218
of the Council, and I would now draw the attention of honourable members—
The Hou, T. H. WHITEHEAD-I submit that this is an irregular course of procedure. The members are not being properly treated. I think these reports should be sent round one or two days or three days at least before the matter is brought up with a view to the busi- ness being conducted on regular lines.
The CLERK OF COUNCILS-It was sent round with the orders of the day.
The COLONIAL SECRETARY-I understand that the Clerk of Councils has forwarded to each member a copy of the report with the orders of the day. I do not know whether the honour- aule member has received it.
The Hon. T. H. WHITEHEAD-No; it has
not reached me.
The Hon. C. P. CHATER-I have received mine.
The Hon. E. R. BELILIOS-I did not receive the amended form. The original form was sent to me. I only found it on the table.
HIS EXCELLENOX-I think this matter had better stand over until the amended form can be sent round to the members. It is very important that the amended form should be properly considered.
After consulting with the Acting Attorney General His EXCELLENCY said-The Acting Attorney-General says he will probably not be here at the next meeting of the Council, and it is important we should have his assistance, I quite agree with honourable members that these matters should be forwarded in time to give time for consideration. Has the honourable member a copy now?
The Hon. T. H. WHITEHEAD-No, sir. There is not one on the table-neither of the amended nor of the original.
THE HONGKONG WEEKLY PRÈSS AND
The COLONIAL SECRETARY seconded, and the motion was carried.
The ACTING ATTORNEY GENERAL-I beg to move, in accordance with the conclusion arrived at by the majority of the honourable members of the Law Committee that the whole of clause 21 be struck ont and that clause 22 be renumbered as clause 21. I
this clause 21 is undoubtedly to confer to a cer- think, sir, it will be seen that the object of
tain extent a sort of monopoly, if I may so express it, on the solicitors at present practising colony; because it would be very difficult for an in the colony in the solicitors' legal work of the
outside person, if this clause were to remain standing, to into practice on his own account.
go Of course if any solicitor came to this colony and acted as olerk to a firm of solicitors be would no doubt be asked to enter into an agreement binding him down to prevent him from practising in the colony. I think it is better that there should be freedom in these matters, and that people should be free to come and go and be free to set up as solicitors with. out any restriction; that the public should have the benefit of the best legal advice available, and that no one who comes into the colony should be in any way restricted from setting up in the profession of solicitor. I therefore beg to
move that the whole of clause 21 be struck out and clause 22 be re-numbered.
The COLONIAL SECRETARY seconded.
The Hon. E. R. BELILIOS-ASI object to the deletion of clause 21 I beg to offer a few re- marks in support of my contention. I under- stand that this clause forms port of the Ordin- auce now, in force in the Straits Settlements. The conditions which obtain here are similar to those which obtain in the Straits Settle. ments, and I do not see the reason why such au important clanse should be deleted from our Bill. I take it that the ad- vantages to be derived from the retention of this clause would be threefold. First, it His EXCELLENCY-I do not think that that would restrict the influx of lawyers of unknown would be the regular course.
The Hon. E. R. BELILI08-I think the omission of this important clause should have besa pablished in the Gazette for solicitors to
200.
Hon. C. P. CHATER-The Honourable Mr. Bell-Irving has received his copy of the Report
and so have 1.
for honourable
¦
character and dispositions into the colony. (Laughter.) Secondly, it would protect the in- thus restricting and discouraging litigation.
terest, of our fellow-citizens the old-established
solicitors and attorneys in this island; and thirdly, it would safeguard the colony from For being victimised by unscrupulous men. instance, a practitioner works hard and builds ap a business for himself, but there appears suddenly in the field a rank stranger, a man probably of loose character, who has no know. ledge of the local laws and customs, and who sets to work either by fair or foul means, and
The ACTING ATTORNEY-GENERAL-The amendment I referred to is No. 13 in the report. I will just read the paragraph in the report. It says, "That the whole of clause 21 be struck out and that clause 22 be numbered clause 21. The Hon. E. R. Belilios, C.M.G., was opposed to this amendment but all the other members of the Committee were in favour of it. I have caused a special slip to be printed members containing clause 21. Honourable members will remember that I referred to this particular clause at a previous meeting of the Conucil. That clause runs as follows No person who shall bave been admitted as a solicitor of the Supreme Court of Judicature in England or as an at- torney or writer in one of the Courts at Dublin or Edinburgh shall be admitted to practise within the colony as a solicitor otherwise than as a clerk to a solicitor or firm of solicitors practising in the colony until he shall have actually resided in the colony for a period of six months next preceding such admission and unless he shall have previously given six months' notice in writing to the Registrar of the Court of his desire and intention to apply to be so admitted; but any person who may have been admitted to practise as
a solicitor within the colony as a clerk to another solicitor or firm of solicitors shall, after having so practised for a period of six mouths, be deemed to have been admitted to practise within the colony as it
EL solicitor and shall be entitled so to practise up. on his own account unless precluded from so doing by any lawful agreement or undertaking." With regard to the publication of the omission of this clause in the Government Gazette, I would point out that no determination has beeň come to as yet by the Council as to the deletion of this clause. It will be for honourable members of tis Council to de- oide by a majority when this matter is in com- mittee whetuer this clause shall or shall not be retained. With these observations I beg to move that the Council go into committee to consider clause 21 of the Bill entitled an Ord- inance to amend the law relating to solicitors of the Supreme Court,
