Hong Kong Ordinances

OFFICIAL SOLICITOR ORDINANCE - SECT 2

Appointment of Official Solicitor

(Past version on 30/06/1997).

Amendments retroactively made-see 11 of 1999 s. 3

(1) The Chief Executive may appoint an Official Solicitor. (Amended 11 of 1999
s. 3)

(2) No person shall be appointed Official Solicitor unless he is qualified to
be admitted as a legal practitioner in Hong Kong, or is eligible for
appointment as a legal officer under section 2A of the Legal 
Officers Ordinance ( Cap 87).

(3) In performing any duty or exercising any power under this Ordinance, a
person holding appointment under subsection (1) has all the rights, powers,
privileges and duties of a person admitted as a legal practitioner in Hong
Kong.

(4) The Public Service (Administration) Order, and such Ordinances,
administrative rules and conditions of service as apply generally to public
officers apply to the Official Solicitor. (Amended 11 of 1999 s. 3)

(5) The expenses of the Official Solicitor shall be met from moneys provided
by the Legislative Council.

(6) If-

   (a)  the Official Solicitor is not available because of his absence or for
        some other reason; or

   (b)  the office of Official Solicitor is vacant, the Chief Executive may
        appoint a person to act as Official Solicitor during such
        unavailability or vacancy, and the person so appointed shall enjoy the
        powers and assume the duties of the Official Solicitor and may
        accordingly deal with any property vested in the Official Solicitor in
        all respects as if it were vested in him instead. (Amended 11 of 1999
        s. 3)

(7) Where a person holding the office of Official Solicitor dies or ceases to
hold office, any property held by him in his official capacity shall vest in
the person appointed to succeed him as Official Solicitor without any
conveyance, assignment or transfer.

(8) Notification in the Gazette that a person has been appointed to, or has
ceased to hold, office under subsection (1) shall be sufficient evidence of
the facts stated in the notice.

(9) In this section, "Public Service (Administration) Order" (《公務人員
(管理)命令》) means-

   (a)  the Public Service (Administration) Order 1997 (Executive Order No. 1
        of 1997);

   (b)  the Public Service (Disciplinary) Regulation made under section  21 of
        that Order (and together with that Order published as S.S. No. 5 to
        Gazette No. 2/1997); and

   (c)  any other regulation made or any direction given under that Order, as
        amended from time to time. (Added 11 of 1999 s. 3) (Enacted 1991)
        "Public Service (Administration) Order"
        (《公務人員(管理)命令》)