Appointment and Role of the Official Solicitor

Subject to appointment by the Court or the discretion of the Official Solicitor as appropriate, the Official Solicitor can :-

• act as guardian ad litem or next friend to any person under a disability of age or mental capacity, in proceedings before the Court;
• act for either party under Rule 105 of the Matrimonial Causes Rules;
• act for children under Rule 108 of the Matrimonial Causes Rules;
• if requested by the Juvenile Court, act for any party involved in proceedings under the Protection of Children and Juveniles Ordinance relating to the care and protection of a child or juvenile;
• act as committee of the estate of a mentally incapacitated person, guardian of an infant relative or next-of-kin, make such transfer or receive or make such payment as may be ordered under the Mental Health Ordinance (Sections 11, 14, 22, 23 and 26B);
• act as representative of a deceased person's estate, by virtue of an order under Order 15, rule 6A(4) of the Rules of the High Court or the Rules of the District Court - the appointment is generally limited, in the first instance, to accepting service of the writ of summons or originating summons. He may, in appropriate cases, consent to extend his appointment to taking further steps in the proceedings on terms such as an indemnity for his costs;
• act as Official Trustee, by virtue of section 66 of the Trustee Ordinance;
• act as judicial trustee, by virtue of an appointment under section 63 of the Trustee Ordinance and rule 7(1) of the Judicial Trustee Rules;
• act on behalf of a person committed to prison for contempt who is unable or unwilling to apply on his own behalf for release;
• intervene in proceedings before the Court;
• take over conduct of proceedings where there has been undue delay in the prosecution of accounts by virtue of a direction under Order 43, rule 7 of the Rules of the High Court;
• act in proceedings or inquiry under Order 62, rule 8 of the Rules of the High Court by virtue of a direction or authorization of the court under paragraph (4) of that rule;

The Official Solicitor may also assist the court when called upon to do so in any proceedings to appear as amicus curiae or to investigate and report so that "the Judge may be informed as to where the real truth of the case lies" (Harbin v. Masterman [1896]1 Ch. 351).