On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 31/12/2001.
85.
—(1) Any complaint of the conduct of an advocate and solicitor shall in the first place be made to the Society and the Council shall refer the complaint to the Chairman of the Inquiry Panel.
[30/86; 15/89; 41/93]
(2) The Council may on its own motion refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel.
[15/89; 41/93]
(3) Any Judge of the Supreme Court or the Attorney-General may at any time refer to the Society any information touching upon the conduct of any advocate and solicitor and the Council shall —
(a)
refer the matter to the Chairman of the Inquiry Panel; or
(b)
where the Judge or the Attorney-General requests that the matter be referred to a Disciplinary Committee, apply to the Chief Justice to appoint a Disciplinary Committee.
[30/86; 15/89; 41/93; 35/2001]
(4) Notwithstanding subsections (1), (2) and (3), where 2 or more complaints or information touching upon the conduct of an advocate and solicitor have been received by the Council, including any complaint which had been referred to a Disciplinary Committee under section 89, the Council may with the leave of the court refer to the Chairman of the Inquiry Panel one or more complaints or information which in its opinion are more serious in nature first and defer the referral of the remaining complaints or information.
[15/89; 41/93]
(5) Where any complaint or information touching upon the conduct of an advocate and solicitor is referred to the Chairman of the Inquiry Panel, the Council shall inform the advocate and solicitor concerned that it has done so.
[15/89; 41/93]
(6) Where any complaint or information touching upon the conduct of any advocate and solicitor is referred to the Chairman of the Inquiry Panel under subsection (1), (2) or (3), the Chairman shall immediately constitute one or more Review Committees consisting of —
(a)
a chairman, being the Chairman himself or a member of the Inquiry Panel who is an advocate and solicitor; and
(b)
a legal officer who has not less than 10 years’ experience,
to review the complaint or information within 2 weeks of its constitution.
[15/89; 41/93; 35/2001]
(7) A Review Committee may, in the course of a review under subsection (6), require the complainant or the advocate and solicitor concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review.
[35/2001]
(8) On the completion of a review under subsection (6), a Review Committee shall —
(a)
direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or
(b)
in any other case, refer the matter back to the Chairman of the Inquiry Panel.
[35/2001]
(9) The Council shall, within 7 days of receiving any direction under subsection (8)(a) —
(a)
give effect to the direction to dismiss the matter; and
(b)
inform the complainant and the advocate and solicitor concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing.
[35/2001]
(10) Where any complaint or information touching upon the conduct of any advocate and solicitor is referred back to the Chairman of the Inquiry Panel under subsection (8)(b), the Chairman shall immediately 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 complaint or information.
[35/2001]
(11) A member of a Review Committee who has reviewed any matter concerning any advocate and solicitor shall not be a member of an Inquiry Committee inquiring into the same matter.
[35/2001]
(12) 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.
[15/89]
(13) The Chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.
[15/89]
(14) 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 of the Inquiry Committee shall have a second or casting vote.
[15/89]
(15) All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.
[15/89]
(16) 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.
[15/89]
(17) Every 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.
[15/89; 41/93]
(18) An Inquiry Committee may require any person making a complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $500 to cover necessary costs and expenses.
[15/89]
(19) Where the 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.
[15/89; 41/93]
(20) 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.
[15/89]
(21) Any person who makes a complaint to the Society under this Part which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[35/2001]