BARRISTERS, ATTORNIES, AND PUBLIC NOTARIES ORDINANCE
Title
BARRISTERS, ATTORNIES, AND PUBLIC NOTARIES ORDINANCE
Description
ORDINANCE No. 3 of 1811.
Barristers, Attoonies, and Public IMotaries.
NQ. 3 of 1871.
Title. An Ordinance to consolidate and amend the Laws of the Colony
relating to the Admission and Enrolment by the Supreme
Court of Barristers, Attornies, Solicitors, and Proctors, and
to the Examination of Articled Clerks, and to provide for
the Registration of Public 11 otaries.
[29th May, 1871.1
WHEREAS it is expedient to consolidate and amend the laws of the
Colony relating to the admission and enrolment by,the Supreme
Court of barristers, attornies, solicitors, and proctors, and to the
exami-
wation of articled clerks, and to provide for the registration of public
notaries: Be it enacted by the Governor of Honalcons, with the advice
of the Legislative Council thereof, as follows
:--
1. =In- tie interpxetation, of this .Ordinance, the expression ' Supreme
.Cow t' shall mean. the Supreme Court of Hongkong; the term 'Registrar'
shall mean the Aebistrtir of the Supreme Court; the term 'Attorney'.'
shall include ,'Solicitor;' and the term 'Articles' shall include any
contract in writinn whereby any person shall be bound to serve as a clergy
to an attorney. .
2, Section 10 of Ordinance NO. G of 1845, and Ordinance No. 13 of
1856, except sections 11 and 12, arc; hereby repealed, subject,
nevertheless
to the provisions of the section next hereinafter followinn:
3. The repeal of section 10 of Ordinance No. 6 of 1845, and of so
v'mueh of Ordinance No. 13 of- 185E as in the last preceding section
irientioned, shall not affect the rights of any persons who pit the time
of
tl~e`passing of this Ordinance hid served or were in course of serving any
of the offices specified in section 1 of Ordinance No. 13 of 1856, or
under amy articles, entered into before the passing of this Ordinance, but
as regards such persons the whole of the said last mentioned Ordinance,
and section 10 of. Ordinance No. 6 of 1846, shall for the purpose of their
admission as attornies and proctors of the Supreme Court, be deemed
to -remain in force as if this Ordinance had not been passed, except that
the exaW ination of such persons for their admission as aforesaid, shall
be
conducted by the examiners appointed under this Ordinance.
ORDINANCE No. 3 of 1871. 1101
Barristers, Attornies, and Public Notaries.
4. From and after the passing of this Ordinance, no person, save
as aforesaid, shall practise within the Colony as a barrister, attorney, or
proctor, unless he shall have been approvfed, admitted and enrolled by
the Supreme Court; or as a public notary, unless he shall have been
registered, under the provisions of this Ordinance; Provided always that
it shall not be necessary for any person already admitted and enrolled by
the Supreme Court to practise as a barrister, attorney, or proctor, to be
re-admitted or re-enrolled under this Ordinances, and every person now
practising as a public notary within the Colony shall be allowed one
calendar month from the date of the passing of this Ordinance, or if
absent, from the date of his return to the Conly, within which to become
registered, and shall during such period be exempt from the operation of
this section and of section 29.
5. The Supreme Court shall have power to approve, admit and enrol
such persons as shall have been admitted barristers or advocates in Great
Britain or Ireland, to practise as barristers, and such persons as shall
have been admitted as attornies, or writers in one of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in any Ecclesiastical
Court in England, to practise as attornies and proctors, in the Supreme
Court.
6. The Supreme Court shall have power to admit, and enrol as an
attorney and proctor of the Supreme Court, any jperson, being a British
subject, who shall have actually exclusively, an bona fide served for the
period of five years as a clerk under articles to any attorney actually
practising within the Colony, or part of such period of five years under
articles to such attorney and the other part under articles to any attorney
actually practising in Great Britain or Iraland, and who shall have been
examined and sworn in the manner hereinafter directed and otherwise
shall have fulfiled all the conditions of this Ordinacne in relation to such
admission.
7. Any person being a British subject, who either before or after the
passing of this Ordinance, shall for the term of five years have been a bona
fide clerk to an attorney practising within the Colony and during that term
shall have been bona fide engaged in the transaction and performance,
under the direction and superintendence of such attorney, of such
matters of business as are usually transacted and performed by attornies,
solicitors, and proctors, and who shall produce to the Chief Justice
1102 ORDINANCE No. 3 of 1871
Barristers, Attornies, and Public Notaries.
satisfactory evidence that he has faithfully, honestly and diligently served
as such clerk, shall be exempted from any preliminary examination
[before becoming bound under articles to any attorney practising within the Colony,
and it shall be lawful for the Supreme Court to admit and enrol any such person as an
attorney and proctor of the Supreme Court after a bona fide service of three years
under such articles: Provided always that such person be otherwise entitled to be
admitted and enrolled according to the provisions of this Ordinance, and for such
purpose; all the provisions of this Ordinance in relation to the admission and enrolment
of artrcled clerks as attornies and proctors under section 6 shall be read as if the
words 'three years' were inserted therein in the place of the words 'five years'
whenever, they occur in relation to the period of service under articles. Repealed by
Ordinance No. 18 of 1884, subject to the proviso therein.]
