LEGAL PRACTITIONERS (AMENDMENT) ORDINANCE 1998

A BILL
TO

An Ordinance to amend the Legal Practitioners Ordinance.

[ ]

Enacted by the Provisional Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Legal Practitioners (Amendment) Ordinance 1998.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Justice by notice in the Gazette.

2. Long title amended

The long title to the Legal Practitioners Ordinance (Cap. 159) is amended by repealing "and of notaries public" and substituting "the appointment and registration of notaries public".

3. Part substituted

Part IV of the Legal Practitioners Ordinance (Cap. 159) is repealed and the following substituted---

"PART IV
Notaries Public

40A. Qualifications for appointment

(1) The Chief Justice may appoint as a notary public in Hong Kong a person whom he considers to be a fit and proper person to be a notary public and who---

satisfies the following requirements---
1. his name has been on the roll of solicitors continuously for the whole of the period of 7 years immediately before the date of his application for appointment;
2. he has practised as a solicitor for a period or periods in aggregate of not less than 7 years;
3. he has, within the period of 1 year ending on the date of his application for appointment, passed any examination prescribed by the Council of the Society of Notaries under section 73D; and
has complied with any requirements prescribed by the Council of the Society of Notaries under section 73D with respect to persons applying for appointment as a notary public.

(2) The Chief Justice may designate a judge of the Court to exercise the powers conferred on him under subsection (1) to appoint a notary public.

(3) For the purposes of subsection (1)(a)(i), a person applying for appointment as a notary public who has, at any time within the period of 7 years ending on the date of his application for appointment, been suspended from practice as a solicitor under section 10(2)(b) shall be regarded as not having been on the roll of solicitors during the whole of the period of that suspension.

(4) The Chief Justice may, upon application being made to him under this subsection, specify in a particular case a period for the purposes of subsection (1)(a)(iii) other than the period specified in that subparagraph.

(5) The Chief Justice may make rules prescribing the manner of appointment as a notary public under this section.

40B. Powers of notaries public

(1) Every notary public, whether a notary public by virtue of registration under this Part as in force immediately before the commencement of the Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998) or a notary public appointed under this Part on or after that commencement, has all the powers which immediately before that commencement were exercisable by a notary public under the law of Hong Kong.

(2) Without affecting the generality of subsection (1), the reference to powers in that subsection includes a reference to---

the power to attest, authenticate or certify the due execution of documents;
the power to note or protest bills of exchange and to attest, by an act of honour, payment of bills of exchange for honour supra protest;
the power to administer oaths, affirmations or declarations.

(3) Subsection (1) shall not be construed as affecting---

any power which is for the time being conferred (either exclusively or inter alia) by or under the law of a country or territory outside Hong Kong on notaries outside the jurisdiction of that country or territory;
any power which is for the time being conferred on notaries by the law of nations or which is so conferred by the law of a community, association or group of states established by or formed pursuant to a treaty, convention or other international agreement.

(4) Where a power described in subsection (3)(a) or (b) is conferred by or under a law so described on notaries of 1 or more specified classes or descriptions, subsection (3) shall be construed and have effect in accordance with that law.

(5) (a) In subsection (1) "power" (權力) includes functions and duties and that subsection shall be construed and have effect accordingly.

(b) The references in subsection (3)(a) to a country shall be construed as including references to part of a country.

40C. Register of notaries public

(1) The Registrar shall continue to keep a register of notaries public and shall have the custody of the register and of all documents relating to the register and shall allow any person to inspect the register during office hours without payment.

(2) The Registrar, upon production of a certificate of appointment signed by the Chief Justice and upon payment to the Registrar and to the Society of Notaries of any fees prescribed by the Chief Justice, shall enter on the register of notaries public the name of the person appointed.

(3) The Chief Justice may, if he thinks fit, at any time order the Registrar to replace on the register of notaries public the name of a notary public whose name has been removed from or struck off the register of notaries public.

40D. Qualifications for practising as notary public

(1) No person shall be qualified to practise as a notary public unless---

his name is for the time being on the register of notaries public;
his name is for the time being on the roll of solicitors;
he is not suspended from practising as a notary public or as a solicitor;
except as provided in subsection (2), he is a person who holds a current practising certificate as a notary public; and
he is complying with any indemnity rules made by the Council of the Society of Notaries under section 73E or is exempt from complying with them.

