CO129-548-8 Crown Counsel's Fees Amendment Ordinance 1934 1-8-1934 - 1-8-1934 — Page 5

ATTORNEY GENERAL'S CHAMBERS,

Hong Kong,

27th July,.....193 4.

REPORT ON ORDINANCE No.

19

......of 1934.

5

1.

I have examined the accompanying Ordinance. inti tuled an

Ordinance to amend the Crown Counsel's Fees Ordinance,

1903, and am of opinion that it is one which is not

contrary to the Governor's instructions.

2. When the principal Ordinance, No.24 of 1903, was

framed to allow of the taxation and recovery of the

appropriate fee for counsel in any case in which the

Attorney General appeared in person and obtained an

order for costs, and again when section 2(2) of that

Ordinance, as enacted by the (Law) Final Revision

Ordinance, 1912, required such fees, in the absence of

some contractual arrangement or regulation to the con-

trary to be paid into the general revenue, the poss-

ibility of the appointment of an Assistant Attorney

General or other counsel to assist in the work of the

Attorney General's department seems to have been over-

looked.

3.

In a recent appeal case in which the Crown was

interested the Assistant Attorney General appeared for

the respondent and, on the dismissal of the appear,

obtained an order for costs against the appellant.

'The

bill of costs drawn by the Crown Solicitor included fee

for counsel and was duly paid, but it was then discovered

that there was grave doubt whether such fee was legally

included.

4. The present Ordinance has been passed to remedy

this defect.

5. In my opinion this is an Ordinance to which His

Excellency the Governor may properly assent in the mame

of His Majesty and on His behalf.

6 END

Rehell

Attorney General.

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33800

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