722892-1858-STANDING-ORDERS-AND-RULES-FOR-THE-LEGISLATIVE-COUNCIL-OF-HONGKONG- — Page 1

JULY 17, 1858]

The Hongkong Government Gazettę.

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IX. No Barrister acting in his capacity of Attorney shall instruct or authorise any other legal Prac- Barristers and At- gioner to appear for him as Barrister, and no Attorney acting as such shall instruct or authorise any other tornies incapacitated Attorney to appear for him as Barrister; and in all such cases the Instructions and Authority shall be ters in certain cases. itsolutely null and void.

to instruct as Barris-

X. The Penalties contained in Ordinance No. 13 of 1856, Section Thirteen, are hereby extended to every Unqualified Practi- Person not being a Practitioner in the Law, who shall act or practise as such, or who shall claim or receive tioners. Boy Reward, Compensation, or Gratification whatsoever, from any other Person, for or on pretence, of intro

ing him to any such Practitioner, or taking the Advice or securing the Services of any such Practitioner, on the said last mentioned Person's behalf; and in all other respects the said Section is hereby confirmed d made applicable to this Ordinance.

XI. Any legal Practitioner shall be liable to damages in respect of his crassa negligentia, misconduct, Damages for negli. or fraud, at the suit of his Client or any other Person who may have sustained damage thereby.

XII. Any legal Practitioner who is guilty of Deceit or Collusion, or consents thereto, with intent to deceive a Court, Judge, or Party to any such Proceeding as aforesaid, is punishable for a Misdemeanour; and the Party (if any) injured thereby shall be entitled either upon his conviction of such Misdemeanour, er else by Action or Suit, to recover from the Offender treble Damages for the same.

XIII. In the construction of this Ordinance, and of all Ordinances relating to legal Practitioners, the word "Barrister" shall also mean “ Serjeant-at-Law,” « Advocate," "Counsellor-at-Law," "Certifi- cated Conveyancer," and "Special Pleader”; and the word “Attorney" shall also mean “Solicitor,"

Writer," ·Proctor,” and “

Notary."

f

Passed the Legislative Council of Hongkong,

this 12th Day of July, 1858.

L. D'ALMADa e Castro,

Clerk of Councils.

JOHN BOWRING.

STANDING ORDERS AND RULES

FOR

gence.

THE LEGISLATIVE COUNCIL OF HONGKONG.

Extracts from the Royal Instructions to the Governor of Hongkong, Dated the 6th April, 1843.

Deceit or Collusion.

Definitions:

"Barrister." "Attorney."

“IV. And We do declare Our pleasure to be, that the said Legislative Council shall not be competent to act in any case, unless Two Members at the least of such Council, in addition to the Governor for the time being, shall be present at and throughout the Meetings of such Council."

“ VI. And for ensuring punctuality of attendance of the Members of the said Council, and for the prevention of Meetings of the said Council being holden without convenient notice to the several Members thereof: It is Our pleasure, and we do hereby direct, that you, or the Governor of Hongkong for the time being, do frame, for the guidance of the said Council, such Standing Rules and Orders as may be necessary for those purposes, with such other Standing Rules and Orders as may be best adapted for maintaining order and method in the dispatch of business, and in the con- duct of all Debates in the said Council; which Rules and Orders (not being repugnant to the said recited Charter, or to these Instructions, or to any other Instructions which you may receive from Us,) shall at all times be followed and observed, and shall be binding upon the said Council, unless the same or any of them shall be disallowed by Us.

"VII. It is Our pleasure, and we do hereby direct, that no Law or Ordinance shall be made or enacted by the said Council, unless the same shall have been previously proposed by yourself, and that no question shall be debated at the said Council unless the same shall first have been pro- posed for that purpose by you: Provided nevertheless, and it is Our pleasure, that if any Member of the said Council shall deem any Law fit to be enacted by the said Council, or any question proper to be there debated, and shall, of such his opinion, transmit a Written Statement to you, it shall be lawful for any such Member of the said Council to enter upon the Minutes thereof a copy of such statement, together with the reasons upon which such his opinion may be founded."

any

"XXIII. And We do hereby further declare Our will and pleasure to be, that all Questions proposed and debated in the said Legislative Council shall be decided by the majority of voices; and that the Governor for the time being of the said Colony shall, in the said Legislative Council, have both an original vote, and (in case of the votes being equally divided) a casting vote.

And We do further declare Our pleasure to be, and do ordain and appoint, that it shall be competent to the Governor of the said Colony, and he is hereby authorized to make and promulgate, as an Ordi- nance of the said Governor and Legislative Council, any Ordinance which may have by him been proposed for the adoption of the said Council, even though all the Members of the said Council, except himself shall have voted against the adoption and passing thereof; and every Ordinance so made and promulgated as aforesaid shall, until the same may be repealed or disallowed by Us, have the force and authority of Law in the said Colony, as fully as if it had been adopted by the unanimous votes of all the Members of the said Council.”

GENERAL RULES

I. Two Days' notice shall be given of any Meeting of Council to each Member by the Clerk of Councils; but should circumstances occur to render a Meeting on any day appointed for the same inconvenient, the Council may be adjourned to such early day as the Governor shall appoint, by a notice in writing, to be transmitted to each Member by the Clerk one day prior to the period which