(2) The requirement imposed by subsection (1)(d) does not apply in the case of a person who holds a current practising certificate as a solicitor issued by the Law Society and a current certificate of membership issued by the Society of Notaries.

40E. Practising certificate---notaries public

(1) On application in writing by a notary public in the month of November in any year, but subject to subsections (2) to (6), the Society of Notaries shall issue to the applicant a practising certificate as a notary public for the period of one calendar year from 1 January next following the date of the application.

(2) Any application under subsection (1) shall be in a form approved by the Council of the Society of Notaries and shall be accompanied by payment of any fee prescribed by the Council for the issue of a practising certificate.

(3) A practising certificate issued under subsection (1) shall be in a form prescribed by the Council of the Society of Notaries.

(4) A practising certificate shall not be issued under subsection (1) unless the applicant has, where necessary, complied with any indemnity rules made by the Council of the Society of Notaries under section 73E or is exempt from them and has paid to the Society of Notaries the membership subscription in respect of the year for which the practising certificate is to be issued.

(5) Despite subsection (1), the Society of Notaries may, upon such conditions as it thinks fit, permit an application for a practising certificate to be made under this subsection at any time and upon such application may issue to the applicant a practising certificate for any period not exceeding one calendar year and ending on 31 December in the year in which it is issued.

(6) Despite subsection (1), the Society of Notaries may---

refuse to issue a practising certificate on grounds prescribed by the Chief Justice;
issue a practising certificate to an applicant subject to conditions prescribed by the Chief Justice;
amend an already issued certificate by adding conditions prescribed by the Chief Justice.

(7) Where the Society of Notaries considers that a notary public has not complied with conditions imposed under subsection (6) it may, after affording the notary public the opportunity to make representations, suspend or cancel the notary public's practising certificate with or without refunding any fee paid in respect of the practising certificate.

(8) Where the name of a notary public is removed from or struck off the register of notaries public or where a notary public becomes bankrupt, the practising certificate of that notary public shall automatically determine and in any such case no part of the fee paid in respect of the practising certificate shall be repayable.

(9) The publication in the Gazette by the Society of Notaries of notice containing a list of the names and addresses of those notaries public who have obtained practising certificates for the period stated in the notice shall, until the contrary is proved, be evidence that each person whose name appears in the list is a person qualified under section 40D to act as a notary public and to whom a practising certificate for the period stated in the notice has been issued under this section; and the absence from any such list of the name of any person shall, until the contrary is proved, be evidence that such person is not so qualified.

(10) Where the Society of Notaries, in the exercise of the powers conferred on it under subsection (6) or (7), refuses to issue a practising certificate, issues a certificate subject to conditions, amends a certificate by adding conditions or suspends or cancels a certificate, the notary public may appeal to the Chief Justice against the decision of the Society of Notaries within 1 month of being notified of it.

(11) On an appeal to the Chief Justice under subsection (10), he may---

affirm the decision of the Society of Notaries; or
direct the Society of Notaries to---
1. issue a practising certificate to the applicant free from conditions or, if any conditions have been prescribed for the purposes of subsection (6)(b), subject to such of those conditions as he thinks fit;
2. remove any conditions added to a practising certificate under subsection (6)(c); or
3. revoke any suspension or cancellation of a practising certificate effected under subsection (7).

40F. Discipline of notaries public

(1) A notary public shall be liable to be disciplined under this Part if---

he has engaged in fraudulent conduct in pursuit of his notarial work;
he has engaged in conduct, whether in pursuit of his notarial work or otherwise, which is prejudicial to the administration of justice, or which is dishonest or otherwise discreditable to a notary public, or which is likely to bring the profession of notary public into disrepute;
not being exempt from the requirement to comply with a rule made by the Society of Notaries under section 73E, he has failed to comply with that rule; or
he has become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6).

(2) A notary public who is so incapacitated by physical or mental illness as to be unable to carry out notarial work shall be liable to be dealt with under this Part in the same manner as if he was liable to be disciplined under this Part, and for the purposes of any proceedings under this Part in relation to such a person references in this Part to the person's conduct shall be read as references to his state of physical or mental health.

40G. Notaries Public Disciplinary Tribunal Panel

(1) The Chief Justice shall appoint a Notaries Public Disciplinary Tribunal Panel consisting of---

no fewer than 10 and no more than 20 practising notaries public of at least 5 years' standing; and
no fewer than 5 and no more than 10 lay persons who are not, in the opinion of the Chief Justice, connected in any way with practice as a notary public or the practice of law.

