LEGAL PRACTITIONERS ORDINANCE

LEGAL PRACTITIONERS ORDINANCE

CHAPTER 159.

THE LEGAL PRACTITIONERS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section....................................
Page

1..........Short title ........................ ... ... ... ... ... ... 222

2. Interpretation................. ... ... ... ... ... 222

PART I

ADMISSION AND REGISTRATION OF LEGAL
PRACTITIONERS.
Service and examination of articled clerks.

3. Regulations for preliminary, examination - . ... ... ... 223

4. Formalities on execution of articles and of any assignment 224

5. Enrolment of articles, etc . ............ ... ... ... ... ... 224

6. Leave to extend period ..................... ... ... ... ... 224

7. Articled clerks limited to two ............. ... ... ... 225

8. Restriction on employment of articled clerks ... ... ... 225

9. Notice of articles to Society and evidence of character, etc. 225

10. Service to be continuous and exclusive ... ... ... ... 226
11. Articled clerks not to take other employment ... ... ... 226

12. Articled clerks not disqualified by disqualification of principal 226

13. Discharge or assignment of articles in case of bankruptcy 226

14. Power of Society to discharge articles in certain cases. ... 226

15. Fresh articles in certain cases ........... ... ... ... ... 227

16. Term of articles . ..................... ... ... ... ... ... 227

17. One year's absence in England to count in articles ... ... 227
18. Notice to sit for final examination. Regulations . ... ... 227

19. Fees for examination ...................... ... ... ... 228

20. Exemption of disbarred barrister from service under articles. 228

21. Notice of intention to apply for admission ... ... ... 228
22 Further formalities on applying for admission ... ... 228

23. Evidence of service .................... ... ... ... ... ... 229

ADMISSION AND ENROLMENT OF BARRISTERS AND SOLICITORS
AND REGISTRATION OF NOTARIES PUBLIC.

24. Prohibition against practice unless admitted, enrolled or

registered .... . .................... ... ... ... ... 229



25. Power of the court to admit and enrol solicitors qualified

under this Ordinance ................... ... ... ... ... 229

26. Power of the court to admit and enrol barristers and solicitors

from England or Northern Ireland........ ... ... ... ... 230

27. Formalities for admission under section 26 ... ... ... 230

28. Society's general right of audience ..... ... ... ... ... 231

29. Oath of allegiance on admission ......... ... ... ... ... ... 231

30. The rolls ............................... ... ... ... ... ... 231

31. Registration of notaries public.......... ... ... ... ... ... 232





REMOVAL FROM THE ROLL OR REGISTER AND SUSPENSION
FROM PRACTICE OF SOLICITORS,
BARRISTERS AND OF NOTARIES PUBLIC.
Section ..................Page

32. Limit of one year to strike off for irregularity in articles,

service, etc . ............................ ... ... ... ... 232

33. Power of court to strike off or suspend a solicitor ... 232
34. Power of court to strike off or suspend barrister ... 233

35. Power of court to strike off or suspend notary public ... 233

36. Power of Committee to inquire into conduct of solicitor 233

RESTORATION TO THE ROLL OR REGISTER.

37. Power of Chief Justice to replace name on roll ... 234

PART II

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNEXION
WITH PRACTICE.

38. Penalty for unlawfully practising as a barrister or notary

public ................................ ... ... ... ... ... 234

39. Unqualified person not to act as solicitor ... ... ... 235
40. Penalty for pretending to be a solicitor ... ... ... 235

41. Penalty on unqualified person preparing certain instruments. 235

42. Penalty for unqualified person preparing memorials, etc.,

under Cap. 128 or 97 .................. ... ... ... ... 236

43. Penalty for unqualified person preparing papers for

probate, etc . ........................ 236

44. No costs for unqualified person ........ ... ... ... ... ... 237

45. Solicitor not to act as agent for unqualified person ... ... 237
46. Application of penal provisions to body corporate ... ... 237

47. Employment by solicitor of persons struck off or suspended 238

48. Solicitors not to commence or defend actions while in prison. 238

49. Penalty on failure to disclose fact of having been struck

off, etc . ............................. ... ... ... ... 238

PART III.

REMUNERATION OF
SOLICITORS.
Non-contentious Business.

50. Character of service considered in taxation of costs ... ... 239

51. Agreement for remuneration for non-contentious business 239





52. Remuneration of a solicitor who is a mortgagee ... ... 240

Contentious Business.

53. Power to make agreements- contentious business ... ... 240
54. Miscellaneous provisions-contentious business ... ... 241

55. Death, incapability, or change of solicitor, etc . ... ... ... 243

56. Agreement excludes taxation ............ ... ... ... ... ... 244

57. Miscellaneous provisions as to remuneration for contentious

business................................ ... ... ... ... ... ... 244





Section General Provisions as to Remuneration. Page

58. Power to court to order delivery of bill and deeds ... 245

59. Action to recover costs ................... ... ... ... ... 245

60. Taxation of bills ...................... ... ... ... ... ... 246

61. Taxation on application of third parties and beneficiaries
under trustee, etc. 247

62. .....................General provisions as to taxations
............................................248

63..............Charg-ing orders .............. ... .. ... ... ... ... 248

64........................Revival of order for payment of costs ... 249

PART IV.

MISCELLANEOUS AND
GENERAL.

65. Regulations by Chief Justice .......... ... ... ... ... ... 249
66. Committee may act for Society ........... ... ... ... ... ... 249

67. Authentication of Society's rules and documents ... ... 249

68. Committee may inspect file in bankruptcy ... ... ... 249

69. Savings for members of Colonial Legal Service, etc . ... 249

70. Savings for persons authorized to conduct legal proceedings 250

71. Officer of Supreme Court ................ ... ... ... ... 250

72. Admissions, orders, etc. under repealed Ordinance ... ... 250

73. Provisions as to examination, admission, etc., to apply from

date of this Ordinance ................. ... ... ... ... 250

74. Fees ......... . ............... ... ... ... ... . 250

SCHEDULES

First Schedule-Term of Articles . ..... 251

Second Schedule-Recognized Universities ... ... 251
Third Schedule-Fees payable to Registrar ... ... 252

Fourth Schedule-Fees payable to Society ... ... ... 252





CHAPTER 159.

LEGAL PRACTITIONERS.

To repeal and replace the laws relaling to the legal profession.

[16th july, 1948]

1. This Ordinance may, be cited as the Legal Practitioners

Ordinance.

2. In this Ordinance

'articles' include any contract in writing whereby any persoll is bound
to serve apprenticeship as clerk to a solicitor and shall include any
such contract duly entered into prior to the date of this Ordiiiance;

'client'(except in relation to non-content tent contentious business)
includes any person who is principal or on behalf of another
person retains or employs, or is about to retain or employ, a
solicitor, and any person who is or may be liable to pay a
solicitor's costs;

'Committee' or 'The Committee of the Law Society' means the
committee of the Society elected in accordance with the
provisions of its articles of association ;

' contentious business' includes any business done by a solicitor in
any court, whether as a solicitor or is an advocate;

'costs' includes fees, charges, disbursements, expenses and
remuneration ;

'Law Society' or 'Society' means the Incorporated Law Society of
Hong Kong ;

'non-contentious business' includes any business connected with
sales, purchases, leases, mortgages, settlements and other
matters of conveyancing;

'qualified barrister' shall not include a person who has not been
approved, admitted and enrolled as such under section 26 or a
barrister whose name has been removed from or struck off the roll
and has not been restored or a barrister suspended at any material
time from practice;

'qualified notary' shall not include a person who has not been
registered as a notary public under section 31 or a notary public
whose name has been removed froni or struck off the register kept
under section 31 and lias not been restored or a notary public
suspended at any material time from practice;





'registrar' means the Registrar of the Supreme Court;
'solicitor' means a solicitor of the Supreme Court;

'unqualified person' means a person who has not been duly
approved, admitted and enrolled as a solicitor, under this or any
previous Ordinance or who, being such a solicitor, is at any
material time suspended from practice or whose name has been
struck off or removed from the roll and has not been restored.

