22
CAP. 159]
Legal Practitioners
(1989 Ed.
(2) Any rights or privileges of an enrolled student subsisting immediately before the commencement of the Legal Practitioners (Amendment) Ordinance 1981 (1 of 1981) shall cease to have effect on the commencement of that Ordinance.
PART IIA
(Replaced 1 of 1981 s. 4)
26A.
CONTROL OF SOLICITOR'S PROPERTY IN CERTAIN CASES
Power of Council to deal with
property of certain solicitors
(1) If the Council has reasonable cause to believe that a solicitor, or any solicitor's employee or articled clerk, has been guilty of dishonesty in connection with that solicitor's practice as a solicitor or in connection with any trust of which that solicitor is a trustee, the provisions of Schedule 2, except paragraph 7 thereof, and, if the Council 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.
(2) Where the name of the solicitor is removed from or struck off the roll or a solicitor is suspended from practice, that solicitor shall within 21 days from the material date satisfy the Council that he has made suitable arrangements for making available to his clients or to some other solicitor or solicitors instructed by his clients or by himself
(a) all deeds, wills, documents constituting or evidencing title to any property, papers, books of accounts, records, vouchers and other documents in his or his firm's possession or control, or relating to any trust of which he is the sole trustee or co-trustee only with one or more of his partners, clerks or servants; and
(b) all sums of money due from him or his firm to, or held by him or his firm on behalf of, his clients or subject to any such trust as aforesaid,
and if he fails so to satisfy the Council, Schedule 2 shall apply in relation to him.
(3) In subsection (2), the expression "the material date" means whichever is the latest of the following dates, that is to say-
(a) the date when the order of the Disciplinary Committee or of the court by or in pursuance of which the solicitor's name is removed from or struck off the roll, or the solicitor is suspended from practice, is to take effect;
(b) the last date on which an appeal against that order may be lodged;
(c) the date on which any such appeal is dismissed or abandoned.
22
CAP. 159]
Legal Practitioners
(1989 Ed.
(2) Any rights or privileges of an enrolled student subsisting immediately before the commencement of the Legal Practitioners (Amendment) Ordinance 1981 (1 of 1981) shall cease to have effect on the commencement of that Ordinance.
PART IIA
(Replaced 1 of 1981 s. 4)
26A.
CONTROL OF SOLICITOR'S PROPERTY IN CERTAIN CASES
Power of Council to deal with
property of certain solicitors
(1) If the Council has reasonable cause to believe that a solicitor, or any solicitor's employee or articled clerk, has been guilty of dishonesty in connection with that solicitor's practice as a solicitor or in connection with any trust of which that solicitor is a trustee, the provisions of Schedule 2, except paragraph 7 thereof, and, if the Council 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.
(2) Where the name of the solicitor is removed from or struck off the roll or a solicitor is suspended from practice, that solicitor shall within 21 days from the material date satisfy the Council that he has made suitable arrangements for making available to his clients or to some other solicitor or solicitors instructed by his clients or by himself
(a) all deeds, wills, documents constituting or evidencing title to any property, papers, books of accounts, records, vouchers and other documents in his or his firm's possession or control, or relating to any trust of which he is the sole trustee or co-trustee only with one or more of his partners, clerks or servants; and
(b) all sums of money due from him or his firm to, or held by him or his firm on behalf of, his clients or subject to any such trust as aforesaid,
and if he fails so to satisfy the Council, Schedule 2 shall apply in relation to him.
(3) In subsection (2), the expression "the material date" means whichever is the latest of the following dates, that is to say-
(a) the date when the order of the Disciplinary Committee or of the court by or in pursuance of which the solicitor's name is removed from or struck off the roll, or the solicitor is suspended from practice, is to take effect;
(b) the last date on which an appeal against that order may be lodged; (c) the date on which any such appeal is dismissed or abandoned.
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