(2) A member of the Council of the Society of Notaries is not eligible to be appointed to or remain on the Panel.

(3) A person appointed to the Panel shall be appointed for a term specified by the Chief Justice not to exceed 5 years but may be reappointed for a further term or terms.

(4) The Chief Justice shall appoint one of the notaries public on the Panel as the Tribunal Convenor for a 3 year term and he may appoint one or more of the other notaries public on the Panel as a Deputy Tribunal Convenor for a 3 year term.

(5) A Deputy Tribunal Convenor designated by the Tribunal Convenor or the Chief Justice may act in place of the Tribunal Convenor whenever the Tribunal Convenor is prevented from exercising the Tribunal Convenor's functions under this Ordinance because of illness, absence from Hong Kong or any other cause, or if there is or is likely to be any conflict of interest on the part of the Tribunal Convenor.

40H. Complaint about conduct of notaries public

(1) Where the Council of the Society of Notaries considers as a result of a complaint being made to it or otherwise that a person who is, or was at the relevant time, a notary public may be liable to be disciplined under this Part it shall submit the matter to the Tribunal Convenor for the purpose of constituting a Notaries Public Disciplinary Tribunal to inquire into the conduct of the person.

(2) Where a complaint is made to the Council of the Society of Notaries and the Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Justice may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Council ought to have done so.

(3) A matter submitted to the Tribunal Convenor shall include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct.

40I. Notaries Public Disciplinary Tribunal

(1) On receiving a submission under section 40H, the Tribunal Convenor shall appoint from the Panel 2 notaries public and one lay person.

(2) The persons so appointed constitute a Notaries Public Disciplinary Tribunal to inquire into the conduct of the notary public concerned.

(3) When constituting a Notaries Public Disciplinary Tribunal, the Tribunal Convenor shall also appoint one of its members as chairman of the Tribunal.

(4) A Notaries Public Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of---

giving directions or making orders for the conduct of any inquiry being held under section 40J;
announcing the findings of the Tribunal with respect to the inquiry.

(5) A member of the Tribunal who becomes a member of the Council of the Society of Notaries ceases to be a member of the Tribunal.

(6) A Notaries Public Disciplinary Tribunal shall sit at such places and at such times as the chairman of the Tribunal directs.

(7) A Notaries Public Disciplinary Tribunal shall hold its proceedings in camera, except when the notary public whose conduct is being inquired into requests that the proceedings be open to the public.

40J. Powers of a Notaries Public Disciplinary Tribunal

(1) A Notaries Public Disciplinary Tribunal shall have power to inquire into the conduct of any person in respect of which it was constituted.

(2) On completion of its inquiry, a Notaries Public Disciplinary Tribunal shall have power to make such order as it thinks fit and any such order may, in particular, include provision for all or any of the following matters---

striking off the register of notaries public the name of the notary public to whom the inquiry relates;
suspending that notary public from practice for such period as the Notaries Public Disciplinary Tribunal thinks fit;
permitting the notary public to continue practice, but subject to conditions which may be imposed for up to 3 years;
payment by that notary public to the complainant of an amount not exceeding the amount paid or payable to the notary public in relation to the complainant's matters in dispute;
payment by that notary public to a fund established under rules prescribed under section 73E of an amount not greater than an amount paid out of the fund in respect of that notary public;
payment by that notary public of a penalty not exceeding $500,000 which shall be paid into the general revenue;
censure of that notary public;
payment by any party of the costs of and incidental to the proceedings of the Tribunal and the costs of any prior inquiry or investigation in relation to the matters before the Tribunal, to be taxed by a Master of the High Court on a full indemnity basis, or payment of any amount that the Tribunal considers is a reasonable contribution towards those costs.

(3) Every order made under subsection (2) shall be filed with the Secretary of the Society of Notaries and shall be available for inspection by any person affected during such hours as the Council of the Society of Notaries may prescribe, and a signed copy of every order shall be filed with the Secretary General of the Law Society within 14 days of its being made.

(4) An order that may be made under subsection (2) may also be made in respect of a person who was, at the relevant time, a notary public.

