1968-HKRS28-8-35_Part01 — Page 46

13

12

order, if the packet had been re-directed or re transmitted in accordance with such application or instructions as aforesaid.

9. In any case where the Committes has taken posses- sion of documents under paragraph 1, and has not been required to return them by virtue of paragraph 5, the following paragraphs shall apply, but without prejudice to the application of paragraph 15 so far as it affects any of the preceding paragraphs,

10. The Committee may, on «. resolution in that behalf made by the Society, take control of all sums of money due from the solicitor or his firm to, or held by him or his firm on behalf of, his or his firm's clients or subject to any trust of which he is the sole trustee or co-inisten only with one or more of his partners, employees or articled clerks. and for that purpose the Committee shall serve on the solicitor or his firm, and, except where the provisions of section 26D apply, on any banker and on any other persON having possession or control of any such sums of money a notice together with a certified copy of such resolution, pro- hibiting the payment out of such sums of money otherwise than pursuant to paragraph 12 or 13.

11. Within fourteen days of the service of a notice under paragraph 10 the solicitor or his firm, or the banker or other person upon whom the notice was served, may apply to a judge of the Supreme Court in chambers for an order directing the Committee to withdraw the notice and on the hearing of any such application the judge may make such order with respect to the matter as he may think fit.

12. Subject to the service of any notice under paragraph 10, and to any application that may be made under paragraph 11, the Committee or any person in that behalf appointed by the Committee may withdraw the moneys, or from time to time any part of the moneys, to any backing account in the name of the solicitor or his firm, and any moneys in the office of the solicitor or his firm due to or held on behalf of his clients, and pay them into a special account or special accounts in the name of the Committee or such person appointed as aforesaid and may operate on, and otherwise deal with, such special account of accounts as the solicitor or his firm might have operated on, or otherwise dealt with, the said banking account:

Provided that a banker with whom such special account or accounts is or are kept shall be under no obligation to ascertain whether that account or those accounts is or are being so operated on or otherwise dealt with.

13. (1) Subject to paragraphs 11 and 12, the Committee may serve a notice on the solicitor, or his firm or banker or other person upon whom a notice has been served under paragraph 10, directing that, immediately after the expiration of eight days from the service of the first-mentioned notice, such moneys as are referred to in that notice be transferred in accordance with the directions of the Committee:

Provided that-

(a) no such directions shall be given by the Committee except with the approval of the person to whom the said moneys beloog, being in the case of a trust the trustco, and, where the solicitor is the sole trustee or a trust or a co-trustoc thereof only with one or more of his partners, clecks or servants, the person beneficially entitled to such moneys; and

(b) the person upon whom such first-mentioned notice has been served as aforesaid shall be under no obligation to ascertain whether such approval has been obtained,

(2) In any case where the Committee is unable to ascertain the person to whom the said moneys belong or where the Committee otherwise thinks it expedient so to do, the Committee may apply to the Supreme Court or a judge thereof for directions as to the transfer of such moneys.

14. It any person fails to comply with the requirements

of any notice given under paragraph 10 or 13..........

(a) be shall be guilty of an offence and be liable on summary conviction to a Ene of one thousand dollars; and

(b) the Supreme Court or a judge thereof may, on the application of the Committee, order that person to comply with the requirements of the notice within such time as may be specified in the order.

15. Subject to any order for the payment of costs, that. may be made on an application under paragraph 2, 5, 7, 8, 11 or 14 or sub-paragraph (2) of paragraph 13, any costs incurred by the Committee for the purposes of this Schedule shall be paid by the solicitor and shall be recoverable from him as a debt owing to the Committes.

16. The Committee may make rules with respect to the procedure to be followed in giving effect to the provisions of paragraphs 1, 3, 4, 6, 10 and 12, and sub-paragraph (1) of paragraph 13 and with respect to any matters incidental, ancillary or supplemental to those provisions.".

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 10th day of July, 1968, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat GR 7/3231/66)

Deputy Clerk of Councils.