PART I

ADMISSION AND REGISTRATION OF LEGAL PRACTITIONERS.

Service and examMation 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 order to ascertain the fitness of such persons to become so
bound, having regard to their general learning and education and to
their character aiid conduct.

(2) No such preliminary, examination shall be necessary in the
case of any person who has passed the matriculation or other
corresponding examination of any university specified in the Second
Schedule, or who has passed an examination which would in England
exempt him froni passing the preliminary examination of the Law
Society there or which would permit him to enter the University of Hong
Kong without further examinations.


(3) The Chief justice may in special circumstances exempt any
person from the preliminary examination or any part thereof either
unconditionally or subject to such conditions as he may think fit.

(4) Articles of clerkship shall be null and void unless the intended
articled clerk has passed one of the examinations referred to in
subsection (2) or has passed the preliminary examination referred to in
subsection (i) or has obtained from the Chief justice an order exempting
him from such preliminary examination.

(5) The examiners shall certify the result of every such preliminary
examination to the court within one week from the completion of the
same or within such further time as





the court may allow. Every such certificate shall be in writing signed by
the examiners or any two or more of them 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.

4. (1) Articles whereby any person becomes bound to serve as
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,
furnish evidence on affidavit of such solicitor having been duly
admitted, aiid 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 were or assignemnt was actually executed, and such person
shall also, within the said period, file the said affidavit in the court.

5. (1) Within the said period of one, month and on the filing of the
affidavit required by section 4 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 tile 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.

6. The formalities prescribed by sections 4 and 5 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 justice otherwise orders.





7. No solicitor shall have more than two articled clerks at the same
time

8. (1) No solicitor who has not at some time been in continuous
practice as a solicitor for a period of five years shall, without special
leave in writing of the Society, take any articled clerk.

(2) No solicitor shall take or retain any articled clerk after he has
ceased to practice as a solicitor in the Colony or while he is employed
as a clerk to another solicitor.

(3) A solicitor shall not be deemed to have ceased to practise as a
solicitor in the Colony for any period between the 25th day of
December, 1941, and the 30th day of August, 1945 : Provided that for
the purpose of this Ordinance, no service under articles of clerkship
shall between the said dates count towards any prescribed period of
service under articles.

(4) Service by an articled clerk to a solicitor who has taken him in
contravention of the provisions of this section shall not be deemed to
be good service by the clerk under his articles.

9 (1) Not less than six weeks before any person
becomes bound by articles of clerkship he shall give notice
to the Society of his intention so to do, and shall furnish the
Society with such evidence as to his character, and his fitness
and suitability for service under articles, as the Chief justice
may by rules require.

(2) The Society, if they are satisfied with the evidence so
furnished, shall issue to the person in question their written consent to
his entry into articles.

(3) The registrar shall refuse to register any articles produced to
him under section 4 unless the articles are accompanied by a consent
issued under this section and dated not earlier than one month before
the date of production of the articles.

(4) Service by a clerk under articles of which registration has been
refused under this section shall not be deemed to be good service by
the clerk under his articles.





10. Subject to the provisions of this Part, every articled clerk shall,
during the whole term of his articles, be actually employed in the
proper business, practice and employment of a solicitor by the solicitor
to whom he is articled.

11. 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 employrnent of clerk to such solicitor and his partners if any, in the
business, practice or employment of a solicitor.

12. No person shall be disqualified for admission as a solicitor, or
be liable to be struck off the roll, by reason only of any solicitor whom
he has served for any period having been after the termination of that
period, removed from or struck off the roll.

13. 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 aiid direct the articles to be discharged or assigned to
such person, on such terms aiid in such manner as the court thinks fit.

14. If-

(a)during the term of any articles the clerk has been
continuously absent froni the solicitor's place of business for
a period of three months or longer (except with the consent
of the Committee or when the clerk shall proceed to England
under the provisions of section 17) ; or

(b)the Society are for any other reason of opinion that the
articles ought to be discharged;

the Society may, on the application of the solicitor or the clerk
discharge the articles upon such terms, including terms as to return of
premium as they think fit, and determine what period, if any, of service
by the clerk under the articles shall be deemed to be good service.





15. (1) Where before the expiration of the term for which a clerk is
articled the solicitor to whom he is articled ceases to practise as a
solicitor in the Colony, or dies, or his articles are cancelled by mutual
consent or discharged by the court or the Society, the clerk may be
bound by fresh articles to another practising solicitor for the residue of
the said term and service under those articles in accordance with the
provisions of this Part shall be good service.

(2) The foregoing provisions of this Part with respect
to the registration of articles shall apply to fresh articles
entered into in accordance with the provisions of this section.

16. The term for which a person desirous of being admitted as a
solicitor, not being a person exempted from service under articles by
virtue of any provision of this Ordinance, is required to be bound by
and serve under articles shall be determined in accordance

with the provisions of
the First Schedule. Any part of such term may in lieu of being served
with a soficitor actually practising in the Colony be served with a
solicitor actually practising in Great Britain or Northern Ireland.

17. Any period not exceeding one year during which any such
person has been absent from the Colony in England and for the
purpose of travelling to and from England and of preparing for the final
examination shall upon his satisfying the Society as to such
preparations be counted in the said period.

18. (1) A person who lias been bound by articles as aforesaid for
the prescribed period, as modified by the pro-

visions Of section 17, may give notice to the registrar and the
Society of his intention to sit for the final examination pursuant to the
regulations made hereunder.

(2) The Chief justice on the application of the Society may from time
to time with time approval at the Legislative Council amend or vary such
-regulations.

(3) Any person who shall have duly passed the final examination
prescribed by this section shall be qualified to apply for admission as a
solicitor.





19. Any person applying to be examined or re-examined at an
examination shall pay to the Society in respect of those examinations,
such fees as may from time to time be prescribed by regulation.

20. (1) Any barrister of not less than five years' standing at the
English bar who procures himself to be disbarred with a view to
becoming a solicitor and obtains from two benchers of the Inn of Court
to which he belongs or belonged, a certificate of his being a fit and
proper person to practise as a solicitor shall be exempted from service
under articles and from such part of the final examination as relates to

and service thereunder.

(2) Any such person upon giving the prescribed notice and
complying with the regulations in so far as they shall apply and passing
the prescribed final examination shall be person qualified for
admission as a solicitor.

21. Every candidate who has qualified for admission as a solicitor
under section 18 shall give two weeks' notice in writing to the registrar
and to the Society of his intention to apply for admission : 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.

22. Every such candidate who has qualified for admission
and who has served part of the prescribed period as an
articled clerk to a solicitor practising in Great Britain or
Northern Ireland, and the other part to a solicitor practising the Colony
shall, in addition to the formalities prescribed
by sections 4 aiid 5 in respect of the articles therein mentioned
and before he can be admitted and enrolled, produce
to the registrar and the Society the articles under which he
has become bound to such solicitor practising in Great Britain
or Northern 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 4 in
respect of the articles therein mentioned ; and the provisions
of section 5 shall likewise apply to articles whereby such can-
didate has been bound to serve any solicitor practising in
Great Britain or Northern 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 special period.

23. (1) Every such candidate except as provided by SCCtiOn 20
shall, before lie can be admitted and enrolled, prove by all affidavit or
affidavits of himself and of the solicitor or solicitors practising in Great
Britain or Northern Ircland or in this Colony to whom he was bound, to
bc 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 required by section 16 as modified by Section 17,
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 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 AND ENROLMENT
or BARRISTERS AND SOLICITORS
AND REGISTRATION OF NOTARIES PUBLIC.

24. No person shall practise in this Colony as a barrister or as a
solicitor unless he has been approved, admitted aiid enrolled as Such by
the court, or as a notary public unless he has been registered as such
under the provisions of this Ordinance.

