LEGAL OFFICERS ORDINANCE

LEGAL OFFICERS ORDINANCE

LAWS OF HONG KONG

LEGAL OFFICERS ORDINANCE

CHAPTER 87





CHAPTER 87

LEGAL OFFICERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ..........................2
2. Interpretation .......................2
2A. Appointment qualification ...........3
3. Rights and privileges of a legal officer 3
4. Matters in which legal officers may act 3
5. Rights of Attorney General ...........3
6. Attorney General to act as Queen's Proctor 4
7. Attorney General may authorize a legal officer to discharge duties vested or
imposed on Attorney General .............4
8. (Repealed) ...........................4

9. Evidence of signature .............................................. 4
10. Fees and costs ......................4
11. Power of the Governor to amend Schedule 5

12. Right to practise as barrister or solicitor after ceasing to be a legal officer

unaffected by provisions of Ordinance .... 5
Schedule . ...............................5





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 and solicitors for certain
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.

[10 March 19501

Originally 3 of 1950 (Cap. 87,1950) G.N.A. 149 of 1953, G.N.A. 26 of 1954, 7 of 1960,
G.N.A. 124 of 1961, L.N. 31 of 1964, L.N. 102 of 1966, L.N. 3 of 1971, L.N. 79 of
1977,13 of 1979, L.N. 129 of 1979, L.N. 116 of 1980, R. Ed. 1989,47 of 1989

1. Short title

This Ordinance may be cited as the Legal Officers Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'duly admitted' means duly approved, admitted and enrolled as a barrister or
solicitor under the Legal Practitioners Ordinance (Cap. 159);

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;

'public body' includes any executive, legislative, municipal, or urban council, any
Government 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 and General Clauses Ordinance (Cap. 1), any employee or member
of a public body as defined in this Ordinance, whether temporary or permanent
and 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.





2A. Appointment qualification

No person shall be appointed as a legal officer unless he has been admitted
as a legal practitioner in Hong Kong, the United Kingdom or in a jurisdiction
listed in Schedule 1 of the Legal Practitioners Ordinance (Cap. 159).
(Added 47 of 1989 s. 2)

3. Rights and privileges of a legal officer

(1) Any legal officer shall in respect of any of the matters mentioned in
section 4(1) have all the rights of barristers and solicitors duly admitted under
the provisions of the Legal Practitioners Ordinance (Cap. 159).
(2) For the avoidance of doubt and without prejudice to the generality of
subsection (1) a legal officer shall in respect of any of the matters mentioned in
section 4(1) have a right of audience before any 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. Matters in which legal officers may act

(1) The matters referred to in section 3(1) 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 (1) a certificate under the hand of the Attorney
General on the question shall be final and conclusive for all purposes.

5. Rights of Attorney General

The Attorney General shall be entitled in the courts of the Colony to the
same rights as are enjoyed in England by the Attorney General of England.
(Amended 13 of 1979 s. 2)





6. Attorney General to act as Queen's Proctor

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 Matrimonial Causes Ordinance (Cap. 179), the rights and duties
which in England are customarily exercised and discharged by the Queen's
Proctor.

7.Attorney General may authorize a legal
officer to discharge duties vested or
imposed on Attorney General

(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.(Repealed 13 of 1979 s. 3)

9. Evidence of signature

Any certificate or document purporting to be given or made in the exercise
or discharge of any of the rights and duties-
(a)which the Attorney General is by law or any enactment entitled
to exercise or discharge; or
(b)which any legal officer is authorized under section 7 to exercise or
discharge,
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 or of such legal officer, as the case may be.
(Replaced 13 of 1979 s. 4)

10. Fees and costs

(1) The Chief Justice may 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 costs and fees received by a legal officer hereunder shall be paid
into the general revenue of the Colony.

11. Power of the Governor to amend Schedule

The Governor may by order amend the Schedule in any manner consistent with
the Appropriation Ordinance from time to time in force.

12.Right to practise as barrister or solicitor after
ceasing to be a legal officer unaffected by
provisions of Ordinance

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. 2,3 111

Attorney General. Law Officer.
Crown Prosecutor. Crown
Solicitor. Law Draftsman.
Principal Crown Counsel.
Assistant to the Attorney General.
Deputy Crown Prosecutor. Deputy
Crown Solicitor. Deputy Law
Draftsman. Deputy Principal
Crown Counsel. Senior Assistant
Crown Prosecutor. Senior
Assistant Crown Solicitor. Senior
Assistant Law Draftsman.
Assistant Principal Crown
Counsel. Assistant Crown
Prosecutor. Assistant Crown
Solicitor. Assistant Law
Draftsman. Senior Crown Counsel.
Crown Counsel. Assistant Crown
Counsel.

(Replaced L.N. 129 of 1979. Amended L.N. 116 of 1980)

https://oelawhk.lib.hku.hk/items/show/2404

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