1964-HKRS28-8-31_Part01 — Page 37

Variation of

Full Court.

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(c) order that his name be struck off the roll of barristers; or

(d) make such other order as the Full Court may think fit.

(7) Any order made under subsection (6) shall be published in the Gazette unless the Full Court shall otherwise direct, and may be published in such maoner as the Full Court may direct.

38. (1) Without derogating from the power of the Chief Justics order of the under subsection (3) of section 29 to order the replacement on the coll of the name of a barrister who has been struck off the same, and subject to the provisions of subsection (2), any barrister who has been suspended from practising or whose name has been struck off the roll may apply to the Full Court for an order to vary or discharge the order suspending him or striking his name off the roll.

Expenses of Committee of Enquiry and of Bar Committee.

(2) No application shall be made under subsection (1)—

(a) in the case of an order of suspension, until the expiration of two years from the date of such order or of half the period of suspension, whichever is the less; or

(b) in the case of an order striking the name of the barrister off the roll, until the expiration of two years from the date of such order,

and in either case where such an application has been made and deter- mined, no further application shall be made until the expiration of two years from the date of such determination:

Provided that the barrister may at any time apply to a judge in Chambers for permission to make such application on the grounds that new material facts have come to light since the making of the order which it is sought to vary or discharge, and where the judge is of opinion that such facts should be placed before the Full Court, he shall grant such application.

(3) At the hearing of the application the Full Court may- () reduce the period of suspension; or

(b) discharge the order of suspension or the order striking the name

of the barrister off the roll, as the case may be, or

(c) confirm the original order; and

(d) make such order as to costs as it shall see fit.

39. (1) The expenses incurred by-

(a) a Committee of Enquiry; and

(b) the Bar Committee, in connexion with proceedings before a Committee of Enquiry and any proceedings under section 37.

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may be paid to the Bur Committee out of general revenue upon a certi- ficate issued by the Attomey General.

(2) The Attorney General shall only issue a certificate under sub- section (1) if he is satisfied that-

(a) the expenses were necessarily incurred by the Committee of Enquiry or the Bar Committee, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;

(6) the amount of such expenses is reasonable; and

(c) the expenses could not reasonably be recovered from the bar- rister whose conduct is the subject of the proceedings before the Committee of Enquiry or the Full Court, as the case may

1.

(3) In this section, "expenses" includes witnesses' expenses and fees, counsel's fees, solicitor's fees, auditor's fees and other charges and disbursements.

PART IV.

NOTARIES PUBLIC.

40. The Registrar shall register every notary public who, to the Registration satisfaction of the Registrar, produces to the Registrar his notarial of notaries

public. faculty and who files in the Court an affidavit of identity in such form and pays such enrolment fcc as may be prescribed by the Chief Justice.

notarica

41. The Registrar shall keep a register of notaries public regis- Reghter of tered by him under section 40 and shall have custody of the register of

public. notaries public and of all documents relating thereto and shall allow any person to inspect the register of notaries public during office hours without payment.

Court to

42. (1) The Court, upon reasonable cause being shown, may re- Power of move from or strike off the register of notaries public or suspend from practice any notary public.

(2) Upon the making of any order by the Court under subsec. tion (1) the Registrar shall enter a note of the order on the register of notaries public in connexion with the name of the notary public and. where the order so directs, shall remove or strike off the name.

strike off

or suspend a Motary public.

of name of

43. The Chief Justice may, if he thinks fit, at any time order the Restoration Registrar to replace on the register of notaries public the name of a potary notary public whose name has been removed or struck off therefrom. public.