25. The court shall have power to approve, admit and enrol as a
solicitor any person, being a British subject, who

(a)has actually exclusively and bona fide served for the period
required by sections 16 and 17 as a clerk under articles to any
solicitor actually practising in the Colony or part of such
period tinder articles to such solicitor and the other part
under articles to any solicitor actually practising in Great
Britain or Northern Ircland, or being a barrisler has complied
with the provisions of Section 20, and has been sworn





in the nianner herein directed and has fulfilled all the
conditions of this Ordinance in relation to such admission ;

(b)has obtained from the Society or sonic person authorized in
writing by the Society a certificate that

(i) he has passed the preliminary examination prescribed in
this Part or its equivalent or has been exempted tinder
subsection of section 3 or is a person to whom section 20
applies,

(ii) he has passed the final examination prescribed by this
Ordinance, and

(iii) he is in other respects lit to be an officer of the court.

26. The court shall have power to approve, admit and enrol as
barristers such persons as have been called to the Bar England or
Northern Ireland or have been admitted is advocates in Scotland and to
approve admit and enrol as solicitors in the court such persons as
have been admitted is attorneys, solicitors or proctors in Great Britain
or Northern Ireland.

27. Every person who desires to be admitted under section 26 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 two months
previous notice in writing to the Society of such his desire,
aiid shall at the same time deposit with the registrar his
certificate of admission, together with a certificate froni the
proper authority, 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
Northern Ireland and shall file in the court an affidavit of
identity in such form is 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 prescribed by this section,
either absolutely or for any specified period. No such exemption shall
be granted in the case of an attorney, solicitor or proctor unless notice
of intention to apply therefor lias been previously, given by the
Applicant to the Society.

28. The Society shall have a general right of audience, by, solicitor
or counsel, on the hearing of any application for admission as a
solicitor, or touching any matter affecting the qualification, service or
examination of articled clerks, or the removal from or restoration to the
roll or suspension from practice of soheitors, or affecting the
privileges, restrictions and offences in connexion with the practice of a
solicitor. In any, such case, whether seeking audience or not, the
society shall be served with copies of all necessary documents filed
with the registrar.

29. Every person who applies to be admitted and enrolled under
section 2,5 or 26 as a solicitor shall, before admission and enrolment,
Subscribe the oath of allegiance in the form prescribed by the
Promissory Oaths Ordinance, and also the

oath following-

I, A.B., do swear (or soleninly, sincerelv and truly declare
and affirm) that I will truly and honestly demean inyself in the
practice of solicitor, according to the best of my knowledge and
ability. So help me God.

(The last four words shall be omitted in the case of a declaration or
affirmation.)

30. (1) The registrar shall keep, in accordance with the provisions
of this Ordinance and of any regulations made thereunder lists (in this
Ordinance referred to as 'the roll' of all barristers and solicitors
admitted under sections 25 and 26.

(2) The registrar shall have the custody, of the roll and of all
documents relating thereto, and shall allow any person to inspect the
roll during office hours without payment.

(3) The registrar, upon production of an admission signed by the
Chief justice, aiid in the case of a solicitor on payment to the Law
Society by such solicitor of a fee not





exceeding two hundred dollars, shall enter on the roll the name of the
person admitted.

31. The registrar shall keep a special book for the regis-
tration of notaries public, and every notary public who
produces his notarial faculty and flies In the court an affidavit
of identity in such form as may be aproved by the Chief
justice, shall, on payment of the prescribed fee, be entitled to
be registered therein.

REMOVAL FROM THE ROLL OR REGISTER

AND SUSPENSION FROM PRACTICE, OF,

SOLICITORS, BARRISTERS AND or NOTARIES PUBLIC.

32. Subject as hereinafter provided no solicitor shall be liable to
have his name struck off the roll on account of any, defect in his
articles of clerkship, or in the registration thereof or in his service
thereunder, or in his admission and enrolment, unless the application
to strike his narne off the roll is made within twelve niontlis after the
date of his enrolment : Provided that this section shall not apply in any
case where fraud is proved to have been committed in connexion with
the articles, registration, service, admission or enrolment.

33. (1) The court shall have power on reasonable cause being
shown to remove from or strike off the roll or to suspend from practice
any admitted and enrolled solicitor, whereupon the registrar shall enter
a note of the court order on the roll in connexion with the name of the
Solicitor, and where the order so directs shall remove or strike out the
nanie.

(2) The court may in its discretion before dealing with
any application or motion under this section, or at any stage
of the proceedings, refer the nialter in question to the Committee with
such direcitons to investigate and inquire into
the matter or to express any views or opinions in regard
thereto as the court may think fit, and adjourn the proceed-
ings until the Committee shall have duly reported to the court
upon such matters as shall have been referred to it.

(3) The court may in respect of any matter in which the Society or
the Committee have been concerned under section 36 or in any case
where the Society has exercised its right of audience under any of the
provisions of this Ordinance,





award to the Society such costs and expenses as the Society may have
incurred by the employment of counsel, solicitors or otherwise, as the
court shall consider reasonable under the circumstances and may orde
such costs to be paid by any solicitor or person who has been the
subject of any complaint inquiry or investigation or of any proceedings
before the court

34. The court shall have power on reasonable cause being shown
to remove from or strike off the roll or to suspend froni practice any
enrolled barrister who has been guilty of such misconduct as to make
him unfit to practise, whereupon the registrar shall enter a note of the
court order oil the roll in connexion with the name of the barrister, and

the order so directs, shall remove or strike off the

35. The court shall have power on reasonable cause being shown
to rernove from or strike off the register kept under section 31 or to
suspend froni practice any registered notary public, whereupon the
registrar shall enter a note of Ilic court order on the register in
connexion with the name of the notary public and, where the order so
directs, shall rcillove or strike off the name.

36. (1) The Committee shall have power to inquire into and
investigate the professional conduct of any solicitor

(a)on receiving a complaint or allegation against a solicitor from
any person;

(b) of its own motion;

(c)on having any matter referred to it by the court under the
proviosions Of subsection (2) of section 33.

(2) For the purpose of conducting any such inquiry or
investigation the Committee shall have all the powers which are set
out in section 3 of the Commissioners Powers Ordinance, as though the
same had been specifically conferred upon them in the manner required
by the provisions of that Ordinance.

(3) Where in the course of any inquiry or investigation under the
provisions of paragraphs (a) and (b) of subsection (1) the Committee are
of opinion that the facts and the available evidence in support of any
complaint or allegation should be or beconie a matter for inquiry and
determination





by the court under subsection (1) Of section 33 or under any section
of this Ordinance relating to an offence by any solicitor or an
unqualified person the Committee may

(a)institute and prosecute such proceedings before any, court
as may appeal. to be required in any matter or may appoint
any person for such purpose ; or

(b)advise or otherwise assist any person making any Complaint
or allegation against a solicitor in relation to any
proceedings before any court :

Provided that notliing herein shall affect or derogate from the
general rights of audience conferred on the Society by section 28.

(4) The Committee may delegate to a sub-Committee mittee
appointed for the purpose all the powers conferred on it by
this section.

(5) The Society may subject to the approval of the Chief justice,
make rules, relating to or arising out of the conduct of any inquiry or
investigation under this section.



(6) All proceedings by the Committee ancl any report made to the
court under or in pursuance to this section shall be deemed to be
privileged.

RESTORATION TO THE ROLL OR REGISTER

37. (1) The Chief justice may, if he thinks fit, at any time order the
registrar to replace on the roll the name of a barrister or of a solicitor
whose name has been removed from or struck off the roll.

(2) In the case of a solicitor whose nanie has been struck off the
roll for such an offence as is mentioned in section 4,5, an order under
this section shall for the purposes of subsection (3) of section 30 be
deemed to be an admission.

(3) The Chief Justice may, if he thinks fit, at any time
order the registrar to replace on the register kept under
section 31 the name of a notary public whose name has been
removed or struck of therefrom

PART II

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNEXION
WITH PRACTICE.

38. Any person who-

(a)not being a qualified barrister, either directly or indirectly,
practises or acts as a barrister;





(b)not being a qualified notary public either directly or
indirectly practises or acts as a notary public,

shall upon surnmary conviction be liable to a fine of two thousand
dollars.

