1968-HKRS29-8-35_Part01 — Page 44

Amendment of

section 28,

Amendment of section 30.

Repeal and replacement of section 31.

Addition of new section

50A.

9. Section 28 of the principal Ordinance is amended by inserting after "Chief Justice", in the second place where it occurs, the following----

"together with an affidavit showing the manner in which he satisfies the requirements set out in subsection (1) of section 27"

10. Section 30 of the principal Ordinance is amended in subsection (1) by deleting "entitled to the issue to him of a practising certificate" and substituting therefor the following-

“qualified to practise as a barrister”.

11. Section 31 of the principal Ordinance is repealed and replaced by the following-

**Qualifi- cations for practising

as barrister.

31. No person shall be qualified to practise as a barrister unless-

(a) his name is for the time being on the roll of

barristers:

(5) he is not disbarred or suspended from

practice outside Hong Kong:

(c) he has in force a current practising certif-

cate:

(d) he has not been suspended from practice

under the provisions of section 32 or 37;

(e) he has not ceased to be a member of the Bar in England or Northern Ireland or an advocate in Scotland; and

( be is not a solicitor on his own account or a partner or a salaried employee of a legal firm in any country where a qualified person is able to practise both as a barrister and as a solicitor at the same time.".

12. The principal Ordinance is amended by adding, after section 50, the following new section-

"Recovery of moneys in

certain

cakes.

1965 c. 31, x. 7.

50A. Nothing in paragraph (b) of subsection (2) of section 45 or in section 50 shall prevent the recovery of moneys paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force provided that such moneys would have been recoverable if that solicitor had held such a certificate in force when so acting.".

13. Section 53 of the principal Ordinance is amended- (2) by inserting in subsection (1), after the word "solicitor"

where it last occurs, the following-

"or whose practising certificate has been determined by virtue of paragraph (ii) of the proviso to section 6 in consequence of a receiving order in bankruptcy being in force against him"; and

(b) by deleting subsection (3) and substituting therefor the

following

*(3) No solicitor shall, in connexion with his practice as a solicitor, without written permission of the Society, which may be given for such period and subject to such conditions as the Society may think fit, employ or remunerate any person, who, to his knowledge, has been convicted of a criminal offence involving dishonesty.".

14. Section 73 of the principal Ordinance is amended in sub- section (1)-

(a) in paragraph (a), by deleting sub-paragraph (i) and sub-

stituting therefor the following-

"(i) the conduct and discipline of solicitors, solicitor's employees, articled clerks and enrolled students:":

(b) in paragraph (b)—

(i) in sub-paragraphs (v) and (vi), by deleting "certifi- cate" wherever it occurs and substituting therefor the following-

"report":

(ii) by deleting sub-paragraph (vii) and substituting therefor the following-

"(vii) the form of accountant's report and the information to be contained therein in accordance with subsection (1) of section $;"; and

(ii) to sub-paragraph (viii), by deleting "certificate” and substituting therefor the following-

"report".

15. Section 76 is amended by deleting sub-paragraph (6) and substituting therefor the following—

"(b) any person who on the 1st day of August 1964 was bound under articles entered into before the 1st day

Amendment of section $3,

Amendment of section 73.

Amendment of section 76.