40K. Ancillary powers of a Notaries Public Disciplinary Tribunal

(1) For the purpose of conducting any inquiry under section 40J, a Notaries Public Disciplinary Tribunal shall have all such powers as are vested in the Court or in any judge in the course of any action or suit in respect of the following matters---

enforcing the attendance of witnesses and examining them upon oath or otherwise;
compelling the production of documents;
punishing persons guilty of contempt;
ordering an inspection of any property;
conducting the examination of witnesses; and
adjourning any meeting from time to time and from one place to another,

and a summons under the hand of the chairman of a Tribunal may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for compelling the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers shall be signed by the chairman of the Tribunal but shall not authorize the imprisonment of any offender for a period exceeding 1 month.

(2) The Commissioner of Police and all police officers, the Commissioner of Correctional Services and all officers of the Correctional Services Department and all officers and bailiffs of the court are required to give their utmost assistance to every Notaries Public Disciplinary Tribunal and to every chairman of such Tribunal in the enforcement of the exercise of any power vested in the Tribunal or chairman, whether conferred by subsection (1) or otherwise.

(3) Every member of a Notaries Public Disciplinary Tribunal shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.

(4) All proceedings of a Notaries Public Disciplinary Tribunal shall be privileged.

(5) A Notaries Public Disciplinary Tribunal constituted to inquire into the conduct of a person may inquire into other conduct of the person, but only if---

the person has been given reasonable notice and adequate particulars of that other conduct; and
the Tribunal is satisfied that that other conduct is related to the first-mentioned conduct.

(6) The power conferred by subsection (5) is exercisable only on the application of---

the Council of the Society of Notaries in the case of a matter submitted to the Tribunal Convenor under section 40H(1); or
the Chief Justice in the case of a matter submitted to the Tribunal Convenor under section 40H(2).

(7) Notice is not reasonable for the purposes of subsection (5) if it is less than 7 days.

40L. Findings of a Notaries Public Disciplinary Tribunal

(1) An order made by a Notaries Public Disciplinary Tribunal under section 40J(2) shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman of the Tribunal or by a member authorized by the Tribunal.

(2) A signed copy of an order of a Tribunal in relation to a notary public shall be filed with the Registrar who shall enter a note of the order on the register of notaries public in connection with the name of the notary public and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after a copy of the order is so filed.

(3) The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made under section 40J(2), order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate.

(4) An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing.

(5) On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of a date on which the application will be heard by a Tribunal.

(6) Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman of the Tribunal or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order.

(7) No order under subsection (6) shall be enforced until after the 14 days referred to in subsection (4) have elapsed or until after the Tribunal has made its decision under subsection (3).

40M. Appeal and saving

(1) Subject to subsection (2), an appeal shall lie to the Court of Appeal against any order made by a Notaries Public Disciplinary Tribunal and the provisions of Order 59 of the Rules of the Supreme Court (Cap. 4 sub. leg.) shall apply to every such appeal save that the time for serving notice of motion of appeal shall be 21 days from the date of the decision and not 6 weeks as provided in that Order and the decision of the Court of Appeal on any such appeal shall be final.

(2) Subsection (1) does not apply in relation to any decision of the Tribunal on an application under section 40L(4).

(3) In any appeal under subsection (1) the Society of Notaries shall be the respondent.

(4) The hearing of every appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal may otherwise direct.

40N. Winding-up, etc. of business of notaries public struck off or suspended

(1) The Court may make an order for the winding-up of the business of any notary public who is struck off the register of notaries public in such terms and appointing such solicitor or firm of solicitors with notarial practice or the Official Receiver under the Bankruptcy Ordinance (Cap. 6) or both as it thinks fit for that purpose.

(2) The Court may make an order appointing any solicitor or firm of solicitors with notarial practice or the Official Receiver or both to manage the business of any notary public whose practising certificate is suspended, for the duration of the suspension.

40O. Removal from register at request of notary public

(1) Upon reasonable cause being shown to the Council of the Society of Notaries by a notary public, the Council may direct the Registrar to remove the name of such notary public from the register of notaries public and the Registrar shall remove such name from the register of notaries public.

(2) With effect from the date of removal of a name under this section, the person whose name is so removed shall cease to be a notary public.

40P. Automatic striking-off or suspension of notary public

(1) Where the name of a solicitor who is also a notary public is struck off the roll of solicitors by the Registrar under section 12(2) pursuant to an order made by the Solicitors Disciplinary Tribunal under section 10(2)(a), the Registrar shall as soon as practicable after that strike off the register of notaries public the name of that person and shall publish a notice of this fact in the Gazette within 14 days after the striking off the register of notaries public.