39. (1) No unqualified person shall act as solicitor, or as such sue
out any writ or process, or commence, carry on or defend an action, suit
or other proceeding, in the name of any other person or in his own
name, in any court of civil or criminal jurisdiction or act as a solicitor in
any cause or niatter, civil or criminal, to be heard or determined before
any court, magistrate or justices.

(2) If ary person contravenes the provisions of this section he
shall be guilty of a misdemeanor and of contempt of the court in which
the action, suit, cause, matter of proceeding in relation to which he so
acts is brought or taken and may be punished accordingly and shall be
incapable of maintaining any action for any costs in respect of
anything done by him in the course of so acting, and shall, in addition
to any other penalty or forfeiture and any disability to which he may be
subject, be liable for each such offence to a penalty of one thousand
dollars to be recovered, with full costs of action, by action brought in
the court, by the Society with the sanction of the Attorney General.
Any penalty recovered under this section shall be deemed to be a
penalty due to the Crown and shall be paid into the general reventle of
the Colony.

40. Any unqualified person who wilfully pretends to be, or takes
or uses any name, title, addition or discription implying that he is
qualified or recognized by law as qualified to act as a solicitor, shall be
liable on summary conviction to a fine of five hundred dollars.

41. (1) Any unqualified person, not being a qualified barrister or a
qualified notary public who, unless he proves that the act was not done
for or in expectation of any fee, gain or reward either directly or
indirectly, draws or prepares any instrument relating to movable or
immovable estate, or any legal proceedings, shall be liable on summary
conviction to a fine of two thousand dollars.

(2) Notwithstanding anything in the Magistrates Ordinance,
proceedings in respect of any offence under this section





may be brought at any time within two years next after the commission
of the odence or within six months next after the first discovery thereof
by the prosecutor, whichever period is the shorter.

(3) This section shall not extend to-

(a)any public officer drawing or preparing instruments in the
course of his duty ; or

(b)any public employed merely to engross or Copy any
instrument or proceeding.

(4) For the purposes of this section 'instrument' does not include

(a) a will or other testamentary instrument; or

(b) an agreement under hand only; or

(c) a letter of power of attorney ; or

(d)a transfer of stock containing no trust or limitation thereof.

42. Any unqualified person, riot being a qualified barrister or a
qualified notary public, who, unless he proves that the act was not
done for or in expectation of any fee, gain or reward, either directly or
indirectly, draws or prepares any memorial or other docurrient for the
purposes of the Land Registration Ordinance, or the New Territories
Ordinance, or makes any application or, lodges any docurrient for
registration under either of those Ordinances at the Land Office or at
any District Land Office, shall on summary conviction be liable to a fine
of two thousand dollars : Provided that this Section Shall not extend to-

(a)any public officer drawing or preparing instruments and
applications in the course of his duty ; or



(b) any person employed to engross of- copy any
instrument or application.

43. Any unqualified person, not being a qualified barrister or a
qualified notary public, who, unless he proves that the act was not
done for or in expectation of any fee, gain or reward, either directly or
as an agent of any other person, whether a person qualified as above
mentioned or not, takes instructions for or draws or prepares any
papers on which to found or oppose a grant of probate or of letters of
administration shall, without prejudice to any liability or disability to
which he may be subject under any other section of this





Ordinance or under any otlier Ordinance, be liable on summary
conviction to a fine of two thousand dollars : Provided that this section
shall not extend to any public officer drawing or preparing any such
papers in the course of his duty.

44. No costs in respect of anything done by any unqualified
person who acts as a solicitor sliall be recoverable in any action, Suit:
or matter by any person whomsoever.

45. (1) No solicitor shall wilfully and knowingly act as agent in any
action or in any matter in bankruptcy for any unqualified person, or
permit his name to be made use of in any such action or matter upon
the account, or for the profit, of any unqualified Person or send any
process to any unqualified person, or do any other act enabling any
unqualified Person to appear, act or practise in any respect as a
solicitor in any such action or matter.

(2) Where it appears to the court, that a solicitor has acted in
contravention of this section, his name shall struck off
the roll.

(3) Where the court orders the name of a solicitor to bc struck off
the roll in respect of an offence under this section, it may further order
that the unqualified person who was enabled by the conduct of the
offender to act or practise as a solicitor shall be imprisoned for one
year.

46. (1) If any act is done by a body corporate or by
any director, officer Or Servantof s such a nature or in
such a manner as to be calculated to imply that the body
corporate is qualified, or recognized by law as qualified, to
act as a solicitor the body corporate shall be liable on sum-
mary conviction to a fine of five thousand dollars and in
the case of an act done by a director, officer or servant of the
corporation, he also shall be liable on summary conviction to
a fine of two thousand dollars.

(2) For the removal of doubt it is hereby declared that in sections -
38, 39, 40, 41 42, 43 and 44 and in subsection (1) of section 45 references
to unqualified persons and references to persons include references to
bodies corporate.





47. (1) No solicitor shall, in connexion with his practice as a
solicitor, without the written permission of the Society which may be
given for such period and subject to such conditions as the Society
think fit, employ or remunerate any person who to his knowledge is
disqualified from practising as a solicitor by reason of the fact that his
name has been struck off the roll, otherwise than at his own request, or
is suspended froni practising as a solicitor.

(2) A solicitor aggrieved by the refusal of tile Society to grant any
such permission as aforesaid, or by any conditions attached by the
Society to the grant thereof, may appeal to the Chief justice, who may
confirm the refusal or the conditions, as the case may be, Or may, in
lieu of tile Society, grant such conditions as lie thinks fit.

(3) If any solicitor acts in contravention of the provisions of this
section or of the conditions subject to which any permission has been
given thereunder, his name shall be struck off the roll or he shall be
suspended from practice for such period as the court thinks fit.

48. (1) No solicitor whilst a prisoner in any prison shall is a
solicitor, in his own name or in the name of any other solicitor, sue out
any writ or process, or commence, prosecute or defend any action or
any matter in bankruptcy.

(2) Any solicitor commencing, prosecuting or defending
any such action or matter in contravention of this section
shall be incapable of maintaining any action for the recovery,
of any costs in respect of any business done by him whilst so
confined as aforesaid, and he and any solicitor permitting
him to commence, prosecute or defend any such action or
matter in his name shall be guilty of Contempt of the court
in which such action or matter was comnienced or prosecuted
and may be punished accordingly.

49. (1) Any person who, whilst he is disqualified from practising as
a solicitor by reason of the fact that he has been struck off the roll
otherwise than at his own request or is suspended from practising as a
solicitor, seeks or accepts employment by a solicitor in connexion with
that solicitor's practice without previously informing him that he is so
disqualified as aforesaid, shall on summary conviction be liable to a
fine of two thousand dollars.





(2) Notwithstanding anything in the Magistrates Ordinance,
proceedings under this section rnay be commenced at any time before
the expiration of six months after the first discovery of the offence by
the prosecutor, but no such proceedings shall be commenced except
by, or with the consent of, the Attorney General.

PART III

REMUNERATION or SOLICITORS.

Non-contentious

50. 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.

51. (1) A solicitor and his client may, either before or , after or in the
course of the transaction of any non-contentious business by the
solicitor, make an agreement as to the remuneration of the solicitor in
respect thereof.

(2) The agreement may provide for the remuneration of the solicitor
by a gross sum, or by commission or percentage or by salary, or
otherwise, and it may be made on the terms that the amount of the
remuneration therein stipulated for either shall or shall not include all or
any disbursements made by the solicitor in respect of searches, plans,
travelling, stamps fees or other niatters.

(3) The agreement shall be in writing and signed by the person to
be bound thereby or his agent in that behalf.

(4) The agreement may be sued and recovered on or set aside in
the like nianner and on the like grounds as an

agreement not relating to the remuneration of a solicitor

Provided that if on any taxation of costs the agreement is relied on
by the solicitor and objected to by the client as unfair or unreasonable,
the taxing officer may inquire into the facts and certify them to the
court and if on that certificate it appears just to the court that the
agreement should be cancelled, or the amount payable thereunder
reduced, the court may Order the agreement to be cancelled, or the
amount





payable thereunder to be reduced, and may give such consequential
directions as it thinks fit.

