Costs Committee.
36
(c) providing for the conduct of inquiries, or investigations by a
Disciplinary Committee under section 9,
(d) regulating the enrolment of students, articles and examinations
and admissions of overseas students, and in particular, withou prejudice to the generality of the foregoing, providing for- ()the manner in which any person shall qualify for admission under sub-paragraph (1) of paragraph (a) of section 4 including, in particular, the enrolment of students, the period of articles, if any, to be served in any particular case, the examination or examinations to be passed and notices and forms to be used in connexion therewith; and
(ii) the manner in which application for admission under sub-paragraph (11) of paragraph (a) of section 4 shall be made and the documents to be filed in connexion therewith: (e) enabling the Committed to exempt any person from compliance with the provisions of any such rules and to impose and enforce conditions upon which such exemption may be granted in any particular case; and
(f) prescribing any thing which, under this Ordinance, is to be
or may be prescribed by the Committee.
(2) Every rule made by the Committee under this section shall be subject to the prior approval of the Chief Justice.
(3) No rule made under paragraph (b), (c) or (d) of subsection (1) shall apply to a solicitor to whom section 75 applies insofar as such solicitor is acting in the course of the employment which gives rise to the application of that section.
74. (1) There is hereby established a Costs Committee consisting of the following persons-
(a) a puisne judge appointed by the Chief Justice as Chairman; (b) the Registrar or a deputy registrar of the Supreme Court: (c) the Registrar General or such representative of the Registrar
General as is approved by the Chief Justice; and
(d) the President and the Vice-President of the Society and one member of the Society nominated by the Society and approved by the Chief Justice.
(2) The quorum for the Costs Committee shall be the Chairman and two members under paragraph (d) of subsection (1).
(3) The Costs Committee may make rules-
(a) providing for the remuneration of solicitors in respect of
non-contentious business;
37
(6) prescribing that, as regards the mode of remuneration, it shall be according to the scale of rates or percentage varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another;
(c) regulating the amount of remuneration with reference to all or any of the following, among other, considerations, that is to say-
(1) the position of the party for whom the solicitor is con- cerned in the business, that is, whether as vendor or purchaser, lessor or lessee, mortgagor or mortgagee, and the like;
(ii) the place where, and the circumstances in which, the business or any part thereof is transacted;
(ii) the amount of the capital money or rent to which the business relates;
(iv) the skill, labour and responsibility involved therein on the part of the solicitor:
(v) the number and importance of the documents prepared or perused, without regard to length;
(d) authorizing and regulating the taking by a solicitor from his client of security for payment or otherwise, which may become due to him under any such rule; and
(e) authorizing and regulating the allowance of interest on costs
and expenses.
(4) Every rule made under this section shall be subject to the prior approval of the Chief Justice.
(5) So long as any rules made under this section are in operation, laxation of bills of costs of solicitors in respect of non-contentious business shall, subject to the provisions of section 5, be regulated by such rules.
PART VIII.
GENERAL, REPEAL AND TRANSITIONAL.
75. Nothing in this Ordinance shall—
Saving
(a) prejudice or affect any rights or privileges of any member of Her Majesty's Overseas Judiciary, any legal officer within the meaning of section 2 of the Legal Officers Ordinance or (Cap. 87). any person to whom the provisions of the Registrar General (Cap. 100), (Establishment) Ordinance apply or require any such person
or any clerk or officer appointed to act for him to be admitted
No comments yet.
Private notes are available after approval.