1950-HKRS28-8-17_Part01 — Page 18

Authenticated Laws 確真本香港法例 All

"legal officer" means an officer appointed to and serving in the Colony as a legal officer, or an officer lawfully performing the functions of any of the officers designated in the Schedule hereto;

"public body" includes any executive, legislative, municipal, or urban council, any Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body whether paid or unpaid appointed by the Governor or Government of Hong Kong or which has power to act in a public capacity under or for the purposes of any enactment;

**public servant" means in addition to the meaning Ordinance assigned to it by the Interpretation Ordinance, 1911, any employee No. 21 of

or member of a public body as defined in this Ordinance, whether 1911.

temporary or permanent and whether paid or unpaid;

Rights and privileges of a legal officer. Ordinance No. 37 of 1948.

Matters in which legal officers may act.

"rights" includes powers privileges and discretions; "tribuna!" includes any council, committee, gebitrator, body or person before which a barrister or solicitor may lawfully appear,

3. (10) Any legal officer shall in respect of any of the matters mentioned in subsection (1) of section 4 have all the rights of barristers and solicitors duly admitted under the pro- visions of the Legal Practitioners Ordinance, 1948.

(2) For the avoidance of doubts and without prejudice to the generality of subsection (1) a legal officer shall in respect of any of the matters mentioned in subsection (1) of section 4 have a right of audience before any court or tribunal.

(3) Notification in the Gazette to the effect that a person has been appointed to or holds any of the offices designated in the Schedule or has relinquished or no longer holds any of the said offices, shall be sufficient proof of the facts therein stated.

4. (1) The matters referred to in subsection (1) of section

3 are

(2) any matter which by virtue of any enactment in force in the Colony or under any law applicable to the Colony is entrusted to, or is within the discretion or control of or requires to be discharged by, the Attorney General;

(b) any matter in which the Crown is interested; (c) any proceedings relating to extradition; (d) any matter which relates to the official acts or omissions of-

(i) the Naval Military or Air Authorities; or (i) the Trade Commissioner for the United Kingdom or any territory forming part of the Commonwealth; or

(ii) any public body or public servant.

(2) If in any case doubi should arise whether any matter is a matter mentioned in subsection (1) a certificate under the hand of the Attorney General on the question shall be final and conclusive for all purposes.

of

5. The Attorney General and the Solicitor General shall be Rights and entitled in the courts of the Colony to the same rights as are privileges enjoyed in England by the Attorney General and Solicitor General Attorney of England respectively.

General and Solicitor General

General

A. The Attorney General shail exercise and discharge so far Attorney as regards any proceedings over which the Courts of the Colony act as have jurisdiction by or by virtue of the Divorce Ordinance, 1932. King's the rights and duties which in England are customarily exercised and discharged by the King's Proctor.

Proctor.

Ordinance No. 35 of 1932.

7. (0) The Attorney General may, subject to any special Attorney instructions of the Governor, authorize any legat officer to exercise General and discharge any of the rights and duties which the Attorney authorize

may General is by law or by any enactment to which this section officer tu

A legol applies entitled to exercise or required to discharge.

discharge duties vested or imposed on Attorney General.

(2) The enactments to which this section applies are-- (a) any enactment passed before the commencement

of this Ordinance; and

(b) any enactment passed after the commencement

of this Ordinance which does not expressly provide that this section shall not apply thereto.

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