ADMISSION AND REGISTRATION RULES

ADMISSION AND REGISTRATION RULES

ADMISSION AND REGISTRATION RULES

ARRANGEMENT OF RULES

Rule ......................................Page

PART I

CITATION AND
INTERPRETATION

1. Citation ..................................................
......................................................... B2

2. Interpretation ........................B2

PART II

SOLICITORS

3. Notice of application for admission as solicitor B 2
4. Application for admission as solicitor B 3
5. Admission as solicitor ................B 3

6. Oath on admission as solicitor ....... ............................................
....................B 4
7. Form of roll of solicitors ........... ............. B 4

PART III

BARRISTERS

8. Application for admission as barrister B 4

9........Admission ..........................................................
................................................ B5

10.............Form of roll of barristers B6

PART IV

NOTARIES PUBLIC

11.........Registration ......................................................
......................................................... B 6

12. Form of register of notaries public .B 6

PART V

GENERAL

13. Exemption ............................B 6
Schedule. Forms ..........................B 7







ADMISSION AND REGISTRATION RULES
(Cap. 159, section 72)
[1August 1964] L.N.107of 1964

L.N. 99 of 1964 L.N. 128 of 1968, L.N. 21 of 1970, L.N. 30 of 1976, L.N. 212 of 1976, L.N. 55
of 1977, L.N. 274 of 1979, L.N. 41 of 1981, L.N. 198 of 1981, 80 of 1982 s. 3, L.N. 366 of
1983, L.N. 158 of 1985, R. Ed. 1985, L.N. 11 of 1986, L.N. 41 of 1986,31 of 1987, L.N.
312 of 1988. CV(? 0

PART 1

CITATION AND
INTERPRETATION

1. Citation

These rules may be cited as the Admission and Registration Rules.

2. Interpretation

In these rules, unless the context otherwise requires--,,articles' includes
original articles, new articles and further articles; 'certificate' includes a copy
certificate and a duplicate certificate; 'prescribed fee' means the fee prescribed by
rules made under section 72 of the Ordinance.

(L.N. 198 of 1981)

PART II

SOLICITORS

3. Notice of application for admission as solicitor

(1) Any person seeking to be admitted as a solicitor in accordance with the
provisions of section 4 of the Ordinance shall give to the Society notice in
accordance with Form 1 in the Schedule and shall pay to the Society the prescribed
fee.

(2) The Society, if it is satisfied that a person giving notice under subrule (1)
and seeking to be admitted as a solicitor in accordance with section 4(1)(a)(i) of the
Ordinance is entitled thereto, and has received adequate training in accordance with
the terms of his articles, shall issue to him

a certificate in accordance with Form 2 in the Schedule.(L.N. 198 of 1981)





(3) The Society, if it is satisfied that a person giving notice under subrule (1)
and seeking to be admitted as a solicitor in accordance with section 4(1)(a)(ii) of the
Ordinance is entitled thereto, shall issue to him a certificate in accordance with Form
3 in the Schedule. (L.N. 198 of 1981)


4. Application for admission as solicitor.

(1) Subject to rule 39(2) or (3), the person seeking to be admitted as a solicitor
shall file with the Registrar a motion paper to move the Court on such date as shall
be fixed by the Registrar, which shall not be less than 14 days after the filing of such
motion paper, and shall pay to the Registrar the prescribed fee. (L.N. 198 of 1981)

(2) Every such motion paper shall be accompanied by the certificate issued to
the person in accordance with rule 3(2) or (3) and

(a) in the case of a person seeking admission by virtue of sec

tion 4(1)(a)(i) of the Ordinance and of rule 20 of the Articled Clerks
Rules (Cap. 159 sub. leg.), the certificate of the 2 Benchers referred to
in that rule;

(b) in the case of a person seeking admission by virtue of sec

tion 4(1)(a)(i) of the Ordinance and not by virtue of rule 20 of the
Articled Clerks Rules (Cap. 159 sub. leg.)

