1948-HKRS28-8-15_Part03 — Page 5

Penalty o unqualified person preparing

certain instruments.

22 and 23 Geo. 5 5.37, 5.47.

Ordinance

No. 4r of 1932.

Penalty for unqualified

persod preparing raemorials, etc.. under Ord, 1 of

1844 or Ord. 34 of 1910. 22 and 23. Geo. 5 5.37. 1.48.

Penalty for unquafiBod

person preparing papers for probate etc.

23 and 23 Geo. 5.

4.37. 6.49.

12

41. (1) 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 instrument relating to movable or immovable estate, or any legal proceedings, shall be liable on summary conviction to a fine not exceeding two thousand dollara.

(2) Notwithstanding anything in the Magistrates Ordin- ance, 1932, proceedings in respect of any offence ander 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

(6) any person employed merely to engross or copy any instrument or proceeding.

fr

(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) & 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 instrumenta 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 gract of probate or of letters of administration shall, without prejudice to

4

13

any liability or disability to which he may be subject under any other section of this Ordinance or under any other Ordinance, be liable on summary conviction to a fine not exceeding two thousand dollars for each such offence: Provided that this section shall not extend to any public officer drawing or preparing any such papers in the course of his duty.

44. No costs in respect of anything done by any unqualified No cost for person who acts as a solicitor shall be recoverable in any action, person. suit or matter by any person whomsoever.

unqualified

22 and 23. Geo. 5. 6.37, 1.50

45. (1) No solicitor shall wilfully and knowingly act as agent Solicitor not

to act as agent in any action or in any matter in bankruptcy for any unqualified for qualified person, or permit his Dame to be made use of in any such action person. or matter upon the account, or for the profit, of any unqualified sa and 23. person or sand any process to any unqualified person, or do any other act enabling any unqualified person to appear, set or practise 5-37. *-51- in any respect as a solicitor in any such action or matter.

(2) Where it appears to the court, that a solicitor bas acted in contravention of this section, his name shall be struck off the roll.

(3) Where the court orders the name of a solicitor to be struck off the roll in respect of an offence under this section, it may further order that the unqualified person who was enabled by the conduct of the offender to act or practise na a solicitor shall be imprisoned for any period not exceeding one year.

Geo. 5.

48. (1) If any act is done by a body corporate or by any Application director, officer or servant thereof," of such a nature or in such a of pegal manner as to be calculated to imply that the body corporate is provisions

la body qualified, or recognized by law as qualified, to act as a solicitor

corporate. the body corporate shall be liable on summary conviction to a fiue 14 and ag, not exceeding five thousand dollars for each' such offence, and in Geo. 5 the case of an ant done by a director, officer or servant of the 45, ** corporation, be also shall be liable on summary conviction to a fiue not exceeding two thousand dollars for each anch offence.

(2) For the removal of doubt it is hereby declared that in sections 38 and 39, 40, 41, 42, 43 and 44 and in sub-section (1)

of nection 45 references to unqualified persons and references to persons include references to bodies corporate.

solicitor

47. (1) No solicitor gball, in connection with his practice Employment as a solicitor, without the written permission of the Society which

by may be given for such period and subject to such conditions as

of persons the Society think fit, employ or remunerate any person who to his stuck off or knowledge is disqualified from practising as a solicitor by reason 22 and 23 suspended. of the fact that his name has been struck off the roll, otherwise Ges. 5 than at his own request, or is suspended from practising 68 a 4.37. 152. solicitor.