned in subsection (1) of section 4 have a right of
audience before and, court or tribunal.

(3) Notification in the Gazette to the effect that a person has
been appointed to or holds any of the offices designated in the
Schedule or has relinquished or no longer holds any of the said
offices, shall be sufficient proof of the facts therein stated.

4. (1) The matters referred to in subsection (1) of section 3 are

(a) any matter which by virtue of any enactment in
force in the Colony or under any law applicable to
the Colony is entrusted to, or is within the discretion
or control of or requires to be discharged by, the
Attorney General;

(b) any matter in which the Crown is interested;

(c) any proceedings relating to extradition;

(d)any matter which relates to the official acts or omissions of

(i) the naval, military or air authorities ; or

(ii) the Trade Commissioner for the United Kingdom or
any territory forming part of the Commonwealth; or

(iii) any public body or public servant.

(2) If in any case doubt should arise whether any matter is a
matter mentioned in subsection (i) a certificate under the hand of the
Attorney General on the question shall be final and conclusive for all
purposes.

5. The Attorney General and the Solicitor General shall be entitled
in the courts of the Colony to the same rights as are enjoyed in England
by the Attorney General and Solicitor General of England respectively.

6. The Attorney General shall exercise and discharge so far as
regards any proceedings over which the courts of the Colony have
jurisdiction by or by virtue of the Divorce Ordinance, the rights and
duties which in England are customarily exercised and discharged by the
King's Proctor.







7. (1) The Attorney General may, subject to any special
instructions of the Governor, authorize any legal officer to exercise and
discharge any of the rights and duties which the Attorney General is
by law or by any enactment to which this section applies entitled to
exercise or required to discharge.

(2) The enactments to which this section applies are

(a)any enactment passed before the commencement of this
Ordinance; and

(b)any enactment passed after the commencement of this
Ordinance which does not expressly provide that this
section shall not apply, thereto.

8. (1) Wherever in ariv enactment to which this
section applies the expression 'Attorney General' occurs the
Solicitor General shall also be intended: Provided that
save where the Attorney General is absent or Linable to act
the Solicitor General shall exercise and discharge such only
of the rights and duties required to be exercised and dis-
charged by the Attorney General as the Attorney General
may, subject to the instructions of the Governor, assign to
him. Notliing herein contained shall be deemed to require
the production of any evidence that an assignment of rights
or duties has in fact been made.

(2) The enactments to which this section applies are

(a) any enactment passed before the of
this Ordinance; and

(b)any enactment passed after the commencement of this
Ordinance which does not expressly provide that this
section shall not apply thereto; and

(c)the enactments contained in this Ordinance other than the
provision to subsection (1) to this section.

(3) Where provision has been inade to the like or similar effect as
is contained in subsection (i) by any Onactment passed before the
commencement of this Ordinance or where any such enactment enables
the Solicitor General to exercise in whole or in part or in certain
circumstances any right or duty to be exercised or discharged by the
Attorney
General such provision shall be deemed to have been repealed
hereby and the provisions of this section substituted in lieu
thereof.

9. Any certificate purporting to be a certificate given
by the Attorney General under the provisions of section 4
hereof and any document purporting to bear the flat of or
express the consent of the Attorney General shall be received
as prima facie evidence in any proceeding without proof
being given that the signature to such certificate or document
is that of the Attorney General.

10. (1) It shall be lawful for the Chief Justice to make
rules providing either generally or specially for the fees and
costs of legal officers in contentious and non-contentious
matters: Provided that no such rules shall be binding until
the same have been approved by resolution of the Legislative
Council and have been published in the Gazette.

(2) Any cost and fees received by a legal officer hereunder
shall be paid into the general revenue of the Colony.

11. It shall be lawful for the Governor by order to
amend the Schedule in any manner consistent with the
Appropriation Ordinance from time to time in force.

12. Nothing in this Ordinance contained shall-

(a) be deemed to confer upon a person who has not
been duly admitted any right to practise as a
barrister or solicitor after he has ceased to be a legal
officer; or

(b) detract from the professional status of any legal
officer or affect the right of any duly admitted person
to practise as a barrister or solicitor as the case may
be after he has ceased to be a legal officer.


SCHEDULE. [ss. 2, 3 and 11.]

Attorney General
Solicitor General
Crown Solicitor
Registrar General
Legal Draftsman
Crown Counsel
Assistant Crown Solicitor
Deputy Registrar General. 3 of 1950. Short title. Interpretation. (Cap. 159.) Schedule. (Cap. 1.) Rights and privileges of a legal officer. Matters in which legal officers may act. Rights of Attorney General and Solicitor General. Attorney General to act as King's Proctor. (Cap. 179.) Attorney General may authorize a legal officer to discharge duties vested or imposed on Attorney General. Solicitor General may act for Attorney General. Evidence of signature of Attorney General. Fees and costs. Power of the Governor to amend Schedule. Right to practice as barrister or solicitor after ceasing to be a legal officer unaffected by provisions of Ordinance.

3 of 1950. Short title. Interpretation. (Cap. 159.) Schedule. (Cap. 1.) Rights and privileges of a legal officer. Matters in which legal officers may act. Rights of Attorney General and Solicitor General. Attorney General to act as King's Proctor. (Cap. 179.) Attorney General may authorize a legal officer to discharge duties vested or imposed on Attorney General. Solicitor General may act for Attorney General. Evidence of signature of Attorney General. Fees and costs. Power of the Governor to amend Schedule. Right to practice as barrister or solicitor after ceasing to be a legal officer unaffected by provisions of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1786

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