8. In case any attorney to whom any clerk is articled, shall before
the expiration of the term become bankrupt, or execute a trust deed for
the benefit of his creditors under section 163 or within section 165 of
'The Bankruptcy Ordinance, 1864,' or be imprisoned for debt, and
remain in prison for the space of twenty-one days, it shall be lawful for
the Supreme Court upon the application of such clerk to order and
direct the articles to be discharged or assigned to such person, upon such
terms and in such manner, as the said Court shall think fit.
9. It shall be lawful for all persons admitted and enrolled by the'
Supreme Court to practise as barristers or as attornies to practise as
such respectively in all the Court of the Colony.
10. Every person who shall desire to be admitted under section 5
to practise in the Supreme Court in any of the capacities therein mentioned
shall deposit with the Registrar his certificate of call to the bar or
of his admission as an attorney, writer, or proetor, and shall file in the
said Court an affodavit of identity in such form as may be approved by
the Chief Justice: Provided always that the Chief Justice may on special
grounds and upon 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.
11. The Registrar shall keep a special book for the registration of
public notaries, and every public notary, who shall produce his notarial
faculty, and shall file in the Supreme Court an affidavit of identity in
such form as may be approved by the Chief Justice, shall on payment of
the fee specified in section 28, be entitled to be registered therein.
ORDINANCE --,No.- 3 0p'1871.
Barristers, Attornies, sand Public Notaries:
12, The articles -hereby any person shall become boo ld to serve
as a clerk to any attorney Practising within the ' Colony ~ and every
assignment thereof, shall be produced to the Registrar within` one month
after the same shall have been executed 'and the person go bound as afore-
said shall within the said period make and duly swear or cause to be made
and-duly sworn an affidavit of.such attorney haring been, duly admitted,
and also of the actual execution of the articles or assignment by .the,
~arties thereto; and-in every such affidavit shall be specified the names
-of.such attorney and of the person so bound and the day on which such
articles or assignment were actually execrated and such person shall also,
within the said period, file the said affidavit in the Supreme Court.
13. Within the said period of one month and upon the ling of the
affidavit required by the last preceding section and the pa 4~aent of the
fees specified in section 28 the. Registrar shall enrol and ; egister the
articles or assignment and shall make and sign a memoran4nrn thereon y
and on the affidavit, of the day on which the sarne, was filed and the
Registrar shall likewise cuter the names o£ the parties to end the .dates
of such articles or assignment and ..the terns. o£'servree rs . ~ k:uotz
'to be
kept for that purpose and shall mark such articles or,. asignmeil
having been so entered with the date thereof.a;ud the-,said b ak shall~be
open to public inspection during once lours wi<hout £e~.:~.';e~qrari.
F010 I
to be otxt~cve4
;
upon the
e~ec~utfan W=
artig~F or pf-`
an~'a~i~-u-
meat ~:~xer~`~.;
4 to.-
o. 7.3i
14. The formalities prescri?,twd b~ the two last preceding sections
maybe observed and perforrW.i ~~~:r'~lze ~~tration of tho.period bf\one
month therein specified by leave ,6fthe tCK`c£ Justice; but the service
of - a tE
the clerk so bound as 'aforesaid shall bj rcekoned to e_on~e~ence arid be
'P'
hj
y` ~~r~
~~ Cifie~, da
computed from the date when. such, leave ~'~.t~n ha,~, r;;=granted or in
, leave,
~~:;,~ ~ ~`~ ~, :.
thd`case of an assignment his'service shall be src ~_~t~,~ .f'~or~-'lhe
eapira=
tabs of the said period of one, month he.reinbefore spy..<~-tza1_til. tae
date
when such leave shall be granted, unless -the' Chief JusttstZ611 U her
wise
order.
15. No person bound.by articles of clerkship to any attorn
shall, during the term of service mentioned in such article
Bold any office or engage in any employment whatsoever other than the
employment of clerk., to -such -attorney and his partner partners (i£
f
any) in the business, practice, or employment of an attorn~arid proctor:
1104 ORDINANCE No. 3 of 1871.
Barristers, Attornies, and Publice Notaries.
16. The Attorney General together with any two or more fit persons
to be appointed from time to time as occasion shall require by the Chief
Justice in writing and under the seal of the Supreme Court, shall be
examiners for the purposes of this Ordinance, and they shall be entited
to receive by way of remuneration for their services, such sum or sums
out of the public revenue of the Colony as the Governor in Council may
from time to time direct.
