Service.
Power of Disciplinary Committed to dispanse with requiremeals
of rules.
Extension or abridgement of time.
Retention of documcal pending appeal,
Evidence. (Cap. 2.)
Admission.
(3) If no shorthand notes be taken, the Chairman of the Disciplinary Committee shall take a note of the proceedings, and the provisions of this rule as to inspection and taking of copies shall apply to such note accordingly.
31. (1) Service of any notice or document under these rules may be effected personally or by registered "A.R." letter addreas- ed, in the case of a solicitor, to bis place of business or to his place of abode (if known) and, în every other case, to the last known place of business or abode of the person to be served. and such service shall be deemed to be effected at the time when the letter would be delivered in the ordinary course of post.
(2) Notwithstanding the provisions of paragraph (1) the Disciplinary Committee may make such order for substituted service as in the circumstances of the case may appear to be just.
32. The Disciplinary Committee may dispense with any requirements of these rules respecting notices, affidavits, docu- ments, service, or time, in any case where it appears to the Disciplinary Committee to be just so to do.
33. The Disciplinary Committee may extend or abridge the time for doing anything under these rules.
34. Unless the Disciplinary Committee otherwise order, all affidavits, books, papers, records and exhibits produced, used or made in connexion with any proceedings under these rules shall be retained by the Disciplinary Committee or the clerk until the time within which an appeal may be entered has expired, and, if notice of appeal is given (subject to the requirement of such appeal) until the appeal is beard or otherwise disposed of and thereafter shall be deposited for safe keeping with the Secretary who shall hold the same on behalf of members of the Disciplinary Committee Panel who alone shall have access thereto.
35. The Evidence Ordinance shall apply in relation to pro- ceedings before the Disciplinary Committee in the same manner as it applies in relation to civil and criminal proceedings.
36. (1) Any party may by notice in writing at any time noi later than nine days before the day fixed for the hearing call upon any other to admit any document saving all just exceptions and if such other party desires to challenge the authenticity of the document he shall within six days after service of such notice give notice that he does not admit the document and requires it to be proved at the hearing.
(2) If such other party refuses or neglects to give notice of non-admission within the time prescribed in paragraph (1). be shall be deemed to have admitted the document unless other- wise ordered by the Disciplinary Committee.
(3) Where a party gives notice of non-admission within the time prescribed by paragraph (1) and the document is proved at the hearing, the costs of proving the document shall be paid by the party who has not admitted the document, whatever the order of the Disciplinary Committee may be, unless in their findings the Disciplinary Committee shall find that there were reasonable grounds for not admitting the document.
(4) Where a parly proves a document without having given notice to admit under paragraph (1) no costs of proving the document shall be allowed, unless otherwise directed by the Disciplinary Committee, except where the omission to give notice to admit is in the opinion of the Disciplinary Committee a saving of expenses.
37. A summons issued under section 11 of the Ordinance shall be in Form 6 or Form 7 in the Schedule as shall be appropriate.
SCHEDULE,
FORM L.
[rule 3.]
FORM OF APPLICATION AGAINST A SOLICITOR/AN EMPLOYEE OF A SOLICITOR/AN ARTICLED
CLERK/AN ENROLLED STUDENT.
IN THE MATTER of C.D., a Solicitor
(or as the case may be) of
and
IN THE MATTER of the Legal Practi- Goners Ordinance.
TO: The Law Society of Hong Kong.
I, he undersigned, 4.B. hereby make application thai C.D., of
Solicitor (or as the case may be), may be required to answer the allega- tions contained in the Affidavit/Affirmation which accompanies this application and that such order may be made as the Disciplinary Com- mittee shall think right.
Sumunosi Scheduk.
Fund & Jund 7.