(i) the articles under which such person served his term; and

(ii)a declaration as to service under articles in accordance with Form
4 in the Schedule; and

(c) in the case of a person seeking admission by virtue of sec

tion 4(1)(a)(ii) of the Ordinance-
(i) his certificate of admission;

(ii)a certificate from the proper authority issuing such certificate for
admission that the certificate of admission is still valid and in
force; and (L.N. 41 of 1981)

(iii) (Repealed L.N. 41 of 1981)

(iv)an affidavit of identity in accordance with Form 5 in the Schedule
completed by an officer of the Court. (L.N. 198 of 1981)

(3) A copy of the motion paper referred to in subrule (1) and of every document
accompanying the motion paper in accordance with subrule (2) shall be served on
the Attorney General and on the Society by the person seeking to be admitted at the
time that such motion paper is filed with the Registrar. (L.N. 198 of 1981)

5. Admission as solicitor

(1) On the date of hearing of the motion under rule 4 or any adjournment
thereof by the Court, the Attorney General, or a member of the Society





appointed for that purpose by the Society or Counsel shall move the Court that the
person concerned be admitted and enrolled as a solicitor.

(2) The Court, upon hearing the Attorney General, such member of the Society
or Counsel and upon hearing any representation which may be made by or on behalf
of the Society or of the Attorney General and upon being satisfied that the applicant
is eligible for admission as a solicitor, may order that the applicant be admitted as a
solicitor or, if the Court is not so satisfied, may dismiss the application upon such
terms as regards costs or otherwise as the Court may deem appropriate.

(3) The Registrar shall deliver to every person who is admitted as a
solicitor by virtue of the provisions of section 4(1) of the Ordinance, as soon as
is practicable after the admission of such person, a certificate of such admission.
(L.N. 41 of 1981; L.N. 312 of 1988)

6. Oath on admission as solicitor

Before a person who has been ordered to be admitted as a solicitor in
accordance with rule 5(2) is so admitted, he shall subscribe the oath following

'I, A.B., do swear (or solemnly, sincerely and truly declare and affirm) that 1 will
truly and honestly conduct myself in the practice of solicitor, according to the best
of my knowledge and ability. So help me God.': Provided that in the case of a
declaration or affirmation the last 4 words of such oath shall be omitted.

(L.N. 55 of 1977; L.N. 274 of 1979; L.N. 198
of 1981)

7. Form of roll of solicitors

The roll of solicitors shall be in accordance with Form 7 in the Schedule.

PART III

BARRISTERS

8. Application for admission as barrister

(1) Any person seeking to be admitted as a barrister shall file with the Registrar
a motion paper to move the Court on such date as shall be fixed by the Registrar,
which shall not be less than

(a)30 days after the filing of the motion paper, if he is seeking to be
admitted generally; or

(b)14 days after the filing of the motion paper, if he is seeking to be
admitted for the purpose of any particular case or cases,
and shall pay to the Registrar the prescribed fee.





(2) Every motion paper in respect of a person seeking to be admitted as a
barrister generally shall be accompanied by

(a) (i) his certificate of call to the Bar in England or Northern
Ireland;

(ii) his certificate of admission as an advocate in Scotland;

(iii) his Bachelor of Laws degree certificate awarded by the
University of Hong Kong and his Post Graduate Certificate in
Laws awarded by that University; or

(iv) his Post Graduate Certificate in Laws awarded by the University
of Hong Kong, together with satisfactory evidence that he is a
Hong Kong permanent resident within the meaning of the
Immigration Ordinance (Cap. 115), or is a Commonwealth citizen
or citizen of the Republic of Ireland who has been ordinarily
resident in Hong Kong for a period of at least 7 years; (31 of 1987
s. 28)

(b)an affidavit of identity in accordance with Form 5 in the Schedule
completed by an officer of the Court; and

(e)an affidavit showing the manner in which he satisfies the requirements
of section 27(1) of the Ordinance.

(3) (a) Every motion paper in respect of a person seeking to be admitted
as a barrister for the purpose of any particular case or cases shall
be accompanied by an affidavit showing the manner in which he
satisfies the requirements of section 27(1) of the Ordinance, other
than those mentioned in paragraph (e) thereof.