17. The Chief Justice may form time to time if he shall think fit, make
regulations to be approved by the LegislativeCouncil for the preliminary
examination of persons hereafter intending to become bound under articles
of clerkship as aforesaid, in order to ascertain the fitness of such persons
to becomes so bound having regard to their general learning and education
and to their character and conduct, and the articles whereby any person
shall have been bound ot serve any attorney practising in this Colony
without having passed such preliminary examination to the satifaction of
the examiners or without having obtained an order from the Chief Justice
dispensing with such preliminary examination, shall be null and void.
18. The Chief Justice may from time to time if he shall think fit,
make regulations to be approved by the Legislative Council for the final
examination of persons who shall have been bound by articles of clerkship
for a period of fove years as aforesaid, in order to ascertain the
fitness of such perosns for admission to practise as attornies and proctors
in the Supreme Court, having due regard to their general learning
and educator, their character and conduct, their professional knowledge,
the length and assiduity of their service and their other credentials.
19.Until regulations for such preliminary and final examinations
shall be made as aforesaid and so far as the same may eb incomplete and
may omit to provide for any particular matters or things, the examiners
may conform themselvers so far as shall be parcticable to the regulations
for the time being by which the examinations of persons intending to
become bound under articles of clerkship, and of candidates for admission
to practise attornies in England are respectively governed and directed.
20.The examiners shall cerify the result of every such preliminary
or fimal examination to the Supreme Court within one week from the
completion of the same, or within such further time as the Court shall
allow; and very such certificate shall be in writing signed by the
examiners, or any two or more of them, of whim the Attorney General.
'<3DINANCE No: .3 of .Ig71=:
yZasters, Attornies; and Public _1 otaries.
shall be one,;
majority of
under articl ~.'-iat
Supreme C~
been able toll
21. If '~.:
final ex.arrii,
practise Ac
fit, 'or cony
be heard i `
and if the mj
admitted
ing as afo
22:
y
give leav:~ .
ac'h.cert '
~nontli fr
lad`;) fl~'
E4II state to. the effect, that the e~.,iners gar tit
`d that the candidate is or -is not fit to beco:nc~bounq:~ ~
hip inteu
cause a l
public- nj
may, if
pensing'
>aid, or to act as air attorney, and- itc°cator
e case may be), or that the examiners have z~ch
~ny finding, as to his fitness in that- beha
~ers, or the majority of them -present at any ;au-=.0e'~-
~ r~rn~u
~1 that the candidate is fit, he shall lic admitted tcs: ~~a~:
but if they or the s
%fd majority, find that he is -not ~°
~ing, he may, on his petition to the Wprenia -court,_ ~~ '~f
of his qualification and claim to such admission;-..~ . :g~ ~'-~ ~'
shall grant the prayer of his petition; he shall be.
notwithstanding Any such finding or giant of,
,..cases where the Court on special aiplxc;z~.io~-~ia'll oert;fi
a
ntrary, no admission shall be grante`' vYht tc.er upon ~nr~,:
E~uch petition as-aforesaid, after the c y~ixv~jt:ic~n .of ono 'G
~e of the return of the certificate or (-as txUe case'06 of
order made upon the petition.
4ndidate for admission as art attar,.t'A
~l give one month's writCen
~y for examination and admission, a0~,~I~
~ be inserted thrbe° times ire the (pr,zxKd_,y,'
the Corny : Provided always
examined, or not have pass ed the~'- ~r.Mti~:
~y, within site months after suet no t~ce Z'JV
:i,
nation and. admission, and ~o: fi`n~ri,-i~z.