(2) (a) Where a solicitor who is also a notary public is suspended from practice as a solicitor for a period by order of a Solicitors Disciplinary Tribunal under section 10(2)(b), the notary public shall be deemed to be suspended from practice as a notary public for the same period.

(b) Where in relation to such a solicitor who is also a notary public a signed copy of the order of the Solicitors Disciplinary Tribunal is filed with the Registrar under section 12(2), the Registrar shall as soon as is practicable after entering a note of the order on the roll of solicitors, enter a note on the register of notaries public of the period of suspension having effect by virtue of paragraph (a); and where the Registrar is directed by the order made by the Solicitors Disciplinary Tribunal to publish the order for suspension of the solicitor in the Gazette he shall also publish in the Gazette a notice of the suspension having effect by virtue of paragraph (a).

(3) (a) If in relation to a solicitor who is also a notary public and whose name has been struck off the roll of solicitors as provided in subsection (1), an order is made by the Court of Appeal in proceedings under section 13 that the solicitor's name be restored to the roll of solicitors by the Registrar then, subject to any order made in respect of the notary public under section 40J(2), the Registrar shall as soon as is practicable after that restore the name of the notary public to the register of notaries public.

(b) If in relation to a solicitor who is also a notary public and who has been suspended from practice as a solicitor as provided in subsection (2), an order is made by the Court of Appeal in proceedings under section 13 that the suspension be set aside, any suspension of that person from practice as a notary public having effect by virtue of subsection (2)(a) shall cease to have effect, and the Registrar shall enter an appropriate note on the register of notaries public accordingly.

40Q. Society of Notaries' general right of audience

The Society of Notaries shall have a general right of audience by any of its members appointed by it for that purpose, or by any solicitor or counsel, before---

a Notaries Public Disciplinary Tribunal; and
the Court on the hearing of any matter under this Ordinance that affects notaries public,

and in any such case, whether the Society of Notaries has or is seeking audience or not, it shall be served with a copy of every necessary document filed with the Registrar.

40R. Expenses of Notaries Public Disciplinary Tribunal and of Society of Notaries

(1) The expenses incurred by---

a Notaries Public Disciplinary Tribunal; and
the Society of Notaries, in connection with proceedings before a Notaries Public Disciplinary Tribunal and any appeal under section 40M,

may be paid to the Society of Notaries out of general revenue upon a certificate issued by the Secretary for Justice.

(2) The Secretary for Justice shall only issue a certificate under subsection (1) if he is satisfied that---

the expenses were necessarily incurred by the Notaries Public Disciplinary Tribunal or the Society of Notaries, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;
the amount of such expenses is reasonable; and
the expenses could not reasonably be recovered from the person whose conduct is the subject of the proceedings before the Notaries Public Disciplinary Tribunal or the Court of Appeal, as the case may be.

(3) In this section, "expenses" (開支) includes witnesses' expenses and fees, counsel's fees, solicitor's fees, auditor's fees and other charges and disbursements.

40S. Statutory provisions to prevail over Society of Notaries' articles

In the case of any inconsistency between the provisions of this Ordinance and the Memorandum and Articles of Association of the Society of Notaries, the provisions of this Ordinance shall prevail.

40T. Transitional arrangements

(1) In this section, "amendment Ordinance" means the Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998).

(2) Unless the context otherwise requires, reference in this or any other Ordinance---

to a notary public includes reference to a person who is a notary public by virtue of registration under this Part as in force immediately before the commencement of the amendment Ordinance;
to the register of notaries public includes reference to the register kept under this Part as in force immediately before the commencement of the amendment Ordinance;
to any order made under this Part includes reference to an order made under this Part as in force immediately before the commencement of the amendment Ordinance.".

