1964-HKRS28-8-31_Part01 — Page 30

Roll of solicitors.

(b) the name of the solicitor whom he has served for any period has after the termination of that period been removed from or struck off the roll of solicitors.

5. (1) The Registrar shall keep a roll of all solicitors admitted by the Court under section 3 and shall have the custody of the roll of $ & 6 Eliz. 1, c. 27,

solicitors and of all documents relating thereto and shall allow any *. 6, 7 & 8. person to inspect the roll during office hours without payment.

Practising certificates solicitors,

5 & 6 Eliz.

2 c. 17,

ss. 1004)

and 57.

(2) The Registrar upon production of a certificate of admission signed by the Chief Justice and upon payment to the Registrar and to the Society of such fees as may be prescribed by the Chief Justice shall enter on the roll of solicitors the name of the person admitted.

(3) The Chief Justice way, if he thinks fil, at any time order the Registrar to replace on the coll of solicitors the name of a solicitor whose name has been removed or struck off the roll of solicitors.

6. (1) The Registrar, upon application in writing by a solicitor in the month of November in any year, in such form and upon payment of such fee as may be prescribed by the Chief Justice and upon pro- duction to him by the applicant of—

(a) a receipt showing the payment by the applicant of the current

subscription due to the Society;

(b) where applicable, a certificate issued by the Committee pursuant to subsection (4) of section 8 during the period of fifteen months prior to the submission of the application; and (c) where any exemption from compliance with any rule made under section 72 has been granted to the applicant or to any firm of solicitors of which the applicant is a partner, a statutory declaration in such form as may be prescribed by the Chief Justice,

and upon the Registrar being satisfied, in such manner as may be prescribed by the Chief Justice, that the applicant is cutitled to the issue to him of a practising certificate, shall issue to the applicant a practising certificate as a solicitor in such form as may be prescribed by the Chief Justice for the period of one calendar year from the 1st day of January next following the date of the application:

Provided that--

(i) the Registrar, in his absolute discretion and upon such con- ditions as be may consider necessary, may permit the applica- tion for a practising certificate to be made under this subsection at any time and upon such application may issue to the applicant a practising certificate for any period not exceeding one calendar year and ending on the 31st day of December in any year:

(i) where the name of a solicitor is removed from or struck off the roll of solicitors the practising certificate of that solicitor shall automatically determine without any entitlement to any refund of the prescribed fee or any part thereof; and

(i) the Registrar, upon being required so to do in writing by the Society in such manner and for such reason as may be pre- scribed by the Chief Justice, shall refuse to issue a practising certificate or issue the same subject to conditions.

(2) The publication in the Gazette by the Registrar of list of the names and addresses of those solicitors who have obtained practising certificates for the period therein stated shall be prima facie evidence that each person named therein is a person qualified under section 7 to act as a solicitor and to whom a practising certificate for the period specified in such list has been issued under this section and the absence from any such list of the name of any person shall be prima facie evidence that such person is an unqualified person.

7. No person shall be qualified to act as a solicitor unless--- (a) his name is for the time being on the roll of solicitors; (5) he is not suspended from practice; and

(c) he has in force a current practising certificate which shall be

deemed not to be in force at any time while he is suspended from practice under the provisions of section 10 or 14.

Qualifica- Lions for practising as solicitor.

5 & 6 Eliz. 2, c. 27, s. 1.

#. (1) Every solicitor practising on his own or as a partner shall, Accountant's

certificates once in each period of twelve months ending with the 31st day of October or such other date as may be prescribed by the Committee. 1. 2. 27, s. 30.

5 & 6 Eliz.

unless he satisfies the Committee that owing to the circumstances of his case it is unnecessary so to do, deliver to the Committee a certificate signed by an accountant stating—

(a) that in compliance with this section and any requirement which may be prescribed by the Committee the accountant has examined and audited the books, accounts and documents of the solicitor or of his firm for such accounting period as may be specified in the certificate; and

(5) whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period the solicitor or his firm has complied with such requirement relating to accounts as may be prescribed by the Committee; and

(c) if the accountant is not satisfied as aforesaid, the matters in respect of which he is not so satisfied and, if any accidental errors have been made, that the same bave since been rectified and giving a full report of the nature of any such error.