Power to discharge articles in certain
Discharge
cases of bandruptcy,
22. If either-
(a)
12
during the term of any articles a clerk has been continuously absent from the place of business of his principal for a period of three months or such longer period as may be prescribed by the Committee except for such reason as may be prescribed by the Comminee; or
(b) the Committee is for any other reason of the opinion that any
articles ought to be discharged,
the Committee may, on application of the solicitor, the articled clerk or any other person, discharge the articles upon such terms, including terms as to return of premium, as it shall think fit and may determine what, if any, of the service by the clerk under the articles shall be deemed good service.
23. If a solicitor to whom a clerk is articled becomes bankrupt of articles in before the expiration of the term or executes a trust deed for the benefit of his creditors under any law relating to bankruptcy or is imprisoned for debt and remains in prison for the space of twenty-one days, the Court, on the application of any person, may order the articles to be discharged or to be assigned to another solicitor on such terms and in such manner as the Court thinks fit.
etc.
Society's general right
of audience.
Expenses of
Disciplinary Committee and of Society.
24. The Society shall have a general right of audience by any member of the Society appointed for that purpose by the Society or by any counsel, before-
(a) a Disciplinary Committee; and
(6) the Court on the hearing of-
(1) any application to the Court for admission as a solicitor; and
(ii) any proceedings in the Court relating to, affecting or touching any matter affecting the qualification, service or ex- amination of articled clerks or the removal from or restoration to the roll of solicitars or the suspension from practice of a solicitor or affecting any privilege, restriction or misconduct in connexion with the professional practice, conduct and discipline of a solicitor, a solicitor's employee or an articled clerk, and in any such case, whether the Society has or is seeking audience or not, the Society shall be served with a copy of every necessary document filed with the Registrar.
25. (1) The expenses incurred by
(a) a Disciplinary Committee; and
(b) the Society, in connexion with proceedings before a Disciplin-
ary Committee and any appeal under section 13,
13
may be paid to the Society out of general revenue upon a certificate issued by the Attorney General.
(2) The Attorney General shall only issue a certificate under sub- section (1) if he is satisfied that-
(a) the expenses were necessarily incurred by the Disciplinary Committee or the Society, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance; (b) the amount of such expenses is reasonable; and
(c) the expenses could not reasonably be recovered from the solici- for whose conduct is the subject of the proceedings before the Disciplinary Committee or the Full Court, as the case may be. (3) In this section, "expenses" includes witnesses' expenses and fees, counsel's fees, solicitor's fees, auditor's fees and other charges and dis- bursements.
26. In the case of any inconsistency between the provisions of this Ordinance and the Memorandum and Articles of Association of the Society the provisions of this Ordinance shall prevail.
PART III
BARRISTERS.
Statutory provisions to prevail over Society's articles.
Count to
27. The Court may, in such manner as may be prescribed by the Power of Chief Justice, admit as a barrister of the Supreme Court in Hong Kong. admit any person who has been called to the Bar in England or Northem barristers. Ireland or who has been admitted as an advocate in Scotland and who is not at the time of the application disbarred or removed from the roll of advocates nor suspended from practice as such.
28. Save as may be prescribed by the Chief Justice, no person shall Formalities
For admission be admitted as a barrister unless he has deposited with the Registrar his
of a barrister. certificate of call to the Bar and has filed in the Court an affidavit of identity in such form as may be prescribed by the Chief Justice.
barristers.
29. (1) The Registrar shall keep a roll of all barristers admitted Roll of by the Court under section 27 and shall have custody of the roll of bar- risters and of all documents relating thereto and shall allow any person to inspect the roll of barristers during office hours without payment.
(2) The Registrar, upon production of certificate of admission sign- ed by the Chief Justice and upon payment to the Registrar of such fee