22774-1911-Supplementary-Bills-read-a-first-time--Post-Office-Amendment — Page 5

438

A BILL

Short title.

Governor

ENTITLED

An Ordinance to make provision for the appoint- ment of and to define the powers of the Crown Solicitor and Assistant Crown Solicitor.

Be it cuneted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as Follows:

1. This Ordinance may be cited as the Crown Soli- citors Ordinance, 1911.

2.-(1.) The Governor shall have, and shall be may appoint, deemed at all times to have had, power to appoint any any qualified person as qualified person to be Crown Solicitor and any person Crown Soli-

to be Assistant Crown Solicitor.

eitor and any person as Assistant Crown Soli- citor.

The Court

shall admi! Crown

Assistant

Crown

Solicitors to practise.

Proviso.

(2.) For the purposes of this section a person shall be deemed a qualified person if, at the time he first commences to perform his duties as Crown Solicitor, he shall possess any of the qualifications which would entitle the Court to approve, admit and enrol him as a barrister or as a solicitor and proctor under section 21 of the Legal Practitioners Ordinance, 1871.

3. The Court shall approve, admit and enrol any per- son appointed by the Governor under the powers con- Solicitor and ferred by this Ordinance to practise as solicitor and proctor in the Court, and thereafter any such person Shall have, as long as he continues to hold the appoint- ment of Crown Solicitor or Assistant Crown Solicitor, all the rights and powers of a person duly admitted to practise as a solicitor and proctor under the Legal Practitioners Ordinance, 1871: Provided always that neither the Crown Solicitor nor the Assistant Crown Solicitor shall without the general or special permission and instructions of the Governor directly or indirectly practise in any proceeding, matter or thing unless the Crown or the Government of the Colony, or some Department of such Government, or some officer of such Government (in his official capacity) is a party to. or interested in such proceeding, matter or thing or may be affected thereby.

Coats.

of Ordinance No 1 of 1904.

4. In any cause or proceeding before any Court or 7. section 2 Tribunal in the Colony in which any party, for whom the Crown Solicitor or any Assistant Crown Solicitor appears or acts as solicitor or proctor. obtains an order for costs against any other party and in which the Crown Solicitor or Assistant (rown Solicitor is not allowed to recciye costs as solicitor or proctor such costs shall be taxed against and payable by the losing party in the same manner as if the Crown Solicitor or Assistant Crown Solicitor had been allowed to retain such costs. Such costs so taxed when recovered shall be paid into the General Revenue of the Colony.

Professional

status pre- served.

Proviso.

Saving of Crown rights.

5. The appointment of any person as Crown Solicitor or Assistant Crown Solicitor under this Ordinance shall not in any way affect the professional status of the per- son so appointed notwithstanding any professional rule of etiquette or custom to the contrary: Provided always that no such person shall be entitled to practise as a barrister as long as he is continuing to discharge the duties of Crown Solicitor or Assistant Crown Soli- citor.

6. Nothing in this Ordinance shall confer any rights as against the Crown on any person appointed as Crown Solicitor or Assistant Crown Solicitor under this Or- dinance.

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