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

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 under section 12(2), the striking off of the name of the solicitor from the roll of solicitors is set aside in the final determination of any appeal under section 13, then, subject to any order made in respect of the notary public under section 40J(2), the Registrar must, as soon as is practicable after that determination, 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 under section 10(2)(b), the solicitor’s suspension from practice as a solicitor is set aside in the final determination of any appeal under section 13, 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. (Amended 26 of 2012 s. 8)

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

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) a Notaries Public Disciplinary Tribunal; and
(b) 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) a Notaries Public Disciplinary Tribunal; and
(b) the Society of Notaries, in connection with proceedings before a Notaries Public Disciplinary Tribunal, the Court of Appeal and the Court of Final Appeal, 
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—
(a) 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;
(b) the amount of such expenses is reasonable; and
(c) the expenses could not reasonably be recovered from the person whose conduct is the subject of the proceedings before the Notaries Public Disciplinary Tribunal, the Court of Appeal or the Court of Final 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.
(Amended 26 of 2012 s. 5)

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

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

44. Penalty for unlawfully practising as a barrister or notary public
(1) Any person who— (Amended 27 of 1998 s. 5) 
(a) not being a qualified barrister, either directly or indirectly, practises or acts as a barrister; 
(b) not being a qualified notary public, either directly or indirectly, practises or acts as a notary public, 
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 s. 33)
(2) Nothing in this section shall be construed as affecting any provision of the Consular Relations Ordinance (Cap. 259). (Added 27 of 1998 s. 5)

45. Unqualified person not to act as solicitor
(1) A person who, by virtue of section 7, is not qualified to act as a solicitor shall not act as a solicitor, or as such sue out any writ or process, or commence, carry on or defend any action, suit or other proceeding, in the name of any other person or in his own name, in any court of civil or criminal jurisdiction or act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any court or magistrate. (Amended 46 of 1989 s. 12; 47 of 1997 s. 10) 
(2) Any person who contravenes the provisions of this section shall—
(a) be guilty of contempt of the court in which the action, suit, cause, matter or proceeding in relation to which he so acts is brought or taken and may be punished accordingly; 
(b) be incapable of maintaining any action for any costs in respect of anything done by him in the course of so acting; and (Amended 60 of 1994 s. 34) 
(c) be guilty of an offence and shall be liable on summary conviction to a fine of $500,000 and to imprisonment for 2 years. (Amended 46 of 1989 s. 11; 60 of 1994 ss. 33 & 34; E.R. 2 of 2019) 
(d) (Repealed 60 of 1994 s. 34) (3) (Repealed 60 of 1994 s. 34) [cf. 1957 c. 27 s. 18 U.K.]