1989 Ed.]
Legal Practitioners
[CAP. 159
59
Provided that-
(a) no such directions shall be given by the Council except with the approval of the person to whom the said moneys belong, being in the case of a trust the trustee, and, where the solicitor is the sole trustee of a trust or a co-trustee thereof only with one or more of his partners, clerks or servants, the person beneficially entitled to such moneys; and
(b) the person upon whom such first-mentioned notice has been served as aforesaid shall be under no obligation to ascertain whether such approval has been obtained.
(2) In any case where the Council is unable to ascertain the person to whom the said moneys belong or where the Council otherwise thinks it expedient so to do, the Council may apply to the High Court or a judge thereof for directions as to the transfer of such moneys.
14. If any person fails to comply with the requirements of any notice given under paragraph 10 or 13-
(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 requirements of the notice within such time as may be specified in the order.
15. Subject to any order for the payment of costs, that may be made on an application under paragraph 2, 5, 7, 8, 11, 13(2) or 14, any costs incurred by the Council for the purposes of this Schedule shall be paid by the solicitor and shall be recoverable from him as a debt owing to the Council.
16. The Council may make rules with respect to the procedure to be followed in giving effect to the provision of paragraphs 1, 3, 4, 6, 10, 12 and 13(1) and with respect to any matters incidental, ancillary or supplemental to those provisions.
(Schedule 2 added 25 of 1968 s. 16. Amended 9 of 1975 s. 59; 52 of 1980 s. 2)
[cf. 1965 c. 31 Sch. 1 U.K]
1989 Ed.]
Legal Practitioners
[CAP. 159
59
Provided that-
(a) no such directions shall be given by the Council except with the approval of the person to whom the said moneys belong, being in the case of a trust the trustee, and, where the solicitor is the sole trustee of a trust or a co-trustee thereof only with one or more of his partners, clerks or servants, the person beneficially entitled to such moneys; and
(b) the person upon whom such first-mentioned notice has been served as aforesaid shall
be under no obligation to ascertain whether such approval has been obtained.
(2) In any case where the Council is unable to ascertain the person to whom the said moneys belong or where the Council otherwise thinks it expedient so to do, the Council may apply to the High Court or a judge thereof for directions as to the transfer of such moneys.
14. If any person fails to comply with the requirements of any notice given under paragraph 10 or 13-
(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 requirements of the notice within such time as may be specified in the order.
15. Subject to any order for the payment of costs, that may be made on an application under paragraph 2, 5, 7, 8, 11, 13(2) or 14, any costs incurred by the Council for the purposes of this Schedule shall be paid by the solicitor and shall be recoverable from him as a debt owing to the Council.
16. The Council may make rules with respect to the procedure to be followed in giving effect to the provision of paragraphs 1, 3, 4, 6, 10, 12 and 13(1) and with respect to any matters incidental, ancillary or supplemental to those provisions.
(Schedule 2 added 25 of 1968 s. 16. Amended 9 of 1975 s. 59; 52 of 1980 s. 2)
[cf. 1965 c. 31 Sch. 1 U.K]
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