32
CAP. 159]
Legal Practitioners
[1989 Ed.
has been struck off the same, and subject to the provisions of subsection (2), any barrister who has been suspended from practising or whose name has been struck off the roll may apply to the Court of Appeal for an order to vary or discharge the order suspending him or striking his name off the roll.
(2) No application shall be made under subsection (1)—
(a) in the case of an order of suspension, until the expiration of 2 years from the date of such order or of half the period of suspension, whichever is the less; or
(b) in the case of an order striking the name of the barrister off the roll, until the expiration of 2 years from the date of such order, and in either case where such an application has been made and determined, no further application shall be made until the expiration of 2 years from the date of such determination:
Provided that the barrister may at any time apply to a judge in chambers for permission to make such application on the grounds that new material facts have come to light since the making of the order which it is sought to vary or discharge, and where the judge is of the opinion that such facts should be placed before the Court of Appeal, he shall grant such application.
(3) At the hearing of the application the Court of Appeal may---
(a) reduce the period of suspension; or
(b) discharge the order of suspension or the order striking the name of the barrister off the roll, as the case may be; or
(c) confirm the original order; and
(d) make such order as to costs as it shall see fit.
39. Expenses of Committee of Inquiry and of Bar Committee
(1) The expenses incurred by
(a) a Committee of Inquiry; and
(Amended 92 of 1975 s. 59)
(b) the Bar Committee, in connection with proceedings before a Committee of Inquiry and any proceedings under section 37, may be paid to the Bar Committee out of general revenue upon a certificate issued by the Attorney General.
(2) The Attorney General shall only issue a certificate under subsection (1) if he is satisfied that-
(a) the expenses were necessarily incurred by the Committee of Inquiry or the Bar Committee, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;
(b) the amount of such expenses is reasonable; and
(c) the expenses could not reasonably be recovered from the barrister whose conduct is the subject of the proceedings before the Committee of Inquiry or the Court of Appeal, as the case may be.
32
CAP. 159]
Legal Practitioners
[1989 Ed.
has been struck off the same, and subject to the provisions of subsection (2), any barrister who has been suspended from practising or whose name has been struck off the roll may apply to the Court of Appeal for an order to vary or discharge the order suspending him or striking his name off the roll.
(2) No application shall be made under subsection (1)—
(a) in the case of an order of suspension, until the expiration of 2
years from the date of such order or of half the period of suspension, whichever is the less; or
(b) in the case of an order striking the name of the barrister off the
roll, until the expiration of 2 years from the date of such order, and in either case where such an application has been made and determined, no further application shall be made until the expiration of 2 years from the date of such determination:
Provided that the barrister may at any time apply to a judge in chambers for permission to make such application on the grounds that new material facts have come to light since the making of the order which it is sought to vary or discharge, and where the judge is of the opinion that such facts should be placed before the Court of Appeal, he shall grant such application.
(3) At the hearing of the application the Court of Appeal may---
(a) reduce the period of suspension; or
(b) discharge the order of suspension or the order striking the name
of the barrister off the roll, as the case may be; or
(c) confirm the original order; and
(d) make such order as to costs as it shall see fit.
39. Expenses of Committee of Inquiry
and of Bar Committee
(1) The expenses incurred by
(a) a Committee of Inquiry; and
(Amended 92 of 1975 s. 59)
(b) the Bar Committee, in connection with proceedings before a Committee of Inquiry and any proceedings under section 37, may be paid to the Bar Committee out of general revenue upon a certificate issued by the Attorney General.
(2) The Attorney General shall only issue a certificate under subsec- tion (1) if he is satisfied that-
(a) the expenses were necessarily incurred by the Committee of Inquiry or the Bar Committee, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;
(b) the amount of such expenses is reasonable; and (c) the expenses could not reasonably be recovered from the barrister whose conduct is the subject of the proceedings before the Committee of Inquiry or the Court of Appeal, as the case may be.
No comments yet.
Private notes are available after approval.