1989 Ed.]
Solicitors' Practice Rules
[CAP. 159
H3
[Subsidiary]
5. Return of employees
(1) A solicitor who has or who has had, in his employment personally or in partnership with another solicitor any clerk, interpreter or other employee (excluding any employee who is a solicitor) shall once a year at the same time as he applies for his practising certificate furnish to the Secretary to the Council a declaration in accordance with Form 1 in the Schedule. (52 of 1980 s. 2)
(2) Except upon formal resolution of the Council, the particulars furnished under subrule (1) shall not be disclosed by the Secretary to the Council to any person other than the President, the Vice-President and the executive staff of the Council. (52 of 1980 s. 2)
(3) Where 2 or more solicitors are in partnership as solicitors the particulars under subrule (1) may be furnished by one partner on behalf of the other partners.
5A. (Repealed L.N. 393 of 1987)
5B. Powers of Council
(L.N. 307 of 1979)
(1) In order to ascertain whether the provisions of these rules have been complied with, the Council, acting either---
(a) on its own motion; or
(b) on a written complaint lodged with it by a third party, may require any solicitor to produce at such time and place as may be fixed by the Council, his books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and any other necessary documents for the inspection of any person appointed by the Council, and such person shall be directed to prepare for the information of the Council a report on the result of such inspection and any such report may be used as a basis for proceedings under the Ordinance.
(2) Upon being required so to do a solicitor shall produce such books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and documents at the time and place fixed.
(3) Before instituting an inspection on a written complaint lodged with it by a third party, the Council shall require prima facie evidence that a ground of complaint exists, and may require the payment by such party to the Council of a reasonable sum to be fixed by it to cover the costs of the inspection, and the costs of the solicitor against whom the complaint is made and the Council may deal with any sum so paid in such manner as it thinks fit.
(4) The Council may make such order for the payment of the costs of any inspection required by the Council under this rule as it thinks fit.
(L.N. 307 of 1979; 52 of 1980 s. 2)