ORDER – Jambar v AG & GLC January 25 2018

ORDER

WITHOUT PREJUDICE to the interests of the parties and the decision of the Court in the substantive appeal SCCA No 35 of 2017, IT IS HEREBY ORDERED from the date hereof, until the determination of the said appeal or until further orders that:

  1. There shall be a stay of the enforcement of the following provisions contained in the instruments listed hereunder in so far as they relate to attorneys-at-law:
    1. the Proceeds of Crime Act, section 91A(2) (save and except s. 91A(2)(b)); sections 94(2) and 95 in so far as they require attorneys-at-law to report suspicious transactions directly to the Financial Investigation Division (FID);
    2. any provision under the Proceeds of Crime (Money Laundering Prevention) Regulations and the General Legal Council of Jamaica Anti-Money Laundering Guidance for the Legal Profession which are connected to the enforcement of the statutory provisions contained in paragraph 1(a) of this order; and
    3. the amendment to Canon IV of the Legal Profession Act (Canons of Professional Ethics) to remove the proviso that enjoin attorneys-at-law to reveal the confidence or secrets of their clients in accordance with the Proceeds of Crime Act and the Regulations made under that Act.
  2. In respect of the annual declaration of activities by attorneys-at-law filed pursuant to section 5(3C) of the Legal Profession Act, the General Legal Council shall not make any disclosure of any information contained therein or take any action pursuant to section 91A(2) of the Proceeds of Crime Act.

 AND IT IS FURTHER ORDERED THAT:

  1. The appellants’ attorneys-at-law are to prepare file and serve this order.
  2. No orders as to costs.
  3. Liberty to apply.

Comments invited