1964_LEGAL_PRACTITIONERS_ORDINANCE — Page 58

1989 Ed.]

Legal Practitioners

[CAP. 159

57

3.

New Zealand.

4.

The Republic of Ireland.

5.

Zimbabwe.

6. Singapore.

(Schedule I added 46 of 1989 s. 19)

1.

SCHEDULE 2

[ss. 26A, 26B & 26C]

PROPERTY IN THE CONTROL OR POSSESSION OF CERTAIN SOLICITORS AND OTHER PERSONS

SOLICITORS AND OTHER PERSONS

The Council may require the production or delivery to any person appointed by the Council at a time and place to be fixed by the Council, and may take possession, of all deeds, wills, documents constituting or evidencing the title to any property, papers, books of account, records, vouchers and other documents in the possession or control of the solicitor or his firm, or relating to any trust or which he is the sole trustee or is co-trustee only with one or more of his partners, employees or articled clerks.

2. If any person having possession or control of any such documents fails to comply forthwith with any such requirement-

3.

(a) he shall be guilty of an offence and be liable on summary conviction to a fine of $5,000; and (Amended 46 of 1989 s. 18)

(b) the High Court or a judge thereof may, on the application of the Council, order that person to comply with the requirement within such time as may be specified in the order, and may at the same time further order that on that person's failure to comply with such requirement one or more members of the Council, or one or more persons appointed by the Council for the purpose, may forthwith enter upon any premises (using such force as is reasonably necessary for the purpose) to search for, and take possession of, the documents referred to in paragraph 1.

Upon taking possession of any such documents, the Council shall serve upon the solicitor and every person from whom those documents were received, or from whose premises they were taken by virtue of an order made under paragraph 2, a notice giving particulars and the date of taking possession thereof.

4.

Any requirement of notice under this Schedule shall be made in writing under the hand of such person as may be appointed by the Council for the purpose and may be served on any person either by personal service or by being sent by registered post addressed to his last known place of business or residence.

5.

Within 14 days after the service of a notice under paragraph 3, the solicitor or other person upon whom the notice was served may apply to a judge of the High Court in chambers for an order directing the Council to return those documents to the person from whom they were received, or from whose premises they were taken, as the case may be, by the Council, or to such other person as the applicant may require; and on the hearing of any such application the judge may make such order with respect to the matter as he may think fit.

6. If no application is made under paragraph 5, or if the judge to whom any such application is made directs that the documents shall remain in the custody or control of the Council, the Council may make inquiries to ascertain the person to whom those documents belong and may deal with those documents in accordance with the directions of that person:

Provided that, before dealing with such documents, the Council may take copies of, or extracts from, any such documents.