ink proper: Provided always that H-46
reyented, from attending to. be_'e~;
ORDINANCE 'No, 3 r,F zt31'
Bam'sters,'A.1lrrnY,ees, u-r.d d'rrVic Notaries'.:-
2lwi. Every oandidate for adnzif,sion ~r; ant UWm
tinder section G whoha)l i;av(~, ser%'e:i.ri. a£ the=
L
therein t-nenti,mrcl as a« ;a.rai~Ae:I clerk v.~, :.F1 d tortiey '-
s
Rritain or Ireland, and th(, other part iit:Ic an attwhe
tire Colony, sl!all, ire addition to the fornxalities prey
Old 1 3 in respect. of the av tielgs therein mer,itiouedt.~
admitted and enrolled, larodace to, fhe Registrar tl~°t
he shall have beqome bound to suJi attorney, pracasi
V .,
o'relancl and every ael nment tlicreof, and steal
duly cane to be re and sworn such afri,lavits- in. r
-~ w'. `~ prc;scz ~'d by t2 2 in $pect of Ue articles the
tl,.s: provisions of 00do ri T a.i to en ro3'cnent, re;istrat?:in
Ir
n 'Clation to the articles then: in mentioned shall like
>Whereby gich eau4datP- shall have been bound to = P
.raciain i(ra'l~ Dritain-r.Irland and' t any ;
_ x. . _ _ _.~ _ _. _ _ Way,,: ,upon ~-'
end proctor,
>f five `years
jinn in Great
tisinn within
~ sections 12
e he can be
pnder which
~reat Britain
d swear or
~,Zereto as are
~ioned ; and
er matters
~y to articles
y attorney
~t thereof
~' unds and
ch person
ion ,either
2$. Every c i~Eidanr Admission - as au a
under section 6 shall hefqre~ he', tan, be
affidavit oaf laiinself or of ttory.r~ ~tprures
Britain and- Ireland :or in,
proctor,
dove by an
. in Great
i
end,, to he
ally and,
~~attornies
l~ that he
employ-
ttoriiey
4usiness,
~flielavit
before admission and eurolUrient;.subscfibe te 0ll ~c,b :'
amrmation of -Allegriance'Ju.-the = .fbruijm:scrIbP_d-bV'- ~1869, and
also the oath or declaration aiid affirmatioh
l)'arrislc:m, .,4 ttorrzics, aNd Pub tie Notaries.
B., do swsar, gar soiE;mnlc, sirwerelp, and tralp cleci,ert and
affixralx-:`.
will truly and honestly cii?.iaean myself in tiaQ practice of.at
v;_ . ~°~:~n2.toroey, soiic.itor, and proctor ac;carding to the best of
in,; l:nbwled~-J
;3nl ability.' Viand in the rcse of an oath 'So help use Grjd:'
28. '.I'he fnllmrina fees shall 1)c p;dc? to the Registrar for tbe. use
'of
the Crown
fizz the film of an afficlawi;,.
On the enrc~lia.ent and xeg;strai-iork of articles orj`~'
of any wiaignrrent of .zz°ticlc:; under sections`:
<=)n the entr
y of such articles car assignment in:
the book to be aliened to Imblic- inspection
under sections IS and 25 ,:, .,
On the registration of a puhii;; notary, under
'
(fin t-.Io; admission of czzq pcr:aoi under sections
6 and a ,
act within this Colony fas. a. barrister, attorneq,,~ ~ir-proetox, W,41
been adunitteci or enrolled by tae supreme y itrrt eztheP. ~~
the passim of this Ordinance, or as a, ijublio'
duly registered 2s IterLinheforcl provided, oz ~.of~ithout
pc~,~;:a~ii~C.:y
qualif, cation as a barrister, attorney, I)rocz pyx~ v~';notary put~1m,
shy ~~.
as such or prepar~- -any doruzxzent -hate ir~'forSee=or rew*trcl, 'sliK N
liable for every. -:such olunee to forfeit o `-fhe 'Crown a rezay` nit
exceeding two Izzzzadzy d-oar's:
3C), the Supreme CiDutt ~Cih-all-have l-ta!v~r; upon reasc~Ie cauN;.
to. remove and strife oF; from.`tbe -rolls >06: Court the sae of aA ~''
barrister, atLorneyor praetor.
1::: :'-the pravisious of 31all not apply
~I ~r to the Crowxa-
1100
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.
Barristers, Attoonies, and Public IMotaries.
NQ. 3 of 1871.
Title. An Ordinance to consolidate and amend the Laws of the Colony
relating to the Admission and Enrolment by the Supreme
Court of Barristers, Attornies, Solicitors, and Proctors, and
to the Examination of Articled Clerks, and to provide for
the Registration of Public 11 otaries.
[29th May, 1871.1
WHEREAS it is expedient to consolidate and amend the laws of the
Colony relating to the admission and enrolment by,the Supreme
Court of barristers, attornies, solicitors, and proctors, and to the
exami-
wation of articled clerks, and to provide for the registration of public
notaries: Be it enacted by the Governor of Honalcons, with the advice
of the Legislative Council thereof, as follows
:--
1. =In- tie interpxetation, of this .Ordinance, the expression ' Supreme
.Cow t' shall mean. the Supreme Court of Hongkong; the term 'Registrar'
shall mean the Aebistrtir of the Supreme Court; the term 'Attorney'.'
shall include ,'Solicitor;' and the term 'Articles' shall include any
contract in writinn whereby any person shall be bound to serve as a clergy
to an attorney. .
