### Legal Officers Ordinance 《律政人員條例》

1. Short title
This Ordinance may be cited as the Legal Officers Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
duly admitted (妥為認許) means duly approved, admitted and enrolled as a barrister or solicitor under the Legal Practitioners Ordinance (Cap. 159);
legal officer (律政人員) means an officer appointed to and serving in Hong Kong as a legal officer, or an officer lawfully performing the functions of any of the officers designated in Schedule 1; (Amended 11 of 1999 s. 3; 42 of 2000 s. 22)
public body (公共機構) includes any executive, legislative, municipal, or urban council, any Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body whether paid or unpaid appointed by the Chief Executive or the Government or which has power to act in a public capacity under or for the purposes of any enactment; (Amended 11 of 1999 s. 3)
public servant (公務員) means in addition to the meaning assigned to it by the Interpretation and General Clauses Ordinance (Cap. 1), any employee or member of a public body as defined in this Ordinance, whether temporary or permanent and whether paid or unpaid;
rights (權利) includes powers, privileges and discretions;
tribunal (審裁處) includes any council, committee, arbitrator, body or person before which a barrister or solicitor may lawfully appear.

2A. Appointment qualification
No person shall be appointed as a legal officer unless he has been admitted as a legal practitioner in Hong Kong, the United Kingdom or in a jurisdiction listed in Schedule 2.
(Added 47 of 1989 s. 2. Amended 42 of 2000 s. 23)

3. Rights and privileges of a legal officer
(1) Any legal officer shall in respect of any of the matters mentioned in section 4(1) have all the rights of barristers and solicitors duly admitted under the provisions of the Legal Practitioners Ordinance (Cap. 159).
(2) For the avoidance of doubt and without prejudice to the generality of subsection (1) a legal officer shall in respect of any of the matters mentioned in section 4(1) have a right of audience before any court or tribunal.
(3) Notification in the Gazette to the effect that a person has been appointed to or holds any of the offices designated in Schedule 1 or has relinquished or no longer holds any of the said offices, shall be sufficient proof of the facts therein stated. (Amended 42 of 2000 s. 24)

### Legal Officers Ordinance 《律政人員條例》

4. Matters in which legal officers may act
(1) The matters referred to in section 3(1) are—
(a) any matter which by virtue of any enactment in force in Hong Kong or under any law applicable to Hong Kong is entrusted to, or is within the discretion or control of or requires to be discharged by, the Secretary for Justice; (Amended 11 of 1999 s. 3)
(b) any matter in which the Government is interested; (Amended 11 of 1999 s. 3)
(c) any proceedings relating to surrender of fugitive offenders; (Amended 23 of 1997 s. 28(2))
(d) any matter which relates to the official acts or omissions of—
(i) the naval, military or air authorities; or
(ii) (Repealed 11 of 1999 s. 3)(iii) any public body or public servant.
(2) If in any case doubt should arise whether any matter is a matter mentioned in subsection (1) a certificate under the hand of the Secretary for Justice on the question shall be final and conclusive for all purposes.
(Amended L.N. 362 of 1997)

5. Rights of Secretary for Justice
All rights which were enjoyed by the then Attorney General immediately before 1 July 1997 in the courts of Hong Kong, except for those that are inconsistent with the Basic Law, shall on and after that date be exercisable by the Secretary for Justice.
(Replaced 11 of 1999 s. 3)

6. Rights and duties of Secretary for Justice in proceedings under Matrimonial Causes Ordinance
All rights and duties which were exercisable or dischargeable by the then Attorney General immediately before 1 July 1997 so far as regards any proceedings over which the courts of Hong Kong had jurisdiction by or by virtue of the Matrimonial Causes Ordinance (Cap. 179), except for those that are inconsistent with the Basic Law, shall on and after that date be exercisable or dischargeable by the Secretary for Justice.
(Replaced 11 of 1999 s. 3)

### Legal Officers Ordinance 《律政人員條例》

7. Secretary for Justice may authorize a legal officer to discharge duties vested or imposed on Secretary for Justice
(1) The Secretary for Justice may, subject to any special instructions of the Chief Executive, authorize any legal officer to exercise and discharge any of the rights and duties which the Secretary for Justice is by law or by any enactment to which this section applies entitled to exercise or required to discharge. (Amended L.N. 362 of 1997; 11 of 1999 s. 3)
(2) The enactments to which this section applies are—
(a) any enactment passed before the commencement of this Ordinance; and
(b) any enactment passed after the commencement of this Ordinance which does not expressly provide that this section shall not apply thereto.

9. Evidence of signature
Any certificate or document purporting to be given or made in the exercise or discharge of any of the rights and duties—
(a) which the Secretary for Justice is by law or any enactment entitled to exercise or discharge; or
(b) which any legal officer is authorized under section 7 to exercise or discharge,
shall be received as prima facie evidence in any proceeding without proof being given that the signature to such certificate or document is that of the Secretary for Justice or of such legal officer, as the case may be.
(Replaced 13 of 1979 s. 4. Amended L.N. 362 of 1997)

10. Fees and costs
(1)  The Chief Justice may make rules providing either generally or specially for the fees and costs of legal officers in contentious and non-contentious matters:
Provided that no such rules shall be binding until the same have been approved by resolution of the Legislative Council and have been published in the Gazette. 
(2) Any costs and fees received by a legal officer hereunder shall be paid into the general revenue. (Amended 11 of 1999 s. 3)

11. Power of the Chief Executive to amend Schedule 1
The Chief Executive may by order amend Schedule 1 in any manner consistent with the Appropriation Ordinance from time to time in force.
(Amended 11 of 1999 s. 3; 42 of 2000 s. 25)

12. Right to practise as barrister or solicitor after ceasing to be a legal officer unaffected by provisions of Ordinance
Nothing in this Ordinance contained shall—
(a) be deemed to confer upon a person who has not been duly admitted any right to practise as a barrister or solicitor after he has ceased to be a legal officer; or
(b) detract from the professional status of any legal officer or affect the right of any duly admitted person to practise as a barrister or solicitor as the case may be after he has ceased to be a legal officer.