52. (1) If a mortgage is made to a solicitor, either alone or jointly
with any other person he, or the firm of which he is a member, shall be
entitled to recover from the mortgagor in respect of all business
transacted and acts done by him or them in negotiating the loan,
deducing and investigating the title to the property, and preparing and
completing the mortgage, such usual costs as he or they would have
been entitled to receive if the mortgage had been made to a person who
was not a solicitor and that person had retained and employed him or
theni to transact the said business and do the said acts.

(2) If, whether before or after the commencement of this Ordinance,
a mortgage has been made to, or has become vested by transfer or
transmission in, a solicitor, either alone or jointly with any other
person, and if after the commence of this Ordinance any business is
transacted , acts done by that solicitor, or by the firm of which he is a
member in relation to that mortgage, or the security thereby created or
the property comprised thereunder then he or they shall be entitled to
recover from the person on whose behalf the business was transacted
or the acts were done, and to charge against the security, such usual
costs as he or they would have been entitled to receive if the mortgage
had been made to and had remained vested in a person who was not a
solicitor and that person had retained and employed him or them to
transact the said business and do the said acts.

(3) In this section 'mortgage' includes any charge on any
property for securing money or money's worth.

Contentious Business.

53. A solicitor may make an agreement in writing with
his client as to his remuneration in respect of any contentious
business done, or to be done, by him providing that he
shall be remunerated either by a gross sum or by salary
or otherwise, and at either a greater or a less rate than
that at which he would otherwise have been entitled to be
remunerated.





54. (1) Such an agreement-

(a)shall not affect the amount of, or any rights or remedies
for the recovery of, any costs payable by the client to,
or to the client by, any person other than the solicitor,
and that person may, unless he has otherwise agreed,
require any such costs to be taxed according to the
rules for the time being in Force, for the taxation
thereof : Provided that the client shall not be entitled to
recover from any other person under any order for the
payment of any costs to which the agreement relates
more than the amount payable by him to his solicitor in
respect thereof under de agreement;

(b) shall be deemed to exclude anyclaim by the
solicitor in respect of the business to which it
relates other than-

(i) a claim for such costs as are expressly excepted
therefrom; or

(ii) a claim for the agreed costs.

(2) A provision in such an agreement that tile solicitor shall
not be liable for negligence, or that he shall bc relieved from any
responsibility to which he would otherwise be subject as a
solicitor, shall be void.

(3) No action shall be brought upon any such agreement, but
the court may, on the application of any person who is a party to,
or the representative of a party to, the agreenient, or who is, or
who is alleged to be, liable to pay, or who is or claims to be
entitled to be paid, the costs due or alleged to be due in respect
of the business to which the agreement relates, enforce or set
aside the

and deterniine every question as to the validity or
effect thereof.

(4) On any such application the court-

(a)if it is of opinion that the agreement is In all respects
fair and reasonable, may enforce it;

(b)if it is of opillion that the agreenlent is in any respect
unfair or unreasonable may declare it void and may
order it to be given up to be cancelled and

may order the costs covered thereby to be taxed
as if the agreement had never been made;

(c) in any Case, may make such orders is to the costs of the
application as it think fit.





If the business covered by any such agreement is
business done, or to be done, in any action, the amount
payable under the agreement shall not be received by the
solicitor until the agreement has been examined aiid allowed
by a taxing officer of the court, and if the taxing officer
is of opinion that the agreement is unfair or unreasonable,
fie may require the opinion of the court to be taken thereon
and the court may reduce the amount payable thereunder,
or order the agreement to be cancelled and the costs covered
thereby, to be taxed as if the agreement had never been
made.

(6) When the amount agreed for under any such agreement has
been paid by or on behalf of the client or by, any person entitled so to
do, the person making the payment may at any time within twelve
months after payment apply to the court and the court if it appears to
it that the special Circumstances of the case require the agreement to be
reopened, may on such terms as may be just, reopen the agreement and
may order the costs covered thereby to be taxed and the whole or any
part of the amount received by, the solicitor to be repaid by him.

(7) Where any such agreement is made by the client
as the guardian or committee of, or as a trustee under a
deed or will for, any person whose property will be chargeable
able with the whole or any part of the amount payable
under the agreement, the agreement shall, before payment,
be laid before the taxing officer of the court, and that officer
shall examine the agreement and may disallow any, part
thereof, or may, require the opinion of the court to be taken
thereon.

(8) Any such client as is mentioned in subsection (7) who pays
the whole or any part of the amount payable under the agreenient
without the agreernent having been allowed by the taxing officer or by
the court, shall be

at any time to account to the person whose property is
charged with the whole or any part of the amount so paid
for the sum so charged aiid the solicitor who accepts the
payment may be ordered by the court to refund the amount
received by him.

(9) In this section and in section 55 'court' means(a) in relation to
an agreement under which any





business has been done in any court having jurisdiction
to enforce and set aside agreements, any such court in
which any of that business has been done;

(b)in relation to any agreement under which no business
has been done in any such court, and under which more
than one thousand dollars is payable, the Court in its
original jurisdiction;

(c)in relation to an agreement under which no business has
been done in, any such court, and under which not more
than one thousand dollars is payable the court in its
summary jurisdiction.

55. (1) If, after some business has been done under

an agreement made in pursuance of the
provisions of section

but before the solicitor has wholly performed it, the
solicitor has or becomes incapable of acting, any party to,
or the representative of any party to, the agreement, may
apply to the court and the court shall have the same jurisdiction
diction as to enforcing the agreement so far as it has been
performed, or setting it aside, as it would have had if
the solicitor had not died or become incapable of acting :
Provided that the court may, notwithstanding that it is of
opinion that the agreement is in all respects fair and reason-
able, order the amount due in respects fair and reason
thereunder to be ascertained by taxation, and in that Case-

(a)the taxing Officer, in ascertaining that amount, shall
have regard so far as may be to the terms of the
agreement; and

(b)payment of the amount found by him to be due may be
enforced in the same manner as if the agreement had
been completely performed.

(2) The provisions of subsection (1) shall apply in the event of
the client clianging his solicitor (as, notwithstanding the
agreement, he shall be entitled to do) before the conclusion of
the business to which the agreement relates in the same manner
as they apply when the solicitor dies or is incapacitated, with this
modification that if aii order is made for the taxation of the
arnount due to the solicitor in respect of the business done under
the agreement the.
*NOTE: With effect froni 3.10.50 this sum has been raised to $5,000 upon the
limit of the summary jurisdiction being so amended (Ord. 35 of 1950).





court shall direct the taxing officer to have regard to the circumstances
under which the change of solicitor has taken place, and the taxing
officer, unless he is of opinion that there. has been no default,
negligence, improper delay or other conduct on the part of the solicitor
affording to the client reasonable ground for changing his solicitor,
shall not allow to the solicitor the full amount of the remuneration
agreed to be paid to him.

56. Subject to the provisions of sections 54 and 55, the costs of a
solicitor in any case where any agreement has been made in pursuance
of the provisions of section 53 shall not be subject to taxation, nor to
the subsequent provisions of this Part with respect to the signing and
delivery of a solicitor's bill.

57. (1) Nothing in section 53, 54, 55 or 56 shall give validity to--

(a)any purchase by a solicitor of the interest, or any part of the
interest, of his client in any action, suit or other contentious
proceeding; or

(b)any agreement by which a solicitor retained or employed to
prosecute any action, suit or other contentious proceeding
stipulates for payment only in the event of success in that
action, suit or proceeding; or

(c)any disposition, contract, settlement, conveyance, delivery,
dealing or transfer which is under the law relating to
bankruptcy invalid against a

or creditor in any bankruptcy or composition.

(2) A solicitor may, with respect to any business to be done by
him, take security from his client for his costs to be ascertained by
taxation or otherwise.