2, Section 10 of Ordinance NO. G of 1845, and Ordinance No. 13 of
1856, except sections 11 and 12, arc; hereby repealed, subject,
nevertheless
to the provisions of the section next hereinafter followinn:
3. The repeal of section 10 of Ordinance No. 6 of 1845, and of so
v'mueh of Ordinance No. 13 of- 185E as in the last preceding section
irientioned, shall not affect the rights of any persons who pit the time
of
tl~e`passing of this Ordinance hid served or were in course of serving any
of the offices specified in section 1 of Ordinance No. 13 of 1856, or
under amy articles, entered into before the passing of this Ordinance, but
as regards such persons the whole of the said last mentioned Ordinance,
and section 10 of. Ordinance No. 6 of 1846, shall for the purpose of their
admission as attornies and proctors of the Supreme Court, be deemed
to -remain in force as if this Ordinance had not been passed, except that
the exaW ination of such persons for their admission as aforesaid, shall
be
conducted by the examiners appointed under this Ordinance.
ORDINANCE No. 3 of 1871. 1101
Barristers, Attornies, and Public Notaries.
4. From and after the passing of this Ordinance, no person, save
as aforesaid, shall practise within the Colony as a barrister, attorney, or
proctor, unless he shall have been approvfed, admitted and enrolled by
the Supreme Court; or as a public notary, unless he shall have been
registered, under the provisions of this Ordinance; Provided always that
it shall not be necessary for any person already admitted and enrolled by
the Supreme Court to practise as a barrister, attorney, or proctor, to be
re-admitted or re-enrolled under this Ordinances, and every person now
practising as a public notary within the Colony shall be allowed one
calendar month from the date of the passing of this Ordinance, or if
absent, from the date of his return to the Conly, within which to become
registered, and shall during such period be exempt from the operation of
this section and of section 29.
5. The Supreme Court shall have power to approve, admit and enrol
such persons as shall have been admitted barristers or advocates in Great
Britain or Ireland, to practise as barristers, and such persons as shall
have been admitted as attornies, or writers in one of the Courts at
Westminster, Dublin, or Edinburgh, or as proctors in any Ecclesiastical
Court in England, to practise as attornies and proctors, in the Supreme
Court.
6. The Supreme Court shall have power to admit, and enrol as an
attorney and proctor of the Supreme Court, any jperson, being a British
subject, who shall have actually exclusively, an bona fide served for the
period of five years as a clerk under articles to any attorney actually
practising within the Colony, or part of such period of five years under
articles to such attorney and the other part under articles to any attorney
actually practising in Great Britain or Iraland, and who shall have been
examined and sworn in the manner hereinafter directed and otherwise
shall have fulfiled all the conditions of this Ordinacne in relation to such
admission.
7. Any person being a British subject, who either before or after the
passing of this Ordinance, shall for the term of five years have been a bona
fide clerk to an attorney practising within the Colony and during that term
shall have been bona fide engaged in the transaction and performance,
under the direction and superintendence of such attorney, of such
matters of business as are usually transacted and performed by attornies,
solicitors, and proctors, and who shall produce to the Chief Justice
1102 ORDINANCE No. 3 of 1871
Barristers, Attornies, and Public Notaries.
satisfactory evidence that he has faithfully, honestly and diligently served
as such clerk, shall be exempted from any preliminary examination
[before becoming bound under articles to any attorney practising within the Colony,
and it shall be lawful for the Supreme Court to admit and enrol any such person as an
attorney and proctor of the Supreme Court after a bona fide service of three years
under such articles: Provided always that such person be otherwise entitled to be
admitted and enrolled according to the provisions of this Ordinance, and for such
purpose; all the provisions of this Ordinance in relation to the admission and enrolment
of artrcled clerks as attornies and proctors under section 6 shall be read as if the
words 'three years' were inserted therein in the place of the words 'five years'
whenever, they occur in relation to the period of service under articles. Repealed by
Ordinance No. 18 of 1884, subject to the proviso therein.]
8. In case any attorney to whom any clerk is articled, shall before
the expiration of the term become bankrupt, or execute a trust deed for
the benefit of his creditors under section 163 or within section 165 of
'The Bankruptcy Ordinance, 1864,' or be imprisoned for debt, and
remain in prison for the space of twenty-one days, it shall be lawful for
the Supreme Court upon the application of such clerk to order and
direct the articles to be discharged or assigned to such person, upon such
terms and in such manner, as the said Court shall think fit.
9. It shall be lawful for all persons admitted and enrolled by the'
Supreme Court to practise as barristers or as attornies to practise as
such respectively in all the Court of the Colony.
10. Every person who shall desire to be admitted under section 5
to practise in the Supreme Court in any of the capacities therein mentioned
shall deposit with the Registrar his certificate of call to the bar or
of his admission as an attorney, writer, or proetor, and shall file in the
said Court an affodavit of identity in such form as may be approved by
the Chief Justice: Provided always that the Chief Justice may on special
grounds and upon 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.
11. The Registrar shall keep a special book for the registration of
public notaries, and every public notary, who shall produce his notarial
faculty, and shall file in the Supreme Court an affidavit of identity in
such form as may be approved by the Chief Justice, shall on payment of
the fee specified in section 28, be entitled to be registered therein.
