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

40A. Qualifications for appointment
(1) The Chief Judge 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— (Amended 23 of 2002 s. 121)
(a) satisfies the following requirements—
(i) 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;
(ii) he has practised as a solicitor for a period or periods in aggregate of not less than 7 years;
(iii) 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
(b) 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 Judge may designate a judge of the Court to exercise the powers conferred on him under subsection (1) to appoint a notary public. (Amended 23 of 2002 s. 121)
(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 Judge 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. (Amended 23 of 2002 s. 121)
(4A) The Chief Judge may designate a judge of the Court to exercise the powers conferred on him under subsection (4) to specify an alternative period for the purposes of subsection (1)(a)(iii) in a particular case. (Added 14 of 2003 s. 4)
(5) The Chief Justice may make rules prescribing the manner of appointment as a notary public under this section.

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

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—
(a) the power to attest, authenticate or certify the due execution of documents;
(b) 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;
(c) the power to administer oaths, affirmations or declarations.
(3) Subsection (1) shall not be construed as affecting—
(a) 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;
(b) 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.
Editorial Note:
* Commencement date: 30 June 2005.

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

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 Judge 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 Judge 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.
(Amended 23 of 2002 s. 121)

40D. Qualifications for practising as notary public
(1) No person shall be qualified to practise as a notary public unless—
(a) his name is for the time being on the register of notaries public;
(b) his name is for the time being on the roll of solicitors;
(c) he is not suspended from practising as a notary public or as a solicitor;
(d) except as provided in subsection (2), he is a person who holds a current practising certificate as a notary public; and
(e) 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.