28145-1912-Supplementary-Bills-read-a-first-time--Crown-Solicitors — Page 1

534

LEGISLATIVE COUNCIL.

No. S. 359.-The following Bills were read a first time at a Meeting of the Council held on the 24th October, 1912-

A BILL

Short title.

Appointment

and

qualifications of Crown

Solicitor and Assistant

Crown Solicitor.

Rights and limitations

ENTITLED

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

Be it enacted 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, 1912”.

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

(2.) For the purposes of this Ordinance :-

(a.) a person shall be deemed qualified for ap- pointment as Crown Solicitor if at the time he first commences to perform his duties as such he shall possess any of the qualifications which would entitle the court to approve, admit and enrol him as a barrister or as solicitor muder section 21 of the Legal Prac- titioners Ordinance, 1871;

(5.) a person shall be deemed qualified for ap- pointment as Assistant Crown Solicitor if he shall have successfully passed the final ex- amination required of a student before admis- sion 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 Loudon, Dublin or Edinburgh or as a proctor in any ecclesiastical court in England.

3.-(1.) Any person duly appointed Crown Solicitor or Assistant Crown Solicitor under the provisions of this as to practice Ordinance shall be permitted to practise as a solicitor olony

by Crown

Solicitor and both in the Supreme Court and elsewhere in the Assistant when appearing as Crown Solicitor or as Assistant Crown

Crown Solicitor.

Fees.

Solicitor :-

(7.) On behalf of, or representing or acting for or

on behalf of :-

(4) the Crown;

(i.) any Government Department of the

Colony;

(i) with the consent of the Governor, the Naval or Military Authorities

(iv) with the consent of the Governor any officer in the employment of the Government in any matter in which the Crown or the Government or any Department thereof is interested;

(b.) Tu any matter in which the Crown or the Government of any Department thereof is

interested.

(2.) Any person duly appointed and acting as Crown Solicitor under the provisions of this Ordinance shall also be entitled to appear on behalf of the Attorney General and prosecute persons at the criminal sessions.

(3.) Subject to the provisions of sub-section (2) of this section no person duly appointed Crown Solicitor or Assist- ant Crown Solicitor shall be entitled to practise as a barrister or to practise on his own account as a barrister or as a solicitor as long as he continues to hold, or act in, his appointment.

4. The Government shall be entitled to charge reason- able fees for work done by any Crown Solicitor or Assist- ant Crown Solicitor on behalf of the Naval or Military Authorities or in extradition proceedings. Such fees shall be subject to taxation and shall be paid into the general