ORDINANCE --,No.- 3 0p'1871.
Barristers, Attornies, sand Public Notaries:
12, The articles -hereby any person shall become boo ld to serve
as a clerk to any attorney Practising within the ' Colony ~ and every
assignment thereof, shall be produced to the Registrar within` one month
after the same shall have been executed 'and the person go bound as afore-
said shall within the said period make and duly swear or cause to be made
and-duly sworn an affidavit of.such attorney haring been, duly admitted,
and also of the actual execution of the articles or assignment by .the,
~arties thereto; and-in every such affidavit shall be specified the names
-of.such attorney and of the person so bound and the day on which such
articles or assignment were actually execrated and such person shall also,
within the said period, file the said affidavit in the Supreme Court.
13. Within the said period of one month and upon the ling of the
affidavit required by the last preceding section and the pa 4~aent of the
fees specified in section 28 the. Registrar shall enrol and ; egister the
articles or assignment and shall make and sign a memoran4nrn thereon y
and on the affidavit, of the day on which the sarne, was filed and the
Registrar shall likewise cuter the names o£ the parties to end the .dates
of such articles or assignment and ..the terns. o£'servree rs . ~ k:uotz
'to be
kept for that purpose and shall mark such articles or,. asignmeil
having been so entered with the date thereof.a;ud the-,said b ak shall~be
open to public inspection during once lours wi<hout £e~.:~.';e~qrari.
F010 I
to be otxt~cve4
;
upon the
e~ec~utfan W=
artig~F or pf-`
an~'a~i~-u-
meat ~:~xer~`~.;
4 to.-
o. 7.3i
14. The formalities prescri?,twd b~ the two last preceding sections
maybe observed and perforrW.i ~~~:r'~lze ~~tration of tho.period bf\one
month therein specified by leave ,6fthe tCK`c£ Justice; but the service
of - a tE
the clerk so bound as 'aforesaid shall bj rcekoned to e_on~e~ence arid be
'P'
hj
y` ~~r~
~~ Cifie~, da
computed from the date when. such, leave ~'~.t~n ha,~, r;;=granted or in
, leave,
~~:;,~ ~ ~`~ ~, :.
thd`case of an assignment his'service shall be src ~_~t~,~ .f'~or~-'lhe
eapira=
tabs of the said period of one, month he.reinbefore spy..<~-tza1_til. tae
date
when such leave shall be granted, unless -the' Chief JusttstZ611 U her
wise
order.
15. No person bound.by articles of clerkship to any attorn
shall, during the term of service mentioned in such article
Bold any office or engage in any employment whatsoever other than the
employment of clerk., to -such -attorney and his partner partners (i£
f
any) in the business, practice, or employment of an attorn~arid proctor:
1104 ORDINANCE No. 3 of 1871.
Barristers, Attornies, and Publice Notaries.
16. The Attorney General together with any two or more fit persons
to be appointed from time to time as occasion shall require by the Chief
Justice in writing and under the seal of the Supreme Court, shall be
examiners for the purposes of this Ordinance, and they shall be entited
to receive by way of remuneration for their services, such sum or sums
out of the public revenue of the Colony as the Governor in Council may
from time to time direct.
17. The Chief Justice may form time to time if he shall think fit, make
regulations to be approved by the LegislativeCouncil for the preliminary
examination of persons hereafter intending to become bound under articles
of clerkship as aforesaid, in order to ascertain the fitness of such persons
to becomes so bound having regard to their general learning and education
and to their character and conduct, and the articles whereby any person
shall have been bound ot serve any attorney practising in this Colony
without having passed such preliminary examination to the satifaction of
the examiners or without having obtained an order from the Chief Justice
dispensing with such preliminary examination, shall be null and void.
18. The Chief Justice may from time to time if he shall think fit,
make regulations to be approved by the Legislative Council for the final
examination of persons who shall have been bound by articles of clerkship
for a period of fove years as aforesaid, in order to ascertain the
fitness of such perosns for admission to practise as attornies and proctors
in the Supreme Court, having due regard to their general learning
and educator, their character and conduct, their professional knowledge,
the length and assiduity of their service and their other credentials.
19.Until regulations for such preliminary and final examinations
shall be made as aforesaid and so far as the same may eb incomplete and
may omit to provide for any particular matters or things, the examiners
may conform themselvers so far as shall be parcticable to the regulations
for the time being by which the examinations of persons intending to
become bound under articles of clerkship, and of candidates for admission
to practise attornies in England are respectively governed and directed.
20.The examiners shall cerify the result of every such preliminary
or fimal examination to the Supreme Court within one week from the
completion of the same, or within such further time as the Court shall
allow; and very such certificate shall be in writing signed by the
examiners, or any two or more of them, of whim the Attorney General.
