-
Our Services
The Official Solicitor can only act for persons who cannot legally act for themselves. This means persons under the age of 18 or persons who are mentally incapacitated.
The Official Solicitor does not seek clients and normally cannot act in any case unless he has been invited to do so by the court or by a party to existing proceedings. However if some responsible person brings to the attention of the Official Solicitor the case of an identified person under a disability who has a claim or a defence which cannot be pursued because of the absence of any person who is willing and able to act as next friend or guardian ad litem, the Official Solicitor may consider taking or defending appropriate proceedings on behalf of the person under a disability.
The Official Solicitor acts for minors (persons under the age of 18) in cases where the Court feels such minors should be represented to safeguard their interests.
The Official Solicitor may be asked to represent minors in any type of proceeding where the Court considers it is necessary for the minor to be separately represented - this includes custody/access disputes, wardship proceedings, adoption proceedings, declaration of parentage proceedings etc. Where there is no one else who can do it, the Official Solicitor can also act for a minor to ensure that financial claims are made. The kind of claims which can be brought include damages for injuries in an accident, compensation for criminal injuries, claims to share in the estate of someone who has died or defending claims for monies in dispute.
Mentally incapacitated persons are persons suffering from mental illness or handicap. Such persons are often victims of fraud or undue pressure.
The Official Solicitor may be asked by the Court to assist these persons in making similar claims as he does for minors. In addition, the Official Solicitor may be asked to represent these persons in divorce suits or to defend any money or other claims made against them if there is no one else willing or able to do so on their behalf.
The Official Solicitor, if directed by the Court, can investigate the way such persons' money has been handled in the past and propose ways of handling their financial affairs in future.
The Official Solicitor may also be involved in cases where the Court needs to consider medical and welfare decisions for adults who lack decision making capacity.
When appointed by the Court, the Official Solicitor can
| (a) | represent a deceased person's estate in claims made against it where no one else is willing to do so. |
| (b) | administer the estate of someone who has died leaving a child or mentally incapacitated person as the only person entitled to property and money and |
| (c) | act as trustee holding property or money where there is a dispute or where the beneficiaries cannot be traced. |
In the absence of a Court Order, the official Solicitor cannot act as an administrator, executor or trustee of the estate of a deceased even if the interests of a person under a disability are involved. Accordingly, the Official Solicitor cannot assume the office of an executor even if the Official Solicitor is named as such in a properly executed will.
The Official Solicitor may charge for his service or services rendered on his behalf.
In certain cases, the Official Solicitor will seek to make appointment subject to his costs being met by the requesting party or seek an order for his costs.
Whether the Official Solicitor will charge for his services in any one case will depend upon the circumstances of his appointment and the particular circumstances of the case itself.
The Official Solicitor's Office is situated at
38/F Revenue Tower,
5 Gloucester Road,
Wan Chai,
Hong Kong.
The Office is open Mondays to Thursdays from 8:45 am to 5:45 pm and on Fridays from 8:30 am to 6 pm.
If you have any enquiries or would like to know more about the Official Solicitor, you can contact the Office
by telephone 2594-7930
by Facsimile Transmission : 2521-2038
E-mail address : oso@oso.gov.hk