Powers of Communities.
Delivery of intimation and notifica. cion.
Requirement
by Com- mittee.
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or other permanent documents as are necessary for the operation of a mechanical system of book-keeping.
(6) Every solicitor shall preserve for at least six years from the date of the last entry therein all books, accounts and records kept by him under this rule.
11. (1) In order to ascertain whether the provisions of these rules have been complied with, the Committee, acting either-
(a) on its own motion; or
(8) on a written complaint lodged with it by a third party. may require any solicitor to produce at such time and place as may be fixed by the Committee, his books of account, bank pass books, loose-leaf bank statements, statements of account, vouchers and any other necessary documents for the inspection of any person appointed by the Committee, and such person shall be directed to prepare for the information of the Committee a report on the result of such inspection and any such report may be useil as a basis for proceedings under the Ordinance.
(2) Upon being required so to do a solicitor shall produce such books of account, bank pass books, loose-leaf bank statements, state- ments of account, vouchers and documents at the time and place fixed.
(3) Before instituting an inspection on a written complaint lodged with it by a third party, the Committee shall require prima facie ovi- dence that a ground of complaint exists, and may require the paymenl by such party to the Committee of a reasonable sum to be fixed by it to cover the costs of the inspection, and the costs of the solicitor against whom the complaint is made and the Committee may deal with any sum so paid in such manner as it thinks fit.
12. A written intimation of the amount of a solicitor's costs incurred and a notification to a client that money held for him will be applied as mentioned in sub-paragraph (iv) of paragraph (a) of rule 7 may be delivered to a client in the same manner as a bill of costs is required to be delivered under subsection (2) of section 66 of the Ordinance.
13. Every requirement to be made by the Committee of a solicitor under these rules shall be made in writing under the hand of the Secretary and sent by registered post to the last address of the solicitor notified to the Incorporated Law Society of Hong Kong and, when so made and sent, shall be deemed to have been received by the solicitor within forty-eight hours of the time of posting.
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14. Nothing in these rules shall deprive a solicitor of any recourse Saving of or right, whether by way of lien, set-off, counter-claim, charge or rights of otherwise, against moneys standing to the credit of a client account.
3rd June, 1964.
Approved this 22nd day of June, 1964.
A. K. W. Lur, Chairman.
G. H. H. Golby, Member.
D. Q. CHEUNG,
Member.
R. MARTYN.
Member.
SHIRLEY Woo. Secretary.
Listure Hay
Explanatory Note.
Chief Justice.
(This Note is not part of the rules, but & Intended to indicate their general purport).
These rules lay down the conditions with which a solicitor must comply in accounting for money in his hands which belongs to a client. The rules are taken, without substantial modification, from the Solicitors Accounts Rules, 1945, and the Solicitors Trust Account Rules, 1945, made by the Law Society under the Solicitors Act, 1933. These rules will not come into operation until section 8 of the Legal Practitioners Ordinance, 1964, which lays down require- tents as to the keeping of accounts by solicitors, is brought into operation.
Bolicitor.
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