'<3DINANCE No: .3 of .Ig71=:
yZasters, Attornies; and Public _1 otaries.
shall be one,;
majority of
under articl ~.'-iat
Supreme C~
been able toll
21. If '~.:
final ex.arrii,
practise Ac
fit, 'or cony
be heard i `
and if the mj
admitted
ing as afo
22:
y
give leav:~ .
ac'h.cert '
~nontli fr
lad`;) fl~'
E4II state to. the effect, that the e~.,iners gar tit
`d that the candidate is or -is not fit to beco:nc~bounq:~ ~
hip inteu
cause a l
public- nj
may, if
pensing'
>aid, or to act as air attorney, and- itc°cator
e case may be), or that the examiners have z~ch
~ny finding, as to his fitness in that- beha
~ers, or the majority of them -present at any ;au-=.0e'~-
~ r~rn~u
~1 that the candidate is fit, he shall lic admitted tcs: ~~a~:
but if they or the s
%fd majority, find that he is -not ~°
~ing, he may, on his petition to the Wprenia -court,_ ~~ '~f
of his qualification and claim to such admission;-..~ . :g~ ~'-~ ~'
shall grant the prayer of his petition; he shall be.
notwithstanding Any such finding or giant of,
,..cases where the Court on special aiplxc;z~.io~-~ia'll oert;fi
a
ntrary, no admission shall be grante`' vYht tc.er upon ~nr~,:
E~uch petition as-aforesaid, after the c y~ixv~jt:ic~n .of ono 'G
~e of the return of the certificate or (-as txUe case'06 of
order made upon the petition.
4ndidate for admission as art attar,.t'A
~l give one month's writCen
~y for examination and admission, a0~,~I~
~ be inserted thrbe° times ire the (pr,zxKd_,y,'
the Corny : Provided always
examined, or not have pass ed the~'- ~r.Mti~:
~y, within site months after suet no t~ce Z'JV
:i,
nation and. admission, and ~o: fi`n~ri,-i~z.
ink proper: Provided always that H-46
reyented, from attending to. be_'e~;
ORDINANCE 'No, 3 r,F zt31'
Bam'sters,'A.1lrrnY,ees, u-r.d d'rrVic Notaries'.:-
2lwi. Every oandidate for adnzif,sion ~r; ant UWm
tinder section G whoha)l i;av(~, ser%'e:i.ri. a£ the=
L
therein t-nenti,mrcl as a« ;a.rai~Ae:I clerk v.~, :.F1 d tortiey '-
s
Rritain or Ireland, and th(, other part iit:Ic an attwhe
tire Colony, sl!all, ire addition to the fornxalities prey
Old 1 3 in respect. of the av tielgs therein mer,itiouedt.~
admitted and enrolled, larodace to, fhe Registrar tl~°t
he shall have beqome bound to suJi attorney, pracasi
V .,
o'relancl and every ael nment tlicreof, and steal
duly cane to be re and sworn such afri,lavits- in. r
-~ w'. `~ prc;scz ~'d by t2 2 in $pect of Ue articles the
tl,.s: provisions of 00do ri T a.i to en ro3'cnent, re;istrat?:in
Ir
n 'Clation to the articles then: in mentioned shall like
>Whereby gich eau4datP- shall have been bound to = P
.raciain i(ra'l~ Dritain-r.Irland and' t any ;
_ x. . _ _ _.~ _ _. _ _ Way,,: ,upon ~-'
end proctor,
>f five `years
jinn in Great
tisinn within
~ sections 12
e he can be
pnder which
~reat Britain
d swear or
~,Zereto as are
~ioned ; and
er matters
~y to articles
y attorney
~t thereof
~' unds and
ch person
ion ,either
2$. Every c i~Eidanr Admission - as au a
under section 6 shall hefqre~ he', tan, be
affidavit oaf laiinself or of ttory.r~ ~tprures
Britain and- Ireland :or in,
proctor,
dove by an
. in Great
i
end,, to he
ally and,
~~attornies
l~ that he
employ-
ttoriiey
4usiness,
~flielavit
before admission and eurolUrient;.subscfibe te 0ll ~c,b :'
amrmation of -Allegriance'Ju.-the = .fbruijm:scrIbP_d-bV'- ~1869, and
also the oath or declaration aiid affirmatioh
l)'arrislc:m, .,4 ttorrzics, aNd Pub tie Notaries.
B., do swsar, gar soiE;mnlc, sirwerelp, and tralp cleci,ert and
affixralx-:`.
will truly and honestly cii?.iaean myself in tiaQ practice of.at
v;_ . ~°~:~n2.toroey, soiic.itor, and proctor ac;carding to the best of
in,; l:nbwled~-J
;3nl ability.' Viand in the rcse of an oath 'So help use Grjd:'
28. '.I'he fnllmrina fees shall 1)c p;dc? to the Registrar for tbe. use
'of
the Crown
fizz the film of an afficlawi;,.
