1948-HKRS28-8-15_Part03 — Page 1

Restriction on employment of articlest

clerks.

26 Geo.

: Edw. É

*.35.6.1.

Notice of articles to

8. (1) No solicitor who has not at some time been in continuous practice as a solicitor for a period of five years shall, without special leave in writing of the Society, take any articled and clerk.

(2) No solicitor shall take or retain any articled clerk after he has ceased to practice as a solicitor in the Colony or while he is employed as a clerk to another solicitor.

(3) A solicitor shall not be deemed to have ceased to practise as a solicitor in the Colony for any period between the 26th December, 1941, and the 30th August, 1945: Provided that for the purpose of this Ordinance, no service under articles of clerkship shall between the said dates count towards any prescribed period of service under articles.

(4) Service by an articled clerk to a solicitor who has taken him in contravention of the provisions of this section shall not be deemed to be good service by the clerk under his articles.

0. (1) Not less than six weeks before any person becomes bound by articles of clerkship be shall give notice to the Society Society and evidence of of his intention so to do, and shall furnish the Society with such character, etc, evidence as to his character, and his fitness and suitability for 26 Geo. 5 and service under articles, us the Chief Justice may by rules require. (2) The Society, if they are satisfied with the evidenca so furnished, shall issue to the person in question their written consent to his entry into articles.

r Edw. £

0.35.4.4.

CU PETYC

(3) The registrar shall refuse to register any articles produced to him under section 4 unless the articles are accompanied by a consent isaund under this section and dated not earlier than one month before the date of production of the articles.

(4) Service by a clerk under articles of which registration has been refused under this section shall not be deemed to be good service by the clerk under his articles.

Articled clerks 10. Subjent to the provisions of this Part, every articled olerk shall, during the whole term of his articles, be actually employed in the proper business, practice and employment of a solicitor by the solicitor to whom he is articled.

continuously

and por

engaged

in other cmployment.

az and 23

Geo. 5

5.374.09. Argeled

duks not to Make

other em- ployment.

22 23 Geo. 5 37

3.21.

Articled clerks

11. No person bound by articles of clerkship to any solicitor

as aforesaid shall, during the term of service mentioned in such articles, hold any office or engage in any employment whatsoever other than the employment of clerk to such solicitor and his partners if any, in the business, practice or employment of a solicitor.

not disqualified 12. No person shall be disqualified for admission as a solicitor, by disqualified or be liable to be struck off the roll, by reason only of any solicitor whom he has served for any period having been after the termina- tion of that period, removed from or struck off the roll.

solicitor.

22 and 23 Geo. 5 0.37.3.22.

-

13. In case any solicitor to whom any clerk is articled becomes Discharge bankrupt before the expiration of the term, or executes a trustssigament

of articles deed for the benefit of his creditors under any Ordinance relating

in case of to bankruptcy or is imprisoned for debt and remains in prison for bankruptcy. the space of twenty-one days, it shall be lawful for the court, on 6 and 7 Viet. the application of such clerk to order and direct the articles to 473-9.5- be discharged or assigned to such person, on such terms and in such manner as the Court thinks fit.

Power of

14. If-

(a) during the term of any articles the clerk has been city to

discharge continuously absent from the solicitor's place of business for a articles in period of three months or longer (except with the consent of the certain cases. Committee or when the clerk shall proceed to England under the 26.5 and provisions of Clause 17); or

(b) the Society are for any other reason of opinion that the articles ought to be discharged';

the Society may, on the application of the solicitor or the clerk discharge the articles upon such terms, including terms as to return of premium as they think fit, and determine what period, if any, of service by the clerk under the articles shall be deemed to be good service.

Edw. 4-35-15.

CASTS.

15. (1) Where before the expiration of the term for which Fresh articles a clerk is articled the solicitor to whom he is articled ceases to in certain practise as a solicitor in the Colony, or dies, or his articles areas and a Cancelled by mutual consent or discharged by the court or the Geo. 5 Society, the clerk may be bound by fresh articles to another espul25 practising solicitor for the residue of the suid term and service under those articles in accordance with the provisions of this Part shall be good service.

(2) The foregoing provisions of this Part with respect to the registration of articles shall apply to fresh articles entered into in accordance with the provisions of this section.

16. The term for which a person desirous of being admittel Term of as a solicitor, not being a person exempted from service under articles. articles by virtue of any provision of this Ordinance, is required

22 and 2) Geo. 5 to be bound by and serve under articles shall be determined in 6.77.9.15. accordance with the provisions of the First Schedule to this First Ordinance. Any part of such term may in lieu of being served Schedule. with a solicitor actually practising in the Colony be served with a solicitor actually practising in Great Britain or Northern Ireland.

17. Any period not exceeding one year during which any anch One year's person has been absent from the Colony in England and for the absence in purpose of travelling to and from England and of preparing for England to the final examination shall pou bis satisfying the Society as to uncles. such preparations be counted in the said period.

count

18. (1) A person who has been bound by articles as aforesaid Notice to sit for the prescribed period, as modified by the provisions of section for fal 17, may give notice to the registrar and the Society of his intention to sit for the final examination pursuant to the regula- tions contained in the Third Schedule hereto,

examination. Regulations.

Tbird

Schedule.