(3) Subject to the provisions of any rules of court upon every
taxation of costs with respect to any contentious business, the taxing
officer may

(a) allow interest it such rate and from such time as
he thinks just on moneys disbursed by the solicitor
for the client, and on moneys of the client in the
hands of, and improperly retained by the solicitor;

(b)in determining the remuneration of the solicitor have regard
to the skill, labour aiid responsibility involved in the
business done by him





General Provisions as to Remuneration

58. (1) The jurisdiction of the court to make orders
for the deliver by a solicitor of a bill of costs and for
the delivery up of, or otherwise in relation to, any deeds,
documents or papers in his possession, Custody or power,
is hereby declared to extend to cases in which no business
has been clone by him in the court.

(2) In this section and in sections 59, 60 and 61,

'solicitor' includes the executors, administrators and
assignees of the solicitor in question.

59 (1) Subject to the provisions of this Ordinance, no
action shall he brought to recover any costs due to a solicitor
until one month after a bill thereof has been delivered in
accordance with the requirements of this section : Provided
that, if there is probable cause for believing that the party
with the costs is about to quit the Colony, or
become aor to compound with his creditors or
to do any other act which would tend to prevent or delay
the solicitor obtaining payment the court may, notwithstanding
standing that one month has not expired from the delivery
of the bill, orde that the solicitor be at liberty to com-
commence an action to recover his costs and may order those
costs to be

(2) The said requirements are as follows-

(a)the bill must be signed by the solicitor or, if the costs are
due to a firm, one of the partners of that firm, either in
his own name or in the name of the firm, or be
enclosed it, or accompanied by, a letter which Is so
signed and refers to a bill ; and

(b)the bill must be delivered to the party to be charged
therewith, either personally or by being sent to him by
post to, or left for him at, his place of business, dwelling
house or last known place of abode,

and where a bill is proved to have been delivered in compliance
with those requirements, it shall not be necessary in the first
instance for the solicitor to prove the contents of the bill and it
shall be presumed, until the contrary is shown, to be a bill bona
fide complying with this Ordinance.





60. (1) On the application, made within one month of the delivery of
a solicitor's bill, of the party chargeable therewith the court shall,
without requiring any sum to be paid into court, order that the bill
shall be taxed and that no action shall be commenced thereon until the
taxation is completed.

(2) If no such application is made within the period mentioned in
subsection (i), then, on the application either of the solicitor or of the
party chargeable with the bill, the court mav, upon such terms, if any,
as it thinks fit (not being terms as to the costs of the taxation) order

(a) that the bill shall be taxed;

(b)that, until the taxation is completed, no action shall be
commenced on the bill, and any, action already commenced
be stayed

Provided that

(i) if twelve months have expired from the delivery of the bill, or if
the bill has been paid, or if a verdict has been obtained or a writ of
inquiry executed in an action for the recovery of the costs covered
thereby, no order shall be made on the application of the party
chargeable with the bill except in special circumstances and, if an order
is made, it may contain such terms as regards the costs of the taxation
as the court may think fit;

(ii) in no event shall any such order be made after the expiration
of twelve months from the payrnent of the bill.

(3) Every order for the taxation of a bill shall require the taxing
officer to tax not only the bill but also the costs of taxation and to
certify what is due to or by the solicitor in respect of the bill and in
respect of the costs of the taxation.

(4) If after due notice of any taxation either part thereto fails to
attend, the officer may proceed with the taxation ex parte

(5) Unless-

(a)the order for taxation was made on the application of the
solicitor and the party chargeable does not attend the
taxation ; or

(b) the order for taxation otherwise provides,





the costs of the taxation shall be paid according to the event of the
taxation, that is to say, if one-sixth of the amount of the bill is taxed off,
the solicitor shall pay the costs, but otherwise the party chargeable
shall pay the costs : Provided that the taxing officer may certify any
special circumstances relating to the bill or the taxation thereof to the
court, and the court may niake thereon any such order as it thinks fit
respecting the payment of the costs of the taxation.

61. (1) Where a person, other than the person who is the party
chargeable with the bill for the purposes of section 60, has paid, or is or
was liable to pay, the bill either to the solicitor or to the party
chargeable with the bill, that person or his administrators, executors or
assignees may apply to the court for an order for the taxation of the bill
as if he were the party chargeable therewith, and the court may make
thereon the same order, if any, as it might have made if the application
had been made by that party: Provided that in cases where the court
has no power to make an order except in special circumstances the
court may, in considering whether there are special circumstances
sufficient to Justify it in making an order, take into account
Circumstances affecting the applicant, but which do not affect the
party chargeable with the bill.

(2) If a trustee, executor or administrator has become
liable to pay the bill of a solicitor, the court may, upon the
application of any person interested in any property out of
which the trustee executor or administrator has paid, or is
entitled to pay, the bill, and upon such terms, if any, as it
thinks fit, order the bill to be taxed and may order such
payments in respect of the amount found due to or by the
solicitor and in respect of the costs of the taxation to be
rnade to or by the applicant, or to or by the solicitor, or to
the executor, administrator or trustee as it thinks fit : Pro-
vided that in considering any such application the court shall
have regard to-

(a)the provisions of section 60 as to applications by the party
chargeable with taxation of a solicitor's bill so far as they are
capable of being applied to a an application made under this
subsection;

(b) the extent and nature of the interest of the applicant.





If an applicant under subsection (2) pays any moneys to the
solicitor he shall have the same right to be paid that money by the
trustee, executor or administrator chargeable with the bill as the
solicitor had.

(4) The following provisions shall apply, to applications made
under this section

(a)except in special circumstances no order shall be made for
the taxation of a bill which lias already been taxed;

(b)the court may, if it orders taxation of the bill, order the
solicitor to deliver to the applicant a copy of the bill upon
payment of the costs of that copy.

62. (1) Every application for an order for the taxation of a solicitor's
bill or for the delivery of such a bill and the delivering up of any
deeds, documents and papers by a solicitor shall be made the matter of
that solicitor.

(2) The certificate of the taxing by whom any bill has been taxed
shall, unless it is set aside or altered by the court, be final as to the
amount of the costs covered thereby, and the court may make such
order in relation thereto as it thinks fit, including in a case the retainer
is not disputed an order that judgment be entered for the sum certified
to be due with costs.

63. Any court in which a solicitor has been employed to prosecute
or defend any suit, matter or proceeding may at any time declare the
solicitor entitled to a charge on the property, recovered or preserved
throught his

for his taxed costs in reference to that suit, matter or proceeding and
may make such orders for the taxation of the said costs and for raising
nioney to pay, or for paying, the said costs out of the said property, as
it thinks fit, ancl all conveyances and acts done to defeat, or operating
to defeat, that charge, shall, except in the case of a conveyance to a
bona fide purchaser for value without notice, be void as against the
solicitor: Provided that no order shall be made if the right to cover the
costs is barred by, any Statute of limitations.





64. 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 thereupon to prosecute and enforce such
judgment or order, and so from time to time is often as any such
abatement may happen.

PART IV.

MISCELLANEOUS AND GENERAL.

65. The Chief justice may, for the purposes of the

execution of Part I, make general regulations with respect
to the admission of a person as a solicitor, and the duties of
the registrar With respect to the keeping of the roll.


66. All acts and rules authorized or required to be done or made
by the Society under or in pursuance of this Ordinance, or any order
or rules made in pursuance of this Ordinance may be done or made on
behalf of the Society by the Committee or a sub-committee thereof duly
appointed for the purpose.

67. All rules, certificates, notices and other documents made or
issued by the Society for any purpose whatsoever may be signed on
behalf of the Society by the secretary, or by such other officer of the
Society as may be frorn time to time prescribed by, the Committee.

68. The Committee shall be entitled, without payment of any fee,
to inspect the file of proceedings in bankruptcy relating to any solicitor
against whom proceedings in bank-ruptcy have been taken and to be
supplied with office copies of the proceedings on payment of the usual
charge for such copies.

69. Notliing in this Ordinance shall prejudice or affect any rights
or privileges of any member of the Colonial Legal Service, or require
any such member as aforesaid or any, clerk or officer appointed to act
for him to be admitted or enrolled in any case where it would not have
been necessary for him to be admitted or enrolled if this Ordinance had
not been passed.





70. Nothing in this Ordinance shall affect any enact-ment empowering
any person, not being a qualified solicitor, to conduct, defend or
otherwise act in relation to any legal proceedings.

