1964_LEGAL_PRACTITIONERS_ORDINANCE — Page 14

1989 Ed.]

Legal Practitioners

[CAP. 159

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accounts of the solicitor or his firm are ordinarily made up. (Amended 25 of 1968 s. 4) [cf. 1957 c. 27 s. 30 U.K.]

(3) If a solicitor fails to comply with the provisions of this section or any requirements relating to accounts which may be prescribed by the Council any person may make a complaint in respect of that failure to the Council or the Court.

(Amended 58 of 1976 s. 5; 52 of 1980 s. 2)

9. Appointment of Disciplinary Committee

(1) There shall be a Disciplinary Committee Panel which shall consist of not less than 11 members of the Society, each of whom shall have been in practice as a solicitor in Hong Kong for a period of not less than 10 years and shall be appointed by the Chief Justice after consultation with the Society. (Amended 50 of 1982 s. 8)

(2) Where it appears necessary or desirable to the Council that the conduct of a solicitor, an employee of a solicitor or an articled clerk should be investigated as a result of a complaint being made to it or otherwise, the Council for the purpose of such investigation may appoint a Disciplinary Committee consisting of not less than 3 members of the Disciplinary Committee Panel. (Replaced 25 of 1968 s. 5. Amended 52 of 1980 s. 2; 1 of 1981 s. 3)

(3) A Disciplinary Committee shall have power to appoint its own Chairman and shall sit in camera in such place and at such time as the Disciplinary Committee may direct.

10. Powers of a Disciplinary Committee

(1) A Disciplinary Committee shall have power to inquire into and investigate the conduct of any person in respect of which it was appointed.

(2) Subject to the provisions of this Ordinance, upon the hearing of any complaint as aforesaid or upon any investigation as aforesaid, a Disciplinary Committee shall have power to make such order as it thinks fit and any such order may, in particular, include provision for all or any of the following matters-

(a) striking off the roll of solicitors the name of the solicitor to whom the complaint or investigation relates;

(b) suspending that solicitor from practice for such period as the Disciplinary Committee shall think fit;

(c) payment by that solicitor of a penalty not exceeding $50,000 which shall be paid into the general revenue;

(d) censure of that solicitor or, if the complaint or investigation relates to a solicitor's employee or articled clerk, of such employee or articled clerk; (Amended L.N. 153 of 1988)