222110-1935-Supplementary-Bill-read-a-first-time--Crown-Solicitors-Amendment — Page 2

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Objects and Reasons.

1. Section 2 of the principal Ordinance, No. 35 of 1912, authorised the appointment, as Crown Solicitor of any person possessing the qualifications which would entitle the Court to approve, admit and enrol him as a barrister or as a solicitor under section 21 of the Legal Practitioners Ordinance, No. 1 of 1871, and as Assistant Crown Solicitor of any person who had successfully passed all the examinations required of a student before admission as a barrister or advocate in Great Britain or Ireland or as an attorney, solicitor, writer or law agent in one of the Courts at London, Dublin or Edinburgh or as a proctor in any ecclesiastical Court in England.

2. Section 2 of this new Ordinance substitutes a new section 2 (1) which will allow the appointment, as Crown Solicitor or Assistant Crown Solicitor of any barrister, advocate, solicitor, law agent or proctor or any member of the Colonial Legal Service, and as an Assistant Crown Solicitor of any person who has successfully passed the examinations required before admission of a barrister, solicitor, law agent, proctor or any member of the Colonial Legal Service. The Scots expression "law agent" includes Writers to the Signet Solicitors of the Supreme Courts and Procurators in the Sheriff's Court (see 36 & 37 Vict. c. 63, s. 1).

3. This substituted section will not only conform more closely with section 21 of Ordinance No. 1 of 1871, as amended by section 2 of Ordinance No. 13 of 1931, but it will also remove a restriction which might prevent the appoint- ment of any member of the Colonial Legal Service with some other Colonial legal qualification as Crown Solicitor or Assistant Crown Solicitor. In a Circular Despatch dated the 15th July, 1933, the Secretary of State has requested the removal of any such statutory restrictions.

4. Section 2 of this Ordinance enacts a new section 2 (2) which merely gives effect to the amendment made in the repealed section by section 2 of Ordinance No. 9 of 1924.

5. Sections 3 and 4 of this Ordinance amend sections 3 (1) (a) and 4 of the principal Ordinance by including the Air Authorities and His Majesty's Trade Commissioner in Hong Kong among the authorities for whom the Crown Solicitor and his assistants may act with the consent of the Governor.

6. Section 5 repeals Ordinance No. 9 of 1924, as the effect of section 2 thereof is replaced by the new section 2 (2) and the effect of section 3 thereof was repealed and replaced by section 2 of Ordinance No. 24 of 1932.

June,

1935.

C. G. ALABASTER,

Attorney General.