1
4
152
Power of
court to
strike off or suspend notary public.
Power of Committee to enquire into conduct of solicitor.
Ordinance No 13 of 1886.
THE HONG KONG GOVERNMENT GAZETTE.
35. The court shall have power on reasonable cause bein shown to remove from or strike off the register kept under section 31 or to suspend from practice any registered notary public, whereupon the registrar shall enter a note of the court's order on the register in connection with the name of the notary public and, where the order so directs, shall remove or strike off the name.
36. (1) The Committee shall have power to enquire into and investigate the professional conduct of any solicitor-
(a) on receiving a complaint or allegation against a solicitor from any person;
(b) of its own motion;
(c) on having any matter referred to it by the court under the provisions of sub-section (2) of section 33.
(2) For the purpose of conducting any such enquiry or investigation the Committee shall have all the powers which are set out in section 3 of the Commissioners Powers Ordinance, 1886, as though the same had been specifically conferred upon them in the manner required by the provisions of that Ordinance.
(3) Where in the course of any enquiry or investigation under the provisions of paragraphs (a) and (b) of sub-section (1) of this section the Committee are of opinion that the facts and the available evidence in support of any complaint or allegation should be or become a matter for enquiry and determination by the court under sub-section (1) of section 33 or under any section of this Ordinance relating to an offence by any solicitor or an unqualified person the Committee may-
(a) institute and prosecute such proceedings before any court as may appear to be required in any matter or may appoint any person for such purpose, or
(b) advise or otherwise assist any person making any complaint or allegation against a solicitor in relation to any proceedings before any court:
Provided that nothing herein shall affect or derogate from the general rights of audience conferred on the Society by section 28.
(4) The Committee may delegate to a sub-Committee appointed for the purpose all the powers conferred on it by this section.
(5) The Society may subject to the approval of the Chief Justice, make rules, relating to or arising out of the conduct of any enquiry or investigation under this section.
(6) All proceedings by the Committee and any report made to the court under or in pursuance to this section shall be deemed to be privileged.
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