On the enrc~lia.ent and xeg;strai-iork of articles orj`~'
of any wiaignrrent of .zz°ticlc:; under sections`:
<=)n the entr
y of such articles car assignment in:
the book to be aliened to Imblic- inspection
under sections IS and 25 ,:, .,
On the registration of a puhii;; notary, under
'
(fin t-.Io; admission of czzq pcr:aoi under sections
6 and a ,
act within this Colony fas. a. barrister, attorneq,,~ ~ir-proetox, W,41
been adunitteci or enrolled by tae supreme y itrrt eztheP. ~~
the passim of this Ordinance, or as a, ijublio'
duly registered 2s IterLinheforcl provided, oz ~.of~ithout
pc~,~;:a~ii~C.:y
qualif, cation as a barrister, attorney, I)rocz pyx~ v~';notary put~1m,
shy ~~.
as such or prepar~- -any doruzxzent -hate ir~'forSee=or rew*trcl, 'sliK N
liable for every. -:such olunee to forfeit o `-fhe 'Crown a rezay` nit
exceeding two Izzzzadzy d-oar's:
3C), the Supreme CiDutt ~Cih-all-have l-ta!v~r; upon reasc~Ie cauN;.
to. remove and strife oF; from.`tbe -rolls >06: Court the sae of aA ~''
barrister, atLorneyor praetor.
1::: :'-the pravisious of 31all not apply
~I ~r to the Crowxa-
1100
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.
Abstract
1100
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.
Title.
Preamble.
Interpreatation clause.
Repealing clause.
Saving clause.
1101
No person to parctise as a barrister, attorney, &., within previous admission, &c.
Re-admission not necessary.
Admission of barristers, attornies and proctors.
[No. 6 of 1845, s. 10.]
Admission of articled clerks.
[6 & 7 Vic., c. 73, s. 3.]
[No. 6 of 1845, sec. 10.]
[No. 13 of 1856, s. 1.]
Period of service under articles reduced to 3 years in certain cases.
[See 23 & 24 Vic., c. 127, s. 4.]
1102
In case of bankruptcy, &c., Court may assign articles.
[6 & 7 Vic., c. 73, s. 5.]
Barristers and attonies may practise in all the Courts.
[6 & 7 Vic., c. 37, s. 27.]
[See 30 & 31 Vic., c. 45, s. 15.]
Certificate of call or admission to be deposited with Registrar and affidavit of identity to be filed.
[No. 7 of 1862, ss. 17 & 18.]
Register of public notaries.
1103
Formalites to be observed upon the execution of articles or of any assignment thereof.
[6 & 7 Vic.,c. 73, s. 8]
Duties of the Registrar aa to the enrolment, &c., of articles.
[6 & 7 Vic., c 73, s. 8 .]
[23 & 24 Vic., c. 127, s. 7.]
The formalties prescribed may be performed after the expiration of the period specifed, by leave of the Chief Justice.
[6 & 7 Vic., c. 73, s. 9.]
[23 & 24 Vic., c. 127, s 7.]
Articled clerks not to be engaged in any other employment.
[23 & 24 Vic., c. 172, s. 10.]
1104
Appointment of examiners and remuneration.
[No. 13 of 1856, s. 2.]
Regulations for preliminary examination.
[23 & 24 Vic., c. 127.]
Regulations for final examination.
[Reg. Gen. H. T, 1853 No. 2.]
[23 & 24 Vic., c. 127, s. 11.]
[No. 13 of 1856, s. 2.]
How far regulations in force in England may be followed.
Certificate of examiners.
[No. 13 of 1856, s. 4.]
1105
The candidate if unsuccessful may appeal to the Court.
[No. 13 of 1856, s. 5.]
Certificate or order to be in force for one month only except by leave of the Court.
[No. 13 of 1856, s. 6.]
Notice of intention to apply for examination.
[Reg. Gen. H. T. 1853, No. 5.]
Renewal of notice
[Reg. Gen. H. T. 1853, No. 6.]
1106
Registration of articles of service to attornies practising in Great Britain and Ireland.
Affidavit of due service.
[6 & 7 Vic. c. 73, s. 14.]
[23 & 24 Vic. c. 127, s. 10.]
Oaths to be taken.
[6 & 7 Vic. c. 73, s. 19.]
[13 of 1856, s. 9.]
1107
Fees payable under this Ordinance.
Penalty for unlawfully practising.
[No. 13 of 1856, s. 13.]
Striking off the rolls.
[No. 6 of 1845, s. 10.]
[No. 13 of 1856, s. 10.]
Law officers.
Identifier
https://oelawhk.lib.hku.hk/items/show/289
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 3 of 1871
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BARRISTERS, ATTORNIES, AND PUBLIC NOTARIES ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 23, 2025, https://oelawhk.lib.hku.hk/items/show/289.