71. Any person duly admitted as a solicitor shall be an officer of
the Supreme Court, and shall be subject to ihe jurisdiction thereof in
accordance with the provisions of the Supreme Court Ordinance.

72. (1) Any admission, appointment, approval, enrol-ment notice,
certificate, instrument, order, rule, regulation, direction, appeal or
proceeding under or for the purposes of any enactment repealed by
this Ordinance shall be treated as an admission, appointment, approval,
enrolment, notice, certificate, instrument, order, rule, regulation,
direction, appeal or proceeding under or for the purposes of the
corresponding provision of this Ordinance.

(2) Any document referring to any Ordinance or enactment
repealed by this Ordinance shall be construed as referring to this
Ordinance or the corresponding enactment in this Ordinance, and any
register, roll or list kept under any Ordinance or enactment so repealed
shall be deemed part of the register, roll or list to be kept under the
corresponding provisions of this Ordinance.

(3) Notliing in this section shall affect the general application of
subsection (2) of section 7 and section io of the Interpretation
Ordinance, with regard to the effect of repeals.

73. Any person who, after the date on which this Ordinance
comes into force, intends to present himself for examination or to apply
for admission, shall, notwithstanding that he shall before such date
have served a part or the whole of the term he is or was bound under
articles, comply with the relevant provisions of this Ordinance.

74. (1) The fees mentioned in the Third Schedule shall be payable
to ihe registrar in respect of the matters therein mentioned.

(2) The fees mentioned in the Fourth Schedule shall be payable to
the Society in respect of the matters mentioned therein.





SCHEDULES.

FIRST SCHEDULE. [S. 16. ]

TERM or ARTICLES.

1. In the case of any person who, before entering into articles, has taken a
degree, not being an honorary degree, in arts, law or science in any university
specified in the Second Schedule the term shall be three years.

2. In the case of a person (other than a person who is qualified for
exemption under subsection (1) of section 20) who has been called to the Bar
in England and has procured himself to be disbarred before entering into
articles the term shall be three years.

3. In the case of a person who has been called to the Bar in England and
who before being so called, was bound by articles for a terin of five years and
served thereunder three years and who has ceased to be a barrister before
presenting himself for his final examination, the term of three years served
under such articles as aforesaid shall without prejudice to the provisions of
section 20 suffice if those articles were determined with the consent endorsed
thereon of the solicitor with whom they were entered into.

4. In the case of any person who before entering into articles has been for
ten years a bona fide clerk to a solicitor or employed in any one or more of the
judicial or legal departments of the Government of Hong Kong, and who in
either case, produces to the society satisfactory evidence that he has served
faithfully, honestly and diligently as such, the term shall be three years.

5. The Chief Justice may make regulations directing that in the case of
any person who has passed any examination held in or by a university
specified in the Second Schedule or any college or any educational institution
specified in the regulations, the term shall be four years.

6. In the case of any other person, the term shall be five years.

SECOND SCHEDULE. [s. 3 (2).]

UNIVERSITIES RECOGNIZED FOR CERTAIN PURPOSES

OF THIS ORDINANCE.

The universities specified in the Second Schedule to the Solicitor.
Act, 1932, or added to the list under the provisions of that Schedule.

2. The University of Hongkong





THIRD SCHEDULE. [s. 74 (1).]

TABLE OF FEES PAYABLE TO THE REGISTRAR.

1. On the filing of an affidavit .... $ 2.00

2......................................On the enrolment and registration of articles or of
any assignment of articles ..........20.00
3......................................On the entry of such articles or assignment in the
book to be open to public inspection 10.00

4. On the registration of a notary public under section

31 ..................................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 300.00

FOURTH SCHEDULE. [s. 74 (2).]

TABLE or FEES PAYABLE TO THE SOCIETY.

1. On.....................admission $200.00

2. On receiving any notice given under this Ordinance 10.00

3. On any certificate or consent required under this

Ordinance ............................50.00
4. On application to sit for the final examination
37 of 1948. 9 of 1950. Short title. Interpretation. 22 and 23 Geo. 5, c. 37, s. 81. Regulations for preliminary examination. 23 and 24 Vict. C. 127, s. 8. Second Schedule. [s. 3 cont.] Formalities on execution of articles and of any assignment. [cf. 6 & 7 Vict. C. 73, s. 8.] Enrolment of articles, etc. 23 & 24 Vict. C. 127, s. 7. Leave to extend period. 6 & 7 Vict. C. 73, s. 9. Articled clerks limited to two. 22 and 23 Geo. 5 c. 37, s. 17. Restriction on employment of articled clerks. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 1. Notice of articles to Society and evidence of character, etc. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 2. Service to be continuous and exclusive. 22 and 23 Geo. 5 c. 37, s. 19. Articled clerks not to take other employment. 22 & 23 Geo. 5 c. 37, s. 21. Articled clerks not disqualification of principal. 22 & 23 Geo. 5 c, 37, s. 22. Discharge or assignment of articles in case of bankruptcy. 6 and 7 Vict. c. 73, s. 5. Power of Society to discharge articles in certain cases. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 5. Fresh articles in certain cases. 22 and 23 Geo. 5, c. 37, s. 25. Term of articles. 22 and 23 Geo. 5 c. 37, s. 15. First Schedule. One year's absence in England to count in articles. Notice to sit for final examination. Regulations. Fees for examination. Exemption of disbarred barrister from service under articles. 22 and 23 Geo. 5 c. 37, s. 34. Notice of intention to apply for admission. Further formalities on applying for admission. Evidence of service. 6 and 7 Vict. C. 73, s. 14; 23 and 24 Vict. C. 127, s. 10. Prohibition against practice unless admitted, enrolled or registered. Power of the court to admit and enroll solicitors qualified under this Ordinance. Power of the court to admit and enroll barristers and solicitors from England or Northern Ireland. Formalities for admission under section 26. Society's general right of audience. Oath of allegiance on admission. (Cap. 90.) The rolls. 22 and 23 Geo. 5 c. 37, s. 2. [s. 30 cont.] Registration of notaries public. Limit of one year to strike off for irregularity in articles, service, etc. 22 and 23 Geo. 5 c. 37, s. 12. Power of court to strike off or suspend a solicitor. Power of court to strike off or suspend barrister. Power of court to strike off or suspend notary public. Power of Committee to inquire into conduct of solicitor. (Cap. 86.) [s. 36 cont.] Power of Chief Justice to replace name on roll. 22 and 23 Geo. 5 c. 37, s. 13. Penalty for unlawfully practising as a barrister or notary public. Unqualified person not to act as solicitor. 22 and 23 Geo. 5 c. 37, s. 45. Penalty for pretending to be a solicitor. 22 and 23 Geo. 5 c. 37, s. 46. Penalty on unqualified person preparing certain instruments. 22 and 23 Geo. 5 c. 37, s. 47. (Cap. 227.) [s. 41 cont.] Penalty for unqualified person preparing memorials, etc., under Cap. 128 of 97. 22 and 23, Geo. 5 c. 37, s. 48. 9 of 1950, Schedule. Penalty for unqualified person preparing papers for probate, etc. 22 and 23 Geo. 5, c. 37, s. 49. No costs for unqualified person. 22 and 23 Geo. 5, c. 37, s. 50. Solicitor not to act as agent for unqualified person. 22 and 23, Geo. 5, c. 37, s. 51. Application of penal provisions to body corporate. 24 and 25, Geo. 5, c. 45, s. 1. Employment by solicitor of person struck off or suspended. 22 and 23 Geo. 5, c. 37, s. 52. Solicitors not to commence or defend actions while in prison. 22 and 23 Geo. 5 c. 37, s. 53. Penalty on failure to disclose fact of having been struck off, etc. 22 and 23 Geo. 5 c. 37, s. 55. (Cap. 227.) Character of service considered in taxation of costs. Agreement for remuneration for non-contentious business. 22 and 23 Geo. 5 c. 37, s. 57. [s. 51 cont.] Remuneration of a solicitor who is a mortgagee. 22 and 23 Geo. 5 c. 37, s. 58. Power to make agreements - contentious business. 22 and 23 Geo. 5 c. 37, s. 59. Miscellaneous provisions - contentions business. 22 and 23 Geo. 5 c. 37, s. 60. [s. 54 cont.] Death, incapability, or change of solicitor, etc. 22 and 23 Geo. 5 c. 37, s. 61. [s. 55 cont.] Agreement excludes taxation. 22 and 23 Geo. 5 c. 37, s. 62. Miscellaneous provisions as to remuneration for contentious business. 22 and 23 Geo. 5, c. 37, s. 63. Power to court to order delivery of bill and deeds. 22 and 23 Geo. 5, c. 37, s. 64. Action to recover costs. 22 and 23 Geo. 5, c. 37, s. 65. Taxation of bills. 22 and 23 Geo. 5, c. 37, s. 66. Taxation on application of third parties and beneficiaries under trustee, etc. 22 and 23 Geo. 5 c. 37, s. 67. [s. 61 cont.] General provisions as to taxations. 22 and 23 Geo. 5, c. 37, s. 68. Charging orders. 22 and 23 Geo. 5 c. 37, s. 69. Revival of order for payment of costs. 33 and 34 Vict. C. 28, s. 19. Regulations by Chief Justice. Committee may act for Society. Authentication of Society's rules and documents. 22 and 23 Geo. 5 c. 37, s. 75. Committee may inspect file in bankruptcy. 22 and 23 Geo. 5, c. 37, s. 76. Savings for members of Colonial Legal Service, etc. 22 and 23 Geo. 5 c. 37, s. 77. Savings for persons authorized to conduct legal proceedings. Officer of Supreme Court. 22 and 23 Geo. 5 c, s. 80. (Cap. 4.) Admissions, orders, etc. under repealed Ordinance. (Cap. 1.) Provisions as to examination, admission, etc., to apply from date of this Ordinance. Fees. Third Schedule. Fourth Schedule.