4. Sections added

"73D. Power of Council of Society of Notaries to make rules

(1) The Council of the Society of Notaries may make rules---

providing for---
1. the requirements to be complied with by persons applying for appointment as a notary public under section 40A;
2. the professional practice, conduct and discipline of notaries public and their employees;
3. the restriction of payment of commission to unqualified persons; and
4. for the purpose of harmonizing the relationship of notaries inter se and, with the prior approval of the Bar Council and the Council of the Law Society, as the case may be, governing the relationship of notaries public and solicitors and barristers respectively;
regulating the issue to notaries public of practising certificates and the fees payable for, the conditions of issue of, the manner of applying for, the period and form of, the publication of the issue and the suspension of such practising certificates and generally in relation to practising certificates;
providing for the conduct of any inquiry by a Notaries Public Disciplinary Tribunal;
respecting the examinations to be passed by persons applying for appointment as notaries public under section 40A and the fees payable to the Council of the Society of Notaries in connection with such examinations;
enabling the Council of the Society of Notaries to exempt any person from compliance with the provisions of any such rules and to impose and enforce conditions upon which such exemption may be granted in any particular case;
prescribing any thing which, under this Ordinance, is to be or may be prescribed by the Council of the Society of Notaries.

(2) Without limiting the effect of subsection (1)(a)(ii), rules made under that paragraph may provide---

for the circumstances in which employees of notaries public shall be liable to be disciplined;
for the bringing of disciplinary proceedings against employees of notaries public; and
for the sanctions that may be imposed in respect of breaches of discipline by employees of notaries public,

and such rules may provide that any provision of Part IV dealing with the discipline of notaries public (including the appointment of members of the Notaries Public Disciplinary Tribunal Panel to constitute a Notaries Public Disciplinary Tribunal to inquire into the conduct of a notary public) shall apply in relation to employees of notaries public.

(3) Every rule made by the Council of the Society of Notaries under this section shall be subject to the prior approval of the Chief Justice.

73E. Indemnity rules for notaries public

(1) The Council of the Society of Notaries may make rules concerning indemnity against loss arising from claims in respect of any description of civil liability incurred---

by a notary public or former notary public in connection with his practice; or
by an employee or a former employee of a notary public or former notary public in connection with that notary public's practice.

(2) For the purpose of providing such indemnity, rules made under this section---

may authorize or require the Society of Notaries, by itself or jointly with the Law Society, to establish and maintain a fund or funds;
may authorize or require the Society of Notaries, by itself or jointly with the Law Society, to take out and maintain insurance with authorized insurers;
may require notaries public or any specified class of notaries public to take out and maintain insurance with authorized insurers.

(3) Without prejudice to the generality of subsections (1) and (2), rules made under this section---

may specify the terms and conditions on which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified;
may provide for the management, administration and protection of any fund maintained by virtue of subsection (2)(a) and require notaries public or any class of notaries public to make payments to any such fund;
may require notaries public or any class of notaries public to make payments by way of premium on any insurance policy maintained by the Society of Notaries by virtue of subsection (2)(b);
may prescribe the conditions which an insurance policy must satisfy for the purposes of subsection (2)(c);
may authorize the Society of Notaries to determine the amount of any payments required by the rules, subject to such limits, or in accordance with such provisions, as may be prescribed by the rules;
may specify circumstances in which, where a notary public (not being a notary public who is exempt from complying with the rules) for whom indemnity is provided has failed to comply with the rules, the Society of Notaries or insurers may take proceedings against him in respect of sums paid by way of indemnity in connection with a matter in relation to which he has failed to comply;
may specify circumstances in which notaries public are exempt from the rules made under this section;
may empower the Council of the Society of Notaries to take such steps as they consider necessary or expedient to ascertain whether or not the rules are being complied with; and
may contain incidental, procedural or supplementary provisions.

(4)The Society of Notaries shall have power, without prejudice to any of its other powers, to carry into effect any arrangements which it considers necessary or expedient for the purpose of indemnity under this section.

(5)Every rule made by the Council of the Society of Notaries under this section shall be subject to the prior approval of the Chief Justice.

73F. Council of Society of Notaries may delegate

The Council of the Society of Notaries may delegate to any person or to a committee of the Council of the Society of Notaries any of the powers or duties granted or imposed on the Society of Notaries or its Council under this Ordinance, other than the power to make rules under sections 73D and 73E.".

5. Miscellaneous amendments of the Ordinance

(1) Section 2(1) is amended---

in the definition of "Council", by adding ", in relation to the Law Society," after "means";
in the definition of "practising certificate"---
1. in paragraph (a), by repealing "and";
2. in paragraph (b), by adding "and" at the end;
3. by adding---
in the definition of "register of notaries public", by repealing "section 41" and substituting "section 40C";
in the definition of "Society", by repealing "(律師會) means" and substituting "and "Law Society" (律師會) mean";
by adding---

(2) Section 12 is amended by adding---

"(9) A signed copy of every order made by a Tribunal under section 10 shall be filed with the Secretary of the Society of Notaries within 14 days after it is made by the Tribunal.".

