1989 Ed.]
Legal Practitioners
[CAP. 159
35
47. Unqualified person not to prepare
certain instruments, etc.
(1) Any unqualified person, not being a barrister or a 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-
(a) draws or prepares any instrument relating to movable or
immovable property or to any legal proceeding; or
(b) draws or prepares any memorial or other document for the purposes of the Land Registration Ordinance (Cap. 128), or the New Territories Ordinance (Cap. 97) or makes any application or lodges any testimony for registration under either of those Ordinances at the Land Office or at any District Land Office,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000. (Amended 46 of 1989 s. 14)
(2) 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.
(3) 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.
[cf. 1957 c. 27 s. 20 U.K.]
48. Unqualified person not to act in preparation
of papers for probate, etc.
Any unqualified person, not being a barrister or a notary public, who, either directly or as an agent of any person, whether or not that other person is a solicitor, barrister or notary public, takes instructions for or draws or prepares any paper on which to found or oppose a grant of probate or of letters of administration shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and, without prejudice to any other liability or disability to which he may be subject under this Ordinance or any other enactment, shall be liable on summary conviction to a fine of $50,000: (Amended 46 of 1989 s. 14)
Provided that this section shall not apply to any public officer drawing or preparing any such papers in the course of his duty.
[cf. 1957 c. 27 s. 21 U.K.]