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کالمه
4916
9.3
30 JUN 1949
Page
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Mr. Moreton.
7. Hon. J. B. Griffin
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3-8-49
8. Hon. J. B. Griffin
22-8-49
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Clauses 3 and 4 of this Bill call for further consideration before the Bill is introduced.
The proposal that a "legal officer" be per- mitted to act both as barrister and solicitor is obviously open to the criticism that it paves the way
It to the general fusion of the two professions would be difficult to resist the argument that once the barrier has been put down in respect of Government officers, there is no logical reason why it should not be put dom in respect of all practitioners.
It is therefore desirable that the full consequences of the proposed measure be faced and that the feeling of members of the two professions be ascertained (and, if possible, the views of the Bench).
Unless the consensus of opinion be in favour of the ultimate fusion of the two professions in Hong Kong, it would not be advisable to apply the measure to professionals who happen to be in Government service.
In this connection it is assumed that the definition of "legal officer" is intended to apply x to officers who are either barristers or solicitors. It would perhaps be better to make the position abundantly clear by adding the words "and who is either a duly admitted barrister or solicitor" at the end of the definition and deleting the words "an officer appointed to the Colonial Legal Service as a legal officer or".
2.
Subject to the foregoing remarks, the following points deserve further consideration:
Clause 2 of the Bill.
(1) It is not understood why "section 26"
is not mentioned in the penultimate line of definition of "duly admitted": section 26 deals with persons admitted as solicitors, etc., in Great Britain or Northern Ireland..
The defintion of "public body" borrowed from Ordinance 39 of 1948 is perhaps too wide. The words "or other body.....which has power to act under or for the purposes of any enactment in force in the Colony" might include a body which has no connection with the central government or any local government body (for example the Board of Directors of the Chinese Christian Churches Union mentioned in Ordinance 22 of 1948). It is not without interest to note that the defintion in section 6 of the Public Bodies Corrupt Practices Act, 1889, is not so wide.
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It is suggested that the words "or which has. in the Colony" at the end of the defintion be omitted or, if they are considered necessary, that they be replaced by some such words as "or which has power to act in a public capacity under and for the purposes of any enactment
ས་ cation in force in
the Colony".
Clause 3 (1) and (2).
subset(1)
The following alternative draft is suggested for consideration:
(1) Subject to the provisions of sub-section (1)
of section 4, Any legal officer shall in
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