ATTORNEY GENERAL'S CHAMBERS,
Hong Kong,
27th July,.....193 4.
REPORT ON ORDINANCE No.
19
......of 1934.
5
1.
I have examined the accompanying Ordinance. inti tuled an
Ordinance to amend the Crown Counsel's Fees Ordinance,
1903, and am of opinion that it is one which is not
contrary to the Governor's instructions.
2. When the principal Ordinance, No.24 of 1903, was
framed to allow of the taxation and recovery of the
appropriate fee for counsel in any case in which the
Attorney General appeared in person and obtained an
order for costs, and again when section 2(2) of that
Ordinance, as enacted by the (Law) Final Revision
Ordinance, 1912, required such fees, in the absence of
some contractual arrangement or regulation to the con-
trary to be paid into the general revenue, the poss-
ibility of the appointment of an Assistant Attorney
General or other counsel to assist in the work of the
Attorney General's department seems to have been over-
looked.
3.
In a recent appeal case in which the Crown was
interested the Assistant Attorney General appeared for
the respondent and, on the dismissal of the appear,
obtained an order for costs against the appellant.
'The
bill of costs drawn by the Crown Solicitor included fee
for counsel and was duly paid, but it was then discovered
that there was grave doubt whether such fee was legally
included.
4. The present Ordinance has been passed to remedy
this defect.
5. In my opinion this is an Ordinance to which His
Excellency the Governor may properly assent in the mame
of His Majesty and on His behalf.
6 END
Rehell
Attorney General.
P
33800
10
P
7