1964_LEGAL_PRACTITIONERS_ORDINANCE — Page 35

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CAP. 159]

Legal Practitioners

[1989 Ed.

(a) not being a qualified barrister, either directly or indirectly,

practises or acts as a barrister;

(b) not being a qualified notary public, either directly or indirectly,

practises or acts as a notary public,

shall be guilty of an offence and shall be liable on summary conviction to a fine of $10,000. (Amended 46 of 1989 s. 11)

45. Unqualified person not to act as solicitor

(1) A person who, by virtue of section 7, is not qualified to act as a solicitor shall not act as a solicitor, or as such sue out any writ or process, or commence, carry on or defend any action, suit or other proceeding, in the name of any other person or in his own name, in any court of civil or criminal jurisdiction or act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any court, magistrate or justice. (Amended 46 of 1989 s. 12)

(2) Any person who contravenes the provisions of this section shall-

(a) be guilty of contempt of the court in which the action, suit, cause, matter or proceeding in relation to which he so acts is brought or taken and may be punished accordingly;

(b) be incapable of maintaining any action for any costs in respect of

anything done by him in the course of so acting;

(c) be guilty of an offence and shall be liable on summary conviction to a fine of $10,000 and to imprisonment for 2 years; and (Amended 46 of 1989 s. 11)

(d) in addition to any other penalty or forfeiture and any disability to which he may be subject, be liable for each such offence to a penalty of $25,000 to be recovered, with full costs of action, by action brought in the Court, by the Society with the sanction of the Attorney General. (Amended 46 of 1989 s. 13)

(3) Any penalty recovered under this section shall be deemed to be a penalty due to the Crown and shall be paid into the general revenue of Hong Kong. (Amended 50 of 1982 s. 8)

[cf. 1957 c. 27 s. 18 U.K.]

46. Penalty for pretending to be a solicitor

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as, a solicitor shall be guilty of an offence and shall be liable on summary conviction to a fine of $10,000.

(Amended 46 of 1989 s. 11)

[cf. 1957 c. 27 s. 19 U.K.]

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