(b)The Chief Justice may, in circumstances where it appears to him
necessary, require that the motion paper in respect of any person
referred to in paragraph (a) shall, in addition to the affidavit referred to
in that paragraph, be accompanied by

(i) any other document referred to in subrule (2); or

(ii)such other proof as the Chief Justice may consider satisfactory,
of the matters evidenced by any document referred to in subrule
(2).

(4) A copy of the motion paper referred to in subrule (1) and of every

document accompanying the motion paper in accordance with subrules (2) and-
(3) shall be served on the Attorney General and on the Secretary to the Bar
Committee by the person seeking to be admitted at the time that such motion
paper is filed with the Registrar. (L.N. 41 of 1986)

(L.N. 11 of 1986)

9. Admission

(1) On the date of hearing of the motion under rule 8 or any adjournment
thereof by the Court, the Attorney General or Counsel shall move the Court





that the person concerned by admitted and enrolled as a barrister. (L.N. 198 of
1981)

(2) The Court, upon hearing the Attorney General or such Counsel and upon
hearing any representation which may be made by or on behalf of the Bar Committee
or of the Attorney General and upon being satisfied that the applicant is eligible for
admission as a barrister, may order that the applicant be admitted as a barrister or, if
the Court is not so satisfied, may dismiss the application upon such terms as regards
costs or otherwise as the Court may deem appropriate.

10. Form of roll of barristers

The roll of barristers shall be in accordance with Form 8 in the Schedule.

PART IV

NoTARiEs PUBLIC

11. Registration

(1) Any person seeking to be registered as a notary public shall produce to the
Registrar for registration his notarial faculty and shall file with the Registrar an
affidavit of identity in accordance with Form 5 in the Schedule completed by an
officer of the Court.

(2) The Registrar, on payment to him by the applicant of the prescribed fee and
upon being satisfied that the applicant is entitled to registration, shall register the
applicant as a notary public.

12. Form of register of notaries public

The register of notaries public shall be in accordance with Form 9 in the
Schedule.

PART V

GENERAL

13. Exemption

The Chief Justice on special grounds and upon such conditions as he may
consider necessary may exempt any person from any of the formalities prescribed by
these rules, either absolutely or for any specified period, and may reduce or abridge
any of the periods of notice prescribed by these rules upon any such conditions:





Provided that no order shall be made by the Chief Justice under this rule in
respect of a person applying to be admitted as a solicitor unless the Society shall
have been given such notice thereof and of the date of hearing as the Chief Justice
may consider appropriate in the case and shall have been given an opportunity of
being heard thereon.

SCHEDULE

FORMS

FORM1 [rule 3(1)

ADMISSION AND REGISTRATION
RULES

NOTICE OF INTENTION TO APPLY FOR ADMISSION

To: The Law Society of Hong Kong.

TAKE NOTICE that

I, ......................................................

of
intend to apply for admission as a solicitor by virtue of subparagraph (i)/ (ii)* of section 4(1)(a) of
the Legal Practitioners Ordinance.

2. 1 am a Commonwealth citizen/have been ordinarily resident in Hong Kong for a
continuous period of not less than 7 years* and I am over the age of 21 years.

3. Please furnish me with the certificate required by rule 3(2) of the Admission and Registration
Rules, [upon my satisfying you as to my service under articles and the production to you of a
Declaration as to Service under Articles in accordance with rule 4 of those Rules]*.

Dated this .......................day of 19

(Sgd-) ........................................................................................................

Delete whichever is inapplicable.

(L.N. 21 of 1970; L.N. 212 of 1976; 80 of 1982 s. 3)

4

FORM 2 [rule 3(2)

ADMISSION AND REGISTRATION
RULES

CERTIFICATE AS TO PASSING EXAMINATIONS, ETC.

THIS IS TO CERTIFY THAT

............................................

of .........................................
...................................................





(1) on the ......................day of .19 served notice on

The Law Society of Hong Kong of his intention to apply for admission as a solicitor by virtue
of the provisions of section 4(1)(a)(i) of the Legal Practitioners Ordinance;

(2)has passed or obtained or been granted total exemption from the examinations prescribed by
rule 14(b) of the Articled Clerks Rules;

(3) has served articles of clerkship for a period of months/years

to the satisfaction of the Society in accordance with the provisions of the said rules; and

(4) is in other respects fit to be an officer of the Court.