(3) Section 44 is amended---

by renumbering it as subsection (1);
by adding---

"(2) Nothing in this section shall be construed as affecting any provision of the Consular Relations Ordinance (Cap. 259).".

(4) Section 72(a) is amended---

by repealing "registration" where it first appears and substituting "appointment";
in subparagraphs (iii) and (iv), by repealing "registration under section 40" and substituting "appointment under section 40A";
in subparagraph (iv) by repealing "or registration" and substituting "or appointment";
in subparagraphs (v) and (vii), by repealing "registrations" and substituting "appointments".

(5) Section 73A(2) is amended in paragraphs (a) and (b) by adding ", by itself or jointly with the Society of Notaries," after "Society".

6. Saving

(1) Nothing in this Ordinance affects the rights of any person who immediately before the commencement of sections 3 and 4 of this Ordinance was a notary public by virtue of registration on the register of notaries public under Part IV of the Ordinance as then in force to practise as a notary public on and after that commencement and, subject to any order or entry on the register as is referred to in subsection (2), such person may continue to practise as a notary public in the same manner as if he had been appointed as a notary public, and was registered on the register of notaries public, under Part IV of the Ordinance as in force on and after that commencement.

(2) Nothing in this Ordinance affects the force and effect of any order of the Chief Justice or the Court, or any entry on the register of notaries public, made under Part IV of the Ordinance as in force immediately before the commencement of sections 3 and 4 of this Ordinance, and such orders and entries shall continue to be given effect on and after that commencement in the same manner as if made by the appropriate authority or on the register of notaries public, as the case may be, under Part IV of the Ordinance on or after that commencement.

7. Amendments consequent on amendments to the Bankruptcy Ordinance (Cap. 6)

(1) Section 6(7) is amended by repealing "receiving order in bankruptcy is in force against him" and substituting "solicitor becomes bankrupt".

(2) Section 23 is amended by repealing "or executes a trust deed for the benefit of his creditors under any law relating to bankruptcy".

(3) Section 26A(1)(d) is amended by repealing "been adjudged bankrupt or has made a composition or arrangement with his creditors" and substituting---

"become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6)".

(4) Section 39A(3) is amended by repealing "receiving order in bankruptcy under the Bankruptcy Ordinance (Cap. 6) is in force against a foreign lawyer" and substituting "foreign lawyer becomes bankrupt".

(5) Section 53(1)(a) is amended by repealing "a receiving order in bankruptcy being in force against him" and substituting "having become bankrupt".

(6) Section 64(1)(c) is amended by repealing "composition" and substituting "voluntary arrangement with creditors within the meaning of the Bankruptcy Ordinance (Cap. 6)".

(7) Section 66(1) is amended in the proviso by repealing "compound with his creditors" and substituting "enter into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6)".

Consequential Amendments
Oaths and Declarations Ordinance

8. Interpretation

Section 2 of the Oaths and Declarations Ordinance (Cap. 11) is amended by repealing the definition of "notary" and substituting---

""notary" (公證人) has the same meaning as "notary public" in section 2(1) of the Legal Practitioners Ordinance (Cap. 159);".

Admission and Registration Rules

9. Repeals

Rules 11 and 12 of, and Form 9 in the Schedule to, the Admission and Registration Rules (Cap. 159 sub. leg.) are repealed, but nothing in this section shall be construed as preventing the Registrar of the High Court from maintaining the register of notaries public, either wholly or partly, in the form provided for in that rule 12 and Form 9.

Legal Practitioners (Fees) Rules

10. Repeal

Item 5 of Schedule 1 to the Legal Practitioners (Fees) Rules (Cap. 159 sub. leg.) is repealed.

Merchant Shipping (Registration) Ordinance

11. Mode of making declarations

Section 84 of the Merchant Shipping (Registration) Ordinance (Cap. 415) is amended---

by repealing "法律公證人" wherever it appears and substituting "公證人";
in subsection (2)(b), by repealing "duly registered by the Registrar of the Supreme Court under section 40" and substituting "as defined in section 2(1)".