1968-HKRS28-8-35_Part01 — Page 41

Amendment of section 6

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(d) by adding the following new subsection—

3.

"(2) For the avoidance of doubt, it is hereby declared that any conduct of an articled clerk, en- rolled student or employee of a solicitor which would reasonably be regarded as disgraceful, dishonourable or discreditable by a solicitor of good repute shall be deemed misconduct.”.

Section 6 of the principal Ordinance is amended, in sub- section (1)

(a) by deleting "by the applicant” where it first occurs;

(b) by deleting paragraph (a) and substituting therefor the

following-

"(a) evidence showing, to the satisfaction of the Registrar, payment by the applicant of the current subscription due to the Society:"; and

(c) by inserting after "solicitors" in paragraph (1) of the

proviso the following-

Amendment of section 8.

4.

"or where a receiving order in bankruptcy is in force against him,"

Section & of the principal Ordinance is amended-

(a) by deleting subsection (1) and substituting therefor the

following-

*1965 c. 39 m. 9.

(1) Every solicitor shall 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, unless he satisfies the Committee that owing to the circumstances of his case it is unneces- sary so to do, deliver by post or otherwise to the Committee a report signed by an accountant (in this section referred to as "an accountant's report") and containing such information as may be prescribed by rules made by the Committee under paragraph (b) of subsection (1) of section 73:

Provided that an accountant's report shall be delivered to the Committee not more than six months (or such other period as any rules made under para- graph (b) of subsection (1) of section 73 may prescribe) after the end of the accounting period specified in that report.";

(b) in subsection (2)

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(1) by deleting "certificate" wherever it occurs and substituting therefor the following-

"report""; and

(ii) in paragraph (c), by deleting "twelve" and sub- stituting therefor the following—

**six"; and

(c) in subsection (4), by deleting "accountant's certificate"

and substituting therefor the following-

5.

"accountant's report",

Section 9 of the principal Ordinance is amended by delet- ing subsection (2) and substituting therefor the following-

"(2) Where it appears necessary or desirable to the Committee that the conduct of a solicitor, an employee of a solicitor, an articled clerk, or an enrolled student should be investigated as a result of a complaint being made to it or otherwise, the Committee for the purpose of such investiga tion may appoint a Disciplinary Committee consisting of not less than three members of the Disciplinary Committee Panel.".

6. Section 20 of the principal Ordinance is amended in sub- section (1) by deleting "of the Chief Justice" and substituting therefor the following—

"in writing of the Society".

7. The principal Ordinance is amended by adding, after Part II, the following new Part-

Power of Committee

to deal with property of Certain solicitors.

5 A 6 Etix.

2 c. 27, s. 31, Schedule.

"PART ILA.

CONTROL OF SOLICITOR'S PROPERTY IN CERTAIN CASÊS.

26A. (1) If the Committee has reasonable cause to believe that a solicitor, or any solicitor's employee or articled clerk, has been guilty of dishonesty in con- nexion with that solicitor's practice as a solicitor or in connexion with any trust of which that solicitor is a trustee, the provisions of the Schedule, except para- graph 7 thereof, and, if the Committee is satisfied that the solicitor, employee or articled clerk has been guilty as aforesaid, the said paragraph 7. shall apply in relation to that solicitor.

Amendment of section 9.

Amendment of section 20.

Addition of

new Part IIA.

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