ORDINANCE No. 12 of 1858. 433
Practitioners in Law.
No. 12 of 1858 .
An Ordinance for Practitioners in Law. [See Ord. No. 3 of
1859.]
[ 12th July, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hongkong, with the
BⓇadvice of the Legislative Council thereof, as follows :
1. Legal practitioners of the Supreme Court, howsoever qualified , are hereby au Barristers and
attornies.
thorized to act as barristers and attornies, or as barristers, or as attornies according to
their instructions, and as they may think fit : except in the cases hereinafter specified.
2. When the same practitioner acts as barrister and attorney in the same matter, Mode ofremuner
ation.
the remuneration receivable by him shall be regulated accordingly : exempli gratiâ, he
shall not be allowed to make any charge or take any fee for or upon pretence of attor
nies' consultations, with instructions to or attendances on counsel, or the drawing or
copying of briefs to counsel, or preparing or copying of papers for the perusal of counsel,
or the like.
3. No barrister shall become or be in any wise interested in the profits of the Law partner
ships.
business of any other practitioner in law, directly or indirectly, and whether under
the name of law partner, or under any other name , or be or act as agent for, or clerk
to, any such practitioner : And no attorney having a law partner shall be allowed to
act as barrister in any matter where himself or his said partner is, or shall be, retained
or acting as attorney.
4. The laws for the time being in force, with reference to attornies, their fees or Extension to bar
risters oflaws
costs, the taxation thereof, and the right of lien and suit in respect of the same, are relating to attor
nies.
hereby extended to all practitioners when acting as attornies, and to all fees and costs
claimed or received in respect of business done by any practitioner in the law as an
attorney, and by virtue of this Ordinance, subject to section 2.
5. From the beginning to the end , or at any intermediate period or periods, of any What persons
may appear, sue,
prosecution, action , suit , or appeal or proceeding , it shall be lawful for any person be and be heard.
longing to any or either of the classes next hereinafter mentioned, to appear, prosecute,
sue, defend, or proceed , in the said Court and the offices thereof, subject only to the
provisions of sections 3 and 6, and to the general jurisdiction of the said Court in re
spect of the orderly transaction of the business of the same, and of the said offices , that
is to say :
1st. Any of the parties on either side to the prosecution , action , suit, appeal, 1st. The parties
themselves,
if unrepre
or proceeding, not being represented therein by some person willing and sented.
able to act in his stead :
2nd. Any barrister of the said Court duly retained by or on behalf of and 2nd. Earristers
retained.
representing any of the said parties, but without any right of exclusive
audience or preaudience, or (save as to rank in the profession) any pri
vilege over any other party, or over his retained practitioner or represen
tative in that behalf:
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