s 90 Taking of possession of property in Counsel’s possession when he is undischarged bankrupt, etc.
(1) Where an advocate and solicitor practises in his own name or as a sole advocate and solicitor under a firm name and— (a) is an undischarged bankrupt or a receiving order in bankruptcy is in force against him; (b) has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; (c) has had an order of committal or an order for the issue of a writ of attachment made against him; or (d) is a mentally disordered person or patient as defined by the* Mental Disorder Ordinance 1952 [Ord. 31 of 1952], and the Bar Council or State Bar Committee have reasonable cause to believe that in consequence of the act, default or disability of the advocate and solicitor or of any clerk or servant of his— (i) there has been undue delay in connection with any matter in which the advocate and solicitor or his firm has been instructed on behalf of a client on any matter which relates to the administration of a trust of which the advocate and solicitor is the sole trustee or co-trustee with one or more of his clerks or servants; or (ii) any sum of money due from that advocate and solicitor or his firm to, or held by him or his firm on behalf of, his clients or subject to any trust of which he is such sole trustee or co-trustee as aforesaid is in jeopardy while in the control or possession of that advocate and solicitor or his firm, the Schedule to this Act, other than paragraph 7 thereof, shall apply in relation to that advocate and solicitor: Provided that for the purposes of the proviso to paragraph 6 of the Schedule, the Bar Council may take copies of, or extracts from, documents which relate to any matter referred to in subparagraph (i) of this section or to any sum of money referred to in subparagraph (ii) of this section or to that matter or sum of money, as the case may be, and to other matters in the advocate and solicitor’s practice. (2) In this section, the words “trust” and “trustee” have the same meanings as in subsection 78(6). *NOTE—This Ordinance would be repealed and replaced by the Metal Health Act 2001 which has not yet come into force–See section 93 Act 615.