CAP. 159]
[s. 41 cont.]
Penalty for unqualified person preparing memorials, etc., under Cap. 128 or 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.
Legal Practitioners.
may be brought at any time within two years next after the commission of the offence 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 person 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, 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 memorial or other document for the purposes of the Land Registration Ordinance, or the New Territories Ordinance, or makes any application or lodges any document 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 merely to engross or 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
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