### Legal Practitioners Ordinance 《法律執業者條例》

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—
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise;
(b) compelling the production of documents;
(c) punishing persons guilty of contempt;
(d) ordering an inspection of any property;
(e) conducting the examination of witnesses; and
(f) 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—
(a) the person has been given reasonable notice and adequate particulars of that other conduct; and
(b) 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—
(a) the Council of the Society of Notaries in the case of a matter submitted to the Tribunal Convenor under section 40H(1); or
(b) the Chief Judge in the case of a matter submitted to the Tribunal Convenor under section 40H(2). (Amended 23 of 2002 s. 121)
(7) Notice is not reasonable for the purposes of subsection (5) if it is less than 7 days.

### Legal Practitioners Ordinance 《法律執業者條例》

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).

### Legal Practitioners Ordinance 《法律執業者條例》

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 High Court (Cap. 4 sub. leg. A) 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 28 days as provided in that Order. (Amended 11 of 1999 s. 3; 10 of 2008 s. 33; 26 of 2012 s. 4)
(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.