58
CAP. 159]
Legal Practitioners
[1989 Ed.
7.
The High Court or a judge thereof may, on the application of the Council, order that no payment shall be made without the leave of the High Court or a judge thereof by any banker named in the order out of any banking account in the name of the solicitor or his firm.
(1) The High Court or a judge thereof, on the application of the Council, may from time to time order that for such time not exceeding 18 months as the Court or judge, as the case may be, thinks fit, postal packets (as defined by section 2 of the Post Office Ordinance (Cap. 98)) addressed to the solicitor or his firm at any place or places mentioned in the order for re-direction shall be re-directed, sent or delivered by the Postmaster General or the officers acting under him to a person appointed under paragraph 1 or otherwise as the Court or judge, as the case may be, directs, and the same shall be done accordingly.
(2) Where such an order is made under sub-paragraph (1), the Council shall pay to the Postmaster General the like charges (if any) as would have been charged and payable-
9.
(a) in respect of an application or instructions by the addressee, in the case of a permanent change of his place of business, for the re-direction or delivery of postal packets to which the order relates to him at the address of the person to whom they are to be re-directed, sent or delivered under the order, during the time specified in the order; and
(b) in respect of the re-direction or re-transmission of any individual postal packet in accordance with the order, if the packet had been redirected or re-transmitted in accordance with such application or instructions as aforesaid.
In any case where the Council has taken possession of documents under paragraph 1, and has not been required to return them by virtue of paragraph 5, the following paragraphs shall apply, but without prejudice to the application of paragraph 16 so far as it affects any of the preceding paragraphs.
10. The Council may, by resolution in that behalf, take control of all sums of money due from the solicitor or his firm to, or held by him or his firm on behalf of, his or his firm's clients or subject to any trust of which he is the sole trustee or co-trustee only with one or more of his partners, employees or articled clerks, and for that purpose the Council shall serve on the solicitor or his firm, and, except where the provisions of section 26D apply, on any banker and on any other person having possession or control of any such sums of money a notice together with a certified copy of such resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 12 or 13. (Amended 8 of 1976 s. 14)
11. Within 14 days of the service of a notice under paragraph 10 the solicitor or his firm, or the banker 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 withdraw the notice and on the hearing of any such application the judge may make such order with respect to the matter as he may think fit.
12. Subject to the service of any notice under paragraph 10, and to any application that may be made under paragraph 11, the Council or any person in that behalf appointed by the Council may withdraw the moneys, or from time to time any part of the moneys, in any banking account in the name of the solicitor or his firm, and any moneys in the office of the solicitor or his firm due to or held on behalf of his clients, and pay them into a special account or special accounts in the name of the Council or such person appointed as aforesaid and may operate on, and otherwise deal with, such special account or accounts as the solicitor or his firm might have operated on, or otherwise dealt with, the said banking account:
Provided that a banker with whom such special account or accounts is or are kept shall be under no obligation to ascertain whether that account or those accounts is or are being so operated on or otherwise dealt with.
13. (1) Subject to paragraphs 11 and 12, the Council may serve a notice on the solicitor, or his firm or banker or other person upon whom a notice has been served under paragraph 10, directing that, immediately after the expiration of 8 days from the service of the first-mentioned notice, such moneys as are referred to in that notice be transferred in accordance with the directions of the Council:
58
CAP. 159]
Legal Practitioners
[1989 Ed.
7.
The High Court or a judge thereof may, on the application of the Council, order that no payment shall be made without the leave of the High Court or a judge thereof by any banker named in the order out of any banking account in the name of the solicitor or his firm.
(1) The High Court or a judge thereof, on the application of the Council, may from time to time order that for such time not exceeding 18 months as the Court or judge, as the case may be, thinks fit, postal packets (as defined by section 2 of the Post Office Ordinance (Cap. 98) ) addressed to the solicitor or his firm at any place or places mentioned in the order for re-direction shall be re-directed, sent or delivered by the Postmaster General or the officers acting under him to a person appointed under paragraph 1 or otherwise as the Court or judge, as the case may be, directs, and the same shall be done accordingly.
(2) Where such an order is made under sub-paragraph (1), the Council shall pay to the Postmaster General the like charges (if any) as would have been charged and payable-
9.
(a) in respect of an application or instructions by the addressee, in the case of a permanent change of his place of business, for the re-direction or delivery of postal packets to which the order relates to him at the address of the person to whom they are to be re-directed, sent or delivered under the order, during the time specified in the order; and
(b) in respect of the re-direction or re-transmission of any individual postal packet in accordance with the order, if the packet had been redirected or re-transmitted in accordance with such application or instructions as aforesaid.
In any case where the Council has taken possession of documents under paragraph 1, and has not been required to return them by virtue of paragraph 5, the following paragraphs shall apply, but without prejudice to the application of paragraph 16 so far as it affects any of the preceding paragraphs.
10. The Council may, by resolution in that behalf, take control of all sums of money due from the solicitor or his firm to, or held by him or his firm on behalf of, his or his firm's clients or subject to any trust of which he is the sole trustee or co-trustee only with one or more of his partners, employees or articled clerks, and for that purpose the Council shall serve on the solicitor or his firm, and, except where the provisions of section 26D apply, on any banker and on any other person having possession or control of any such sums of money a notice together with a certified copy of such resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 12 or 13. (Amended $8 of 1976 s. 14)
11. Within 14 days of the service of a notice under paragraph 10 the solicitor or his firm, or the banker 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 withdraw the notice and on the hearing of any such application the judge may make such order with respect to the matter as he may think fit.
12. Subject to the service of any notice under paragraph 10, and to any application that may be made under paragraph 11, the Council or any person in that behalf appointed by the Council may withdraw the moneys, or from time to time any part of the moneys, in any banking account in the name of the solicitor or his firm, and any moneys in the office of the solicitor or his firm due to or held on behalf of his clients, and pay them into a special account or special accounts in the name of the Council or such person appointed as aforesaid and may operate on, and otherwise deal with, such special account or accounts as the solicitor or his firm might have operated on, or otherwise dealt with, the said banking account:
Provided that a banker with whom such special account or accounts is or are kept shall be under no obligation to ascertain whether that account or those accounts is or are being so operated on or otherwise dealt with.
13. (1) Subject to paragraphs 11 and 12, the Council may serve a notice on the solicitor, or his firm or banker or other person upon whom a notice has been served under paragraph 10, directing that, immediately after the expiration of 8 days from the service of the first-mentioned notice, such moneys as are referred to in that notice be transferred in accordance with the directions of the Council:
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