cuts into the business of the old-established lawyer. Surely, sir, notice of some kind, how- ever short, might be given to enable this old -resident to cope with the new-comer ns best he may in the preservation of his vested interests and rights. Six months' notice of residence or probation cannot be a hardship to the new-comer. He has everything to win and nothing to lose, and his character should be known before the residents can be allowed to entrust their interests in his hands. Honourable members will remember the man named Webber who landed here a few years ago and soon after he was admitted into the courts commenced to practice in this colony. Before Lis character became known be victimised a number of clients, and before any redress could be obtained he cleared out of the colony. Mr. Norton Kyshe in his History of the Laws and Courts of Hongkong," tells that the lawyers in Hongkong enjoy a high reputation. If that is so I contend 18 the duty of the legislature to s00 that
no black sheep
their enters ranks, and that that reputation continues un. sullied. In my address I have mentioned only the Straits Settlements, but I find that except the Cape and Jamaica all the British colonies have made laws and regu ations fixing periods of residence before a solicitor can be admitted in the courts and qualified to practice. In South Australia one year's residence and notice of desire to be admitted is necessary. In all other Australian courts no solicitor can be ad mitted to practice without serving his time in the colony and passing examinations there. In Canada in the district of Ontario it is and hás for many years past been necessary for an English solicitor desirous of practicing there
us
[March 18, 1899.
to be first resident in the colony for one year, while in the Quebec district he cannot be admitted to practice until he has served his articles afresh in the colony for period of from three to five years. In British Columbia an English solicitor can be admitted to practice only after a period of one year's bona fide residence in the colony. In New Zealand an English solicitor before he can be admitted to practice in the colony must give notice of his desire to enter and must pass a thorough examination as to his knowledge of local laws. If this clause be expunged from the Bill Hongkong will be taking a retrograde movement, and will not be in tonob with the other British colonies. For these reasons, and for the sake of the welfare of the colony, I submit that clause 21 should form part of the Bill.
The Hon. Dr. Ho Kat—Sir, I am one of the members of the Law Committee who voted against the retention of the clause, and for the reason that it is against free trade and fres competition. At the end of this 19th century it is very curious to hear one speak of the vested interests of a profession or a trade, and to argue that those who happen to have been in the locality for some little time should in con- sequence have the field to themselves, and that a sort of monopoly should be created in their favour and the door shut against others. The honourable member who has just sat down said be defended the reten- tion of this clause ou three grounds. First of all, he said, it would decrease litigation. If you took away all the lawyers from a place
am afraid it would not stop litigation. One more solicitor in a place or one less will not lessen or materially affect the litigation in that place, provided the inhabitants of that particular district are bent upon litigation. Some people, it will be within the knowledge of this Council, are particularly foud of litigation, and I am sure one or two more solicitors in the As to the vested colony would not increase it. interests of existing solicitors being affected, vested interests are totally at variance with the idea of free trade in England and equal oppor- tunities to all-not only to the Queen's subjects but to foreigners. (Hear, hear.) As to our any trade being cheated by unscrupulous men in or profession, we have to use our common sense, as for instance when we ask advice of a doctor, a solicitor, or an architect. The law cannot lika an old grandmother provide all this for grown-up men. (Hear, hear.) The honourable member who has just sat down seemed to think he had given us a good example in favour of the retention of the clause. He gave the I think everybody who
case of Mr. Webber. was in the colony during Mr. Webber's time knows that he came out as a solicitor clerk to Mr. Evens. He was with Mr. Ewens for more than a year-I believe it was two years—after that he came out and got himself admitted as a solicitor practising in the colony on his own account, and it was only after he left Mr. Ewens's office that these scandals came out. Supposing a man in the same way were to come into the colony, serve his time with a solicitor, and then, sup- posing clause 21 were retained, set up for him- self, what protection should we get? I think the example mentioned by the honourable gentleman served to show how imperfect the protection
would be if the clause were retained. (Hear, hear.) For the broad reason of fair play I am against the retention of this clause. The honourable member quoted
n lot of other colonies which have a clause of this kind in operation. He mentioned Austra- lia, but Australia is different from Hongkong. Hongkong is a Crown colony, whereas the Aas. tralian colonies are mostly self-governing. Therefore the law in the Australian colonies
may be materially different from the law of England and may require a year or six months for a man to get accustomed to it; but in' this. colony we mostly adopt the law of England as our law, and our local ordinances are not very voluminous.
A man can easily get hold of them in a very short time. For these reasonS I support the deletion of the clause and when in the law Committee supported the proposal to strike it out.
The Hon. E. R. BELILIOS-With your por mission there is one point I mɩy as well answer. My honourable friend: referred to solicitors who had served their time in a solicitor's firm hərə
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