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

45A. Person not having higher rights of audience in respect of certain class of proceedings not to exercise those rights as solicitor
If a person who does not have higher rights of audience in respect of a class of proceedings under Part IIIB purports to exercise those rights in respect of proceedings of that class as a solicitor—
(a) the person is guilty of contempt of the court before which the person purports to exercise those rights as a solicitor;
(b) any costs in respect of anything done by the person in purported exercise of those rights as a solicitor are not recoverable by any person; and
(c) the person commits an offence and is liable on conviction to a fine of $500,000.
(Added 2 of 2010 s. 5)

46. Penalty for pretending to be a solicitor, etc.
(1) Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as, a solicitor shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 11; 60 of 1994 ss. 33 & 35) [cf. 1957 c. 27 s. 19 U.K.]
(2) Any person who—
(a) not being an employee of a solicitor, a barrister or a foreign lawyer, wilfully pretends to be, or takes or uses any title, addition or description implying that he is, such an employee; 
(b) without the authority of a solicitor, a barrister, a foreign lawyer or a trainee solicitor, purports to act with such authority,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Added 60 of 1994 s. 35)

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

47. Unqualified person not to prepare certain instruments, etc.
(1) Any unqualified person, not being a barrister or a notary public, who, unless he proves that the act was not done for or in expectation of any fee, gain or reward, either directly or indirectly—
(a) draws or prepares any instrument relating to movable or immovable property or to any legal proceeding; or 
(b) draws or prepares any memorial or other document for the purposes of the Land Registration Ordinance (Cap. 128) or the New Territories Ordinance (Cap. 97) or makes any application or lodges any testimony for registration under either of those Ordinances at the Land Registry, (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)
shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 14)
(2) This section shall not extend to—
(a) any public officer drawing or preparing instruments in the course of his duty;
(b) any person employed merely to engross or copy any instrument or proceeding; or
(c) an unqualified person who, while acting in the course of bona fide employment and supervised by a qualified person, draws or prepares any instrument, memorial or other document in the name of the qualified person. (Added 60 of 1994 s. 36) 
(3) For the purposes of this section, instrument (文書) does not include—
(a) a will or other testamentary instrument; or 
(b) an agreement under hand only; or 
(c) a letter of power of attorney; or 
(d) a transfer of stock containing no trust or limitation thereof. 

(Amended 60 of 1994 s. 36)[cf. 1957 c. 27 s. 20 U.K.]

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

48. Unqualified person not to act in preparation of papers for probate, etc.
(1) Any unqualified person, not being a barrister or a notary public, who, either directly or as an agent of any person, whether or not that other person is a solicitor, barrister or notary public, takes instructions for or draws or prepares any paper on which to found or oppose a grant of probate or of letters of administration shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and, without prejudice to any other liability or disability to which he may be subject under this Ordinance or any other enactment, shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 14; 60 of 1994 s. 37) [cf. 1957 c.27 s. 21 U.K.]
(2) This section does not apply to—
(a) a public officer who in the course of his duty draws or prepares papers referred to in subsection (1); or
(b) an unqualified person who, while acting in the course of bona fide employment and supervised by a qualified person, draws or prepares papers referred to in subsection (1) in the name of the qualified person. (Added 60 of 1994 s. 37)

49. Solicitor not to act as agent for unqualified person
(1) No solicitor shall wilfully and knowingly—
(a) act as agent in any action or in any matter in bankruptcy for any unqualified person; or 
(b) permit his name to be made use of in any such action or matter upon the account or for the profit of any unqualified person; or 
(c) (Repealed 60 of 1994 s. 38) (d) do any other act enabling any unqualified person to appear, act or practise in any respect as a solicitor in any such action or matter. 
(2) Where it appears to a Solicitors Disciplinary Tribunal or to the Court that a solicitor has acted in contravention of this section, the Solicitors Disciplinary Tribunal or the Court shall order his name to be struck off the roll of solicitors. (Amended 61 of 1992 s. 6) 
(3) Where the Court orders the name of a solicitor to be struck off the roll in respect of an offence under this section, it may further order that the unqualified person who was enabled by the conduct of the offender to act or practise as a solicitor shall be imprisoned for any period not exceeding 1 year. 
[cf. 1957 c. 27 s. 34 U.K.]

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

50. No costs for unqualified person
No costs in respect of anything done by an unqualified person acting as a solicitor shall be recoverable in any action, suit or matter by any person whomsoever. 
[cf. 1957 c. 27 s. 23 U.K.]

50A. Recovery of moneys in certain cases
(1) Nothing in section 45(2)(b) or in section 50 prevents the recovery of moneys paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force, if those moneys would have been recoverable had the solicitor held such a certificate in force when so acting. (Amended L.N. 162 of 1993; 2 of 2010 s. 6)
(2) Nothing in section 45A(b) prevents the recovery of moneys paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor in purported exercise of any higher rights of audience as a solicitor while not having those rights under Part IIIB, if those moneys would have been recoverable had the solicitor had those rights under that Part. (Added 2 of 2010 s. 6)
(Added 25 of 1968 s. 12)[cf. 1965 c. 31 s. 7 U.K.]