CO129-603-8 Legal Department- reorganisation 17-3-1949 - 29-12-1949 — Page 17

Legal Officers Bill

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Note by the Secretary of State's Legal Advisers

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Clause 2 of the Bill

(1) It is not clear why "Section 26" is not mentioned in the penultimate line of definition of "duly admitted": Section 26 deals with persons admitted as solicitors, etc., in Great Britain or Northern Ireland.

(2) The definition of "Legal Officers" in the Bill appears to be unsatisfactory because (a) not all officers appointed to the Colonial Legal Service as Legal Officers are in the service of Hong Kong, (b) it is not clear whether the definition would continue to apply to a Legal

Officer after promotion, and (o) it seems desirable to insert the word "lawfully" before the word "discharging". The following is suggested:-

"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 offices designated in the Schedule to this Ordinance.

(3) The definition of "public body" borrowed from Ordinance 39 of 1948 is perhaps too wide. The words "or other body .... which has power to act under or for the purposes of any enactment in force in the Colony" might include abody which has no connection with the central government or any local government body (for example the Board of Directors of the Chinese Christian Churches Union mentioned in Ordinance 22 of 1948). It is not without interest to note that the definition in Section 6 of the Public Bodies Corrupt Practices Act, 1889, is not so wide.

....

It is suggested that the words "or which has in the Colony" at the end of the definition be omitted or, if they are considered necessary, that they be replaced by some such words as "or which has power to act in a public capacity under and for the purposes of any enactment."

Clause 3 (1) and (2)

The following alternative draft subsection (1) is suggested for consideration:-

"(1) Any legal officer shall in respect of any of the matters

mentioned in subsection (1) of Section ↳ have all the rights of barristers and solicitors duly admitted under the provisions of the Legal Practitioners Ordinance, 1948.

If it

It seems questionable whether subsection (2) is necessary. is thought advisable to include it merely in order to avoid doubts, the following redraft is suggested for consideration:-

"(2) For the avoidance of doubts and without prejudice to the

Clause

generality of the preceding subsection, it is hereby declared that 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.

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The wording of paragraph (a) of clause 4 (1) might perhaps be simplified. The following is suggested:-

"any duty conferred on, or any function or right exercisable or to be exercised by, the Attorney-General by virtue of any enactment in force in or applicable to the Colony;"

(

1.