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

40F. Discipline of notaries public
(1) A notary public shall be liable to be disciplined under this Part if—
(a) he has engaged in fraudulent conduct in pursuit of his notarial work;
(b) he has engaged in conduct, whether in pursuit of his notarial work or otherwise, which is prejudicial to the administration of justice, or which is dishonest or otherwise discreditable to a notary public, or which is likely to bring the profession of notary public into disrepute;
(c) not being exempt from the requirement to comply with a rule made by the Society of Notaries under section 73E, he has failed to comply with that rule; or
(d) he has become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6).
(2) A notary public who is so incapacitated by physical or mental illness as to be unable to carry out notarial work shall be liable to be dealt with under this Part in the same manner as if he was liable to be disciplined under this Part, and for the purposes of any proceedings under this Part in relation to such a person references in this Part to the person’s conduct shall be read as references to his state of physical or mental health.

40G. Notaries Public Disciplinary Tribunal Panel
(1) The Chief Justice shall appoint a Notaries Public Disciplinary Tribunal Panel consisting of—
(a) no fewer than 10 and no more than 20 practising notaries public of at least 5 years’ standing; and
(b) no fewer than 5 and no more than 10 lay persons who are not, in the opinion of the Chief Justice, connected in any way with practice as a notary public or the practice of law.
(2) A member of the Council of the Society of Notaries is not eligible to be appointed to or remain on the Panel.
(3) A person appointed to the Panel shall be appointed for a term specified by the Chief Justice not to exceed 5 years but may be reappointed for a further term or terms.
(4) The Chief Justice shall appoint one of the notaries public on the Panel as the Tribunal Convenor for a 3 year term and he may appoint one or more of the other notaries public on the Panel as a Deputy Tribunal Convenor for a 3 year term.
(5) A Deputy Tribunal Convenor designated by the Tribunal Convenor or the Chief Justice may act in place of the Tribunal Convenor whenever the Tribunal Convenor is prevented from exercising the Tribunal Convenor’s functions under this Ordinance because of illness, absence from Hong Kong or any other cause, or if there is or is likely to be any conflict of interest on the part of the Tribunal Convenor.

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

40H. Complaint about conduct of notaries public
(1) Where the Council of the Society of Notaries considers as a result of a complaint being made to it or otherwise that a person who is, or was at the relevant time, a notary public may be liable to be disciplined under this Part it shall submit the matter to the Tribunal Convenor for the purpose of constituting a Notaries Public Disciplinary Tribunal to inquire into the conduct of the person.
(2) Where a complaint is made to the Council of the Society of Notaries and the Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Council ought to have done so. (Amended 23 of 2002 s. 121)
(3) A matter submitted to the Tribunal Convenor shall include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct.

40I. Notaries Public Disciplinary Tribunal
(1) On receiving a submission under section 40H, the Tribunal Convenor shall appoint from the Panel 2 notaries public and one lay person.
(2) The persons so appointed constitute a Notaries Public Disciplinary Tribunal to inquire into the conduct of the notary public concerned.
(3) When constituting a Notaries Public Disciplinary Tribunal, the Tribunal Convenor shall also appoint one of its members as chairman of the Tribunal.
(4) A Notaries Public Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of—
(a) giving directions or making orders for the conduct of any inquiry being held under section 40J;
(b) announcing the findings of the Tribunal with respect to the inquiry.
(5) A member of the Tribunal who becomes a member of the Council of the Society of Notaries ceases to be a member of the Tribunal.
(6) A Notaries Public Disciplinary Tribunal shall sit at such places and at such times as the chairman of the Tribunal directs.
(7) A Notaries Public Disciplinary Tribunal shall hold its proceedings in camera, except when the notary public whose conduct is being inquired into requests that the proceedings be open to the public.

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

40J. Powers of a Notaries Public Disciplinary Tribunal
(1) A Notaries Public Disciplinary Tribunal shall have power to inquire into the conduct of any person in respect of which it was constituted.
(2) On completion of its inquiry, a Notaries Public Disciplinary Tribunal shall have power to make such order as it thinks fit and any such order may, in particular, include provision for all or any of the following matters—
(a) striking off the register of notaries public the name of the notary public to whom the inquiry relates;
(b) suspending that notary public from practice for such period as the Notaries Public Disciplinary Tribunal thinks fit;
(c) permitting the notary public to continue practice, but subject to conditions which may be imposed for up to 3 years;
(d) payment by that notary public to the complainant of an amount not exceeding the amount paid or payable to the notary public in relation to the complainant’s matters in dispute;
(e) payment by that notary public to a fund established under rules prescribed under section 73E of an amount not greater than an amount paid out of the fund in respect of that notary public;
(f) payment by that notary public of a penalty not exceeding $500,000 which shall be paid into the general revenue;
(g) censure of that notary public;
(h) payment by any party of the costs of and incidental to the proceedings of the Tribunal and the costs of any prior inquiry or investigation in relation to the matters before the Tribunal, to be taxed by a Master of the High Court on a full indemnity basis, or payment of any amount that the Tribunal considers is a reasonable contribution towards those costs.
(3) Every order made under subsection (2) shall be filed with the Secretary of the Society of Notaries and shall be available for inspection by any person affected during such hours as the Council of the Society of Notaries may prescribe, and a signed copy of every order shall be filed with the Secretary General of the Law Society within 14 days of its being made.
(4) An order that may be made under subsection (2) may also be made in respect of a person who was, at the relevant time, a notary public.