154
Penalty on unqualified
person
preparing certain instruments.
22 and 23 Geo. 5 C.37, S.47.
Ordinance
No. 41 of
1932.
Penalty for unqualified
person preparing memorials, etc., under Ord. I of
1844 or Ord. 34 of 1910. 22 and 23,
Geo. 5 c.37, s.48.
Penalty for unqualified
person preparing
for papers probate etc. 22 and 23 Geo. 5, C.37, s.49.
THE HONG KONG GOVERNMENT GAZETTE.
41. (1) Any unqualified person, not being a qualified barriste 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 instrument relating to movable or immovable estate, or any legal proceedings, shall be liable on summary conviction to a fine not exceeding two thousand dollars.
(2) Notwithstanding anything in the Magistrates Ordin- ance, 1932, proceedings in respect of any offence under this section 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 instru ments 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
tion thereof.
(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 limita-
42. Any 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, 1844 or the New Territories Regulation Ordinance, 1910, 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 not exceeding 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