CO129-456 - Governor Sir Stubbs - 1919 [10-12] — Page 307

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

180

Trohibition

of practice

unless

enrolled or registered.

Enrolment of English or

or solicitor,

or Scotchi

edvocate or writer.

No. 1 of 1871.

LEGAL PRACTITIONERS.

Admission of Barristers, Solicitors, and Notaries Public. 20. No person shall practise in this Colony as a barrister or solici- tor unless he has been approved, admitted, and enrolled by the Court, or as a notary public unless he has been registered, under the provisions of this Ordinance.

21. The Court shall have power to approve, admit, and enrol such Irish barrister persons as have been admitted barristers or advocates in Great Britain or Ireland to practise as barristers, and such persons as have been admitted as attorneys, solicitors, or writers in one of the Courts at London, Dublin, or Edinburgh, or as proctors in any Ecclesiasti- cal Court in England, to practise as solicitors in the Court.

writers" in this section shall be deemed to include as defined in section 1 of the Act 36 and 37 Victoria,

$

Certificate

of call or

admission to be deposited

with Regis- trar and afidavit of indentity to be filed.

Enrolment of person who liks served

under articles in the Colony or in the Colony and in

or Ireland.

**

The word

** law agents chapter 63.

1+

22. Every person who desires to be admitted under the last section to practise in the Court shall deposit with the Registrar his certifi cate of call to the bar or of his admission as an attorney, solicitor, writer or proctor, and shall file in the Court an affidavit of identity in such form as may be approved by the Chief Justice: Provided always that the Chief Justice may, on special grounds and on such conditions as he may think proper, exempt any such person from complying with the formalities prescribed by this section, either absolutely or for any specified period.

23. The Court shall have power to admit and enrol as a solicitor any person, being a British subject, who has actually exclusively and bond fide served for the period of 5 years as a clerk under articles to any solicitor actually practising in the Colony, or part of such

Great Britain period of 5 years under articles to such solicitor and the other part under articles to any solicitor actually practising in Great Britain or Ireland, and who has been examined and sworn in the manner herein directed, and has fulfilled all the conditions of this Ordinance in relation to such admission.

Oaths to be taken on

24. Every person who applies to be admitted and enrolled under enrolment of section 21 or under the last section as a solicitor shall, before ad-

solicitor,

t

* As amended by No. 83 of 1911.

+ As amended by No. 50 of 1911, No. 82 of 1911 and No. 60 of 1911.

§ As amended by No. 8 of 1902, No. 62 of 1911 and No. 3 of 1912.

As amended by No. 50 of 1911 and No. 62 of 1911.

** As amended by No. 62 of 1911 and No. 88 of 1011.

LEGAL PRACTITIONERS.

No. 1 of 1871,

187

mission and enrolment, subscribe the oath of allegiance in the form prescribed by the Promissory Oaths Ordinance, 1869, and also the No. 1 of

1889.] cath following:--

I, A.B., do swear [or solemnly, sincerely, and truly declare and affirm that I will truly and honestly demean myself in the practice of solicitor, according to the best of my knowledge and ability. So help me God [these words are to be omitted in the case of a declaration or affirmation].

of notaries

25. The Registrar shall keep a special book for the registration Registration of notaries public, and every notary public who produces his not- public. arial faculty, and files in the Court an affidavit of identity in such form as may be approved by the Chief Justice, shall, ou payment of the prescribed fee, be entitled to be registered therein.

Practice of Barristers, Solicitors, and Notaries Public.

right to

26. It shall be lawful for any person admitted and enrolled by General the Court as a barrister or as a solicitor to practise as such respec- practise of tively in the Courts.

27. Every person who,-

(1) either directly or indirectly, practises or acts as a barrister or solicitor, without having been admitted and enrolled, or as a notary public, without having been duly registered; or,

(2) without possessing any qualification as a barrister, solicitor, or notary public, acts as such or prepares any document whatever for fee or reward,

shall be liable for every such offence to forfeit a penalty of 200 dollars: Provided that no proceedings for the recovery thereof shall be instituted without the consent of the Attorney General.

barrister aud solicitor.

+

Penalty for

unlawfully practising.

of rules of

28. The rules of the legal profession and the laws now in force in Modification relation to the practice of barristers and solicitors admitted and en- legal pro- rolled by the Court shall be modified to the extent mentioned in fession. the next two sections.

29-(1) A barrister may, without the intervention of a solicitor, hold consultations with clients and give opinions in all matters what relating to

Modification

of rules

barristers,

ever.

**

*As amended by No. 63 of 1911.

As amended by No. 62 of 1911, No. 68 of 1011 and No. 8 of 1912.

+ As amended by No. 62 of 1911.

As amended by No. 50 of 1911.

**As amended by No. 62 of 1911 and No. 63 of 1911.

288

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