Hong Kong Regulations

THE RULES OF THE SUPREME COURT - ORDER 106

PROCEEDINGS RELATING TO SOLICITORS: THE LEGAL PRACTITIONERS ORDINANCE

Caution: This is a past version. See the current version here.

1. Definitions (O. 106 r. 1)

In this Order- "the Ordinance" (條例) means the
Legal Practitioners Ordinance ( Cap 159); "appeal" (上訴) means an appeal
against any order made by the disciplinary committee on an application or
complaint under the Ordinance; "the disciplinary committee"
(紀律審裁小組) means the committee appointed under section 9 of the
Ordinance; "Society" (律師會) means The Law Society of Hong Kong.

2. Jurisdiction under Part VI of the Ordinance exercisable
by judge in chambers, etc. (O. 106 r. 2)

(1) Any application to the Court under Part VI of the Ordinance may be
disposed of in chambers.

(2) The jurisdiction of the Court under Part VI of the Ordinance may be
exercised by a judge in chambers.

3. Power to order solicitor to deliver
cash account, etc. (O. 106 r. 3)

(1) Where the relationship of solicitor and client exists or has existed,
the Court may, on the application of the client or his personal
representative, make an order for-

   (a)  the delivery by the solicitor of a cash account;

   (b)  the payment or delivery up by the solicitor of money or securities;

   (c)  the delivery to the plaintiff of a list of the moneys or securities
        which the solicitor has in his possession or control on behalf of the
        plaintiff;

   (d)  the payment into or lodging in court of any such moneys or securities.

(2) An application for an order under this rule must be made by
originating summons.

(3) If the defendant alleges that he has a claim for costs, the  Court may
make such order for the taxation and payment, or securing the payment, thereof
and the protection of the defendant's lien, if any, as the Court thinks fit.

5. Form of originating summons (O. 106 r. 5)

An originating summons by which an application under the Ordinance, or any
application for an order under rule 3, is made shall be in Form No. 10 in
Appendix A.

10. Service of documents (O. 106 r. 10)

(1) Any document required to be served on the Society in proceedings under
this Order shall be served by sending it by prepaid post to the secretary of
the Society.

(2) Subject to paragraph (1), any document not required to be served
personally which is to be served on a defendant to proceedings under this
Order shall, unless the Court otherwise directs, be deemed to be properly
served by sending it by prepaid post to the defendant at his last known
address.

11. Constitution of the Court of Appeal
to hear appeals (O. 106 r. 11)

Every appeal shall be heard by the Court of Appeal consisting, unless the
Chief Justice otherwise directs, of not less than 3 judges.

12. Title, service, etc. of notice of motion (O. 106 r. 12)

(1) The notice of the originating motion by which an appeal is brought must be
entitled in the matter of a solicitor, or, as the case may be, a solicitor's
clerk, without naming him, and in the matter of the Ordinance.

(2) Unless the Court otherwise orders, the persons to be served with such
notice are every party to the proceedings before the disciplinary committee
and the Society.

(3) Order 55, rule 4(2), shall apply in relation to the appeal as if for the
period of 28 days therein specified there were substituted a period of 14
days.

(4) Order 55, rule 4(4), shall not apply and the said period of 14 days shall
begin with the day on which the order appealed against was pronounced.

13. Society to produce certain documents (O. 106 r. 13)

(1) Within 7 days after being served with notice of the originating motion by
which an appeal is brought the Society must lodge in the Registry 3 copies of
each of the following documents-

   (a)  the order appealed against, prefaced by the statement of the
        disciplinary committee's findings required by section 12 of the
        Ordinance,

   (b)  any document lodged by a party with the disciplinary committee which
        is relevant to a matter in issue on the appeal, and

   (c)  the transcript of the shorthand note, or, as the case may be, the note
        taken by the chairman of the disciplinary committee, of the evidence
        in the proceedings before the committee.

(2) At the hearing of the appeal the Court shall direct by whom the costs
incurred in complying with paragraph (1) are to be borne and may order them to
be paid to the Society by one of the parties notwithstanding that the Society
does not appear at the hearing.

14. Restriction on requiring security
for costs (O. 106 r. 14)

No person other than an appellant who was the applicant in the proceedings
before the disciplinary committee or, in the case of an application to that
committee by a solicitor to procure his name to be removed from the roll, was
an objector, shall be ordered to give security for the costs of an appeal.

15. Disciplinary committee's opinion
may be required (O. 106 r. 15)

The Court may direct the disciplinary committee to furnish the Court with a
written statement of their opinion on the case which is the subject-matter of
an appeal or on any question arising therein, and where such a direction is
given, the clerk to the disciplinary committee must as soon as may be lodge 3
copies of such statement in the Registry and at the same time send a copy to
each of the parties to the appeal.

16. Persons entitled to be heard on appeal (O. 106 r. 16)

A person who has not been served with notice of the originating motion by
which an appeal is brought but who desires to be heard in opposition to the
appeal shall, if he appears to the Court to be a proper person to be so heard,
be entitled to be so heard.

17. Discontinuance of appeal (O. 106 r. 17)

(1) An appellant may at any time discontinue his appeal by serving notice of
discontinuance on the clerk to the disciplinary committee and
every other party to the appeal and, if the appeal has been entered, by
lodging a copy of the notice in the Registry.

(2) Where an appeal has been discontinued in accordance with paragraph (1), it
shall be treated as having been dismissed with an order for payment by the
appellant of the costs of and incidental to the appeal, including any costs
incurred by the Society in complying with rule 13(1). (Enacted 1988) "the
Ordinance" (條例) "appeal" (上訴) "the disciplinary committee"
(紀律審裁小組) "Society" (律師會)