37 of 1948. 9 of 1950. Short title. Interpretation. 22 and 23 Geo. 5, c. 37, s. 81. Regulations for preliminary examination. 23 and 24 Vict. C. 127, s. 8. Second Schedule. [s. 3 cont.] Formalities on execution of articles and of any assignment. [cf. 6 & 7 Vict. C. 73, s. 8.] Enrolment of articles, etc. 23 & 24 Vict. C. 127, s. 7. Leave to extend period. 6 & 7 Vict. C. 73, s. 9. Articled clerks limited to two. 22 and 23 Geo. 5 c. 37, s. 17. Restriction on employment of articled clerks. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 1. Notice of articles to Society and evidence of character, etc. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 2. Service to be continuous and exclusive. 22 and 23 Geo. 5 c. 37, s. 19. Articled clerks not to take other employment. 22 & 23 Geo. 5 c. 37, s. 21. Articled clerks not disqualification of principal. 22 & 23 Geo. 5 c, 37, s. 22. Discharge or assignment of articles in case of bankruptcy. 6 and 7 Vict. c. 73, s. 5. Power of Society to discharge articles in certain cases. 26 Geo. 5 and 1 Edw. 8 c. 35, s. 5. Fresh articles in certain cases. 22 and 23 Geo. 5, c. 37, s. 25. Term of articles. 22 and 23 Geo. 5 c. 37, s. 15. First Schedule. One year's absence in England to count in articles. Notice to sit for final examination. Regulations. Fees for examination. Exemption of disbarred barrister from service under articles. 22 and 23 Geo. 5 c. 37, s. 34. Notice of intention to apply for admission. Further formalities on applying for admission. Evidence of service. 6 and 7 Vict. C. 73, s. 14; 23 and 24 Vict. C. 127, s. 10. Prohibition against practice unless admitted, enrolled or registered. Power of the court to admit and enroll solicitors qualified under this Ordinance. Power of the court to admit and enroll barristers and solicitors from England or Northern Ireland. Formalities for admission under section 26. Society's general right of audience. Oath of allegiance on admission. (Cap. 90.) The rolls. 22 and 23 Geo. 5 c. 37, s. 2. [s. 30 cont.] Registration of notaries public. Limit of one year to strike off for irregularity in articles, service, etc. 22 and 23 Geo. 5 c. 37, s. 12. Power of court to strike off or suspend a solicitor. Power of court to strike off or suspend barrister. Power of court to strike off or suspend notary public. Power of Committee to inquire into conduct of solicitor. (Cap. 86.) [s. 36 cont.] Power of Chief Justice to replace name on roll. 22 and 23 Geo. 5 c. 37, s. 13. Penalty for unlawfully practising as a barrister or notary public. Unqualified person not to act as solicitor. 22 and 23 Geo. 5 c. 37, s. 45. Penalty for pretending to be a solicitor. 22 and 23 Geo. 5 c. 37, s. 46. Penalty on unqualified person preparing certain instruments. 22 and 23 Geo. 5 c. 37, s. 47. (Cap. 227.) [s. 41 cont.] Penalty for unqualified person preparing memorials, etc., under Cap. 128 of 97. 22 and 23, Geo. 5 c. 37, s. 48. 9 of 1950, Schedule. Penalty for unqualified person preparing papers for probate, etc. 22 and 23 Geo. 5, c. 37, s. 49. No costs for unqualified person. 22 and 23 Geo. 5, c. 37, s. 50. Solicitor not to act as agent for unqualified person. 22 and 23, Geo. 5, c. 37, s. 51. Application of penal provisions to body corporate. 24 and 25, Geo. 5, c. 45, s. 1. Employment by solicitor of person struck off or suspended. 22 and 23 Geo. 5, c. 37, s. 52. Solicitors not to commence or defend actions while in prison. 22 and 23 Geo. 5 c. 37, s. 53. Penalty on failure to disclose fact of having been struck off, etc. 22 and 23 Geo. 5 c. 37, s. 55. (Cap. 227.) Character of service considered in taxation of costs. Agreement for remuneration for non-contentious business. 22 and 23 Geo. 5 c. 37, s. 57. [s. 51 cont.] Remuneration of a solicitor who is a mortgagee. 22 and 23 Geo. 5 c. 37, s. 58. Power to make agreements - contentious business. 22 and 23 Geo. 5 c. 37, s. 59. Miscellaneous provisions - contentions business. 22 and 23 Geo. 5 c. 37, s. 60. [s. 54 cont.] Death, incapability, or change of solicitor, etc. 22 and 23 Geo. 5 c. 37, s. 61. [s. 55 cont.] Agreement excludes taxation. 22 and 23 Geo. 5 c. 37, s. 62. Miscellaneous provisions as to remuneration for contentious business. 22 and 23 Geo. 5, c. 37, s. 63. Power to court to order delivery of bill and deeds. 22 and 23 Geo. 5, c. 37, s. 64. Action to recover costs. 22 and 23 Geo. 5, c. 37, s. 65. Taxation of bills. 22 and 23 Geo. 5, c. 37, s. 66. Taxation on application of third parties and beneficiaries under trustee, etc. 22 and 23 Geo. 5 c. 37, s. 67. [s. 61 cont.] General provisions as to taxations. 22 and 23 Geo. 5, c. 37, s. 68. Charging orders. 22 and 23 Geo. 5 c. 37, s. 69. Revival of order for payment of costs. 33 and 34 Vict. C. 28, s. 19. Regulations by Chief Justice. Committee may act for Society. Authentication of Society's rules and documents. 22 and 23 Geo. 5 c. 37, s. 75. Committee may inspect file in bankruptcy. 22 and 23 Geo. 5, c. 37, s. 76. Savings for members of Colonial Legal Service, etc. 22 and 23 Geo. 5 c. 37, s. 77. Savings for persons authorized to conduct legal proceedings. Officer of Supreme Court. 22 and 23 Geo. 5 c, s. 80. (Cap. 4.) Admissions, orders, etc. under repealed Ordinance. (Cap. 1.) Provisions as to examination, admission, etc., to apply from date of this Ordinance. Fees. Third Schedule. Fourth Schedule.

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