Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 106

PROCEEDINGS RELATING TO SOLICITORS: THE LEGAL PRACTITIONERS ORDINANCE

(Past version on 01/07/1997).
(Past version on 30/06/1997).

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 
tribunal on an application or complaint under the Ordinance; (L.N. 275 of
1998)

"disciplinary tribunal" (紀律審裁組) means the Solicitors
Disciplinary Tribunal constituted in accordance with section 9B of the
Ordinance; (L.N. 275 of 1998)

"Society" (律師會) means The Law Society of Hong Kong. (L.N. 275 of 1998)

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 tribunal and
the Society. (L.N. 275 of 1998)

(3) The notice must be served within 21 days from the day on which the order
appealed against is pronounced. (L.N. 275 of 1998)

(4) (Repealed L.N. 275 of 1998)

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 tribunal's findings required by section 12 of the
        Ordinance,

   (b)  any document lodged by a party with the disciplinary tribunal 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 tribunal, of the evidence in
        the proceedings before the tribunal. (L.N. 275 of 1998)

(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 tribunal or, in the case of an application to that
tribunal 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.
(L.N. 275 of 1998)

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

The Court may direct the disciplinary tribunal 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 tribunal 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. (L.N. 275 of 1998)

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 tribunal and every other party
to the appeal and, if the appeal has been entered, by lodging a copy of the
notice in the Registry. (L.N. 275 of 1998)

(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)

"disciplinary tribunal" (紀律審裁組)

"Society" (律師會)