The Official Solicitor was appointed in accordance with the Official Solicitor Ordinance Cap.416 ("the Ordinance") which came into operation on 1 August 1991. The Official Solicitor is a public officer who represents the interests of persons under a disability of age or mental capacity in proceedings (i.e. persons under the age of 18 or mentally incapacitated persons).
His duties are set out in Section 4 of the Ordinance and are described in the next section "Appointment and Role of the Official Solicitor".
Section 7 of the Ordinance designated the Director of Legal Aid to be the first Official Solicitor.
Under section 5 of the Ordinance, the Official Solicitor may appoint any private legal practitioner in Hong Kong to act or conduct proceedings on his behalf in a particular case.
The Official Solicitor's Office is an independently operated unit separated from the other sections of the Legal Aid Department.