11. Sections 82 and 83 of the principal Act are repealed and the following sections substituted therefor:“Complaints against advocates and solicitors |
82.—(1) An application by any person that an advocate and solicitor be dealt with under this Part and any complaint of the conduct of an advocate and solicitor in his professional capacity shall in the first place be made to the Society and the Council shall refer the application or complaint to the Chairman of the Inquiry Panel.(2) The Council may on its own motion refer any information touching upon the conduct of an advocate and solicitor in his professional capacity to the Chairman of the Inquiry Panel. |
(3) The Supreme Court or any judge thereof or the Attorney-General may at any time refer to the Society any information touching upon the conduct of an advocate and solicitor in his professional capacity and the Council shall —(a) | refer the matter to the Chairman of the Inquiry Panel; or | (b) | where the Supreme Court or a judge thereof or the Attorney-General requests that the matter be referred to a Disciplinary Committee, apply to the Chief Justice to appoint a Disciplinary Committee. |
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(4) Where an application under subsection (1) or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity is referred to the Chairman of the Inquiry Panel, the Council shall inform the advocate and solicitor concerned that it has done so. |
(5) Where an application or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity is referred to the Chairman of the Inquiry Panel pursuant to subsection (1), (2) or (3), he shall forthwith constitute an Inquiry Committee consisting of —(a) | a chairman, being a member of the Inquiry Panel who is an advocate and solicitor; | (b) | a member of the Inquiry Panel who is an advocate and solicitor; | (c) | a member of the Inquiry Panel who is a lay person; and | (d) | a legal officer who has not less than 10 years’ experience, |
to inquire into the application, complaint or information. |
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(6) An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit. |
(7) The Chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee. |
(8) Any questions arising at any meeting of an Inquiry Committee shall be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the Chairman shall have a second or casting vote. |
(9) All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee and any resolution or decision in writing signed by all the members of an Inquiry Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Inquiry Committee where all its members were present. |
(10) Every written application or complaint received by the Society shall be supported by such statutory declarations or affidavits as the Chairman of the Inquiry Panel or of an Inquiry Committee may require. |
(11) An Inquiry Committee may require any person making a written application or complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $500 to cover necessary costs and expenses and in case the application or complaint is found to be frivolous or vexatious, the sum so deposited or such part thereof as the Inquiry Committee may determine shall be applied for the payment of those costs and expenses; otherwise the sum so deposited shall be returned to the person making the same. |
(12) A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he is a member has completed its work. |
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83.—(1) Subject to subsections (2), (3) and (4), an Inquiry Committee shall, within two weeks of its appointment, commence its inquiry into an application under section 82(1) or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity and report its findings to the Council —(a) | in any case where the members of the Inquiry Committee have decided not to call upon the advocate and solicitor concerned to offer any explanation or to answer the allegations made against him, not later than two months after the date of its appointment; and | (b) | in any other case, not later than two weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is earlier. |
(2) Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairman of the Inquiry Panel for an extension of the time to report its findings to the Council. |
(3) The Chairman of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he is satisfied that the circumstances of the case justify the grant of an extension of time except that any extension of time granted shall not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee. |
(4) No application for an extension of time may be made to the Chairman of the Inquiry Panel under subsection (2) on the expiry of two months after the date of the appointment of the Inquiry Committee. |
(5) Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it shall report to the Council accordingly and state the reasons for its decision. |
(6) Where an Inquiry Committee is of the opinion that an advocate and solicitor should be called upon to answer any allegation made against him, the Inquiry Committee shall post or deliver to the advocate and solicitor concerned —(a) | copies of any written application, complaint or information touching upon his conduct in a professional capacity and of any statutory declarations or affidavits that have been made in support of the application, complaint or information; and | (b) | a notice inviting the advocate and solicitor concerned to give within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee, |
and allow the time specified in the notice to elapse and shall give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall also give due consideration to any explanation (if any) given by him. |
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(7) The report of the Inquiry Committee shall, inter alia, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Committee and, if in the view of the Inquiry Committee no formal investigation by a Disciplinary Committee is required, the Inquiry Committee shall recommend to the Council —(a) | a penalty sufficient and appropriate to the misconduct committed; or | (b) | that the complaint be dismissed. |
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(8) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which may give rise to proceedings under this Part, the Inquiry Committee may decide on its own motion to inquire into that matter and report its findings to the Council. |
(9) For the purposes of conducting an inquiry, an Inquiry Committee may —(a) | appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary; | (b) | require the production for inspection by the Inquiry Committee or any person appointed by the Committee of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry and may require any person to give information in relation to such books, documents or papers; and | (c) | require the advocate and solicitor concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Inquiry Committee or by the person so employed. |
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(10) Any advocate and solicitor and any other person who without lawful excuse refuses or fails to produce to the Inquiry Committee or to any person whom the Committee may appoint for the purposes of an inquiry any books, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”. |
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