1948-HKRS29-8-15_Part03 — Page 3

Society's

of audience.

(b) if an attorney, solicitor or proctor shall give two months previous notice in writing to the Society of such his desire, and shall at the same time deposit with the registrar his certificate of admission, together with a certificate from the proper authority issuing anch certificate of admission that such lust mentioned certificate is still valid and in force, and a further certificate of fitness and character signed by two practising attorneys, solicitors or proctors of at least five years' standing in one of the courts in Great Britain or Northern Ireland and shall file in the court an affidavit of identity in such form as may be approved by the Chief Justice: Provided always that the Chief Justice may on special grounds and on such conditions as he may think proper, exempt any such person from complying with the formalities prescribed by this section, either absolutely or for any specified period. No anch exemption shall be granted in the case of an attorney, solicitor or proctor unless notice of intention to apply therefor has been previously given by the applicant to the Society.

28. The Society shall have a general right of audience, by general right solicitor or counsel, on the hearing of any application for admission as a solicitor, or touching any matter affecting the qualification, service or examination of articled clerks, or the removal from or restoration to the roll or suspension from practice of solicitors, or affecting the privileges, restrictions and offences in connection with the practice of a solicitor. In any such case, whether seeking audience or not, the Society shall be served with enpies of all necessary documents filed with the registrar.

Oath of

allegiance on admission

Orckmund No. 1 of 1505.

The rolls. 22 and 13 Geo. 5 C.37...

29. Every person who applies to be admitted and enrolled under section 25 or 26 as a solicitor shall, before admission and enrolment, subscribe the oath of allegiance in the form prescribed by the Promissory Oatha Ordinance, 1869, and also the oath following:

1

I. A.B., do ewear (or solemnly, sincerely and truly declaro and affirma) that I will truly and honestly demean myself in the practice of solicitor, according to the best of my knowledge and ability. So help me God (the last four words are to be nmitted in the case of a declaration or affirmation).

30. (1) The registrar shall keep, in accordance with the provisions of this Ordinance and of any regulations made there under, lista (in this Ordinance referred to as the roll "') of all barristers and solicitors admitted under sections 25 and 26.

(2) The registrar shall have the custody of the roll and of all documents relating thereto, and shall allow any person to inspect the roll during office hours without payment.

(3) The registrar, upon production of au admission signed by the Chief Justice, and in the case of a solicitor on pay- ment to the Law Sociely by such solicitor of a fee not exceeding two hundred dollars, shall enter on the roll the name of the person admitted.

31. The registrar shall keep a special book for the registration Registration of notarios public, and every notary public who produces his sotaries

public. notarial faculty and files in the court an affidavit of identity in such form as may be approved by the Chief Justice, shall, on payment of the prescribed fee, be entitled to be registered therein,

RRMOVAL FROM THE RULL OR REGISTER

AND SUSPENSION FROM PRACTICE OF

SOLICITORS, BARRISTERS AND OF NOTARIES PUBLIC.

off for

32. Subject as hereinafter provided no solicitor shall be liable Limit of dos to have his name struck off the roll on account of any defect in year to strike his articles of clerkship, or in the registration thereof or in his Legularity service thereunder, or in his admission and enrolment, unless the in acuicles. application to strike his name off the roll is made within twelve service, etc. months after the date of his enrolment: Provided that this section 22 and 23

Gea. 5 shall not apply in any case where fraud is proved to have been. committed in connection with the articles, registration, service, admission or enrolment.

5.37.5.13.

33. (1) The court shall have power ou reasonable cause being Power of shown to reinove from or strike off the roll or to suspend from otare co practice any admitted and enrolled solicitor, whereupon the strike of or

suspend a registrar shall enter a note of the court's order on the roll in calidior. connection with the name of the solicitor, and where the order so directs shall remove or strike out the name.

(2) The court may in its discretion before dealing with any application or motion under this section, or at any stage of the proceedings, refer the matter in question to the Committee, with such directions to investigate and enquire into the matter or to express any views or opinions in regard thereto as the court may think fit, and adjourn the proceedings until the Committee shall have duly reported to the court upon such matters as shall have been referred to it.

(3) The court may in respect of any matter in which the Society or the Committed have been concerned under section 36 or in any case where the Society has exercised its right of audience under any of the provisions of this Ordinance, award to the Society such costs and expenses as the Society may have incurred by the employment of counsel, solicitors or otherwise, as the court "shall consider reasonable under the circumstances and may order such costs to be paid by any solicitor or person who has been the subject of any complaint enquiry or investigation or of any proceedings before the court.

34. The court shall have power on reasonable cause being Power of shown to remove from or strike off the roll or to suspend from cut o practice any enrolled barrister who has been guilty of auch strike off or misconduct as to make him unfit to practise, whereupon the suspend registrar shall enter a note of the court's order on the roll in connection with the name of the barrister, and where the order

so directs, shall remove or strike off the name.

barrister.