Dated this ....................day of ........................... 19

(Sgd.) .....................................
...............................

Secretary to The Law Society of Hong Kong.
(L.N. 21 of 1970; L.N. 41 of 1981; L.N. 198 of
1981)

FORM 3 [rule 3(2)

ADMISSION AND REGISTRATION
RULES

CERTIFICATE AS TO NOTICE OF APPLICATION

THIS IS TO CERTIFY THAT

.........1 .................................................

0 ..... .. ..... ........ ..

on the ............day of ....... ..19 1 served notice on

The Law Society of Hong Kong of his intention to apply for admission as a solicitor by virtue of
the provisions of section 4(1)(a)(ii) of the Legal Practitioners Ordinance.

Dated this ...................day of 19

(Sgd.) ..................

Secretary to The Law Society of Hong Kong.

....(L.N. 21 of
1970)

FORM 4 [rule 4(2)]

ADMISSION AND REGISTRATION
RULES

DECLARATION AS TO SERVICE UNDER ARTICLES

To: The Registrar of the Supreme Court.

We . .. .............................................................
.................................................................... of

.......
Articled







................... of

Clerk

do solemnly .. ......m,n- l*y, .......an-d-'s in'c'e'r'e'l'y d'e'c'l *a,r-
e, 'a's ....f'o'l'l'o ...w's' ------- .. Principal,





(a) I, the said Articled Clerk for myself say as follows-

1 I am a Commonwealth citizen/have been ordinarily resident in Hong Kong for a total
period of not less than 7 years*.

2.r was bound by articles dated
.............................................................................................. to the person mentioned in
the first column of the First Schedule (the Principal) for the period set out opposite
thereto in the second column.

3.Save as indicated in paragraph (s) 4 and 5*/1 have actually exclusively and bona fide been
employed as an Articled Clerk with the Principal.

4.Save as mentioned in the Second Schedule*/I have not held any office or engaged in any
employment other than the employment of my Principal.

5.1 have been absent from the office of my Principal for the period or periods mentioned
in the first column of the Third Schedule for the reasons set out opposite thereto in the
third column*.

6.1 have complied with the requirements of rule 14(b) of the Articled Clerks Rules as to the
passing of examinations and the evidence in support accompanies this declaration or
another declaration if I have been articled to more than one Solicitor.

7.I confirm that during the period of my Articles 1 have learned in the office of my
Principal the following basic skills and characteristics associated with the practice and
profession of a Solicitor marked X in the appropriate box

(1) Drafting documents ..................................

(2) Communication with clients and others ......................................................
(3) Research .....................................................................................................

(4) Office routines, procedures and costs ..................................................

8.1 confirm that during the period of my Articles 1 have gained reasonable experience in
the office of my Principal in at least 3/2* of the following basic legal topics marked X in
the

appropriate box (and in the office of .................... another practising
Solicitor or

qualified person entitled to take an Articled Clerk, in at least 1 of the following basic legal
topics marked Z in the appropriate box)*-
(1) Conveyancing .............................................................................................
(2) Commercial or corporate law .....................................................................
(3) Family law ..................................................................................................
(4) Civil litigation .............................................................................................

(5) Criminal litigation

(6) Wills, Probate and Trusts
(7) Trade Marks, Patents, Copyrights
(8) Such other legal topic as may be determined from time to time by the
Society ....................................E]
(b) AND I, the said Principal for myself say as follows-

1.At the time of execution of the Articles I was and have remained a duly admitted and
qualified practising Solicitor/qualified in accordance with rule 6(3) of the Articled Clerks
Rules*.

2.1 have read paragraphs 2, 3, 4 and 5 of the declaration made by the Articled Clerk and
the contents thereof are true to the best of my knowledge, information and belief.





3.With regard to paragraph 7 of the said declaration, I confirm that during the term of
the Articles, 1 have provided the Articled Clerk with the opportunity to learn in my
office the basic skills and characteristics associated with the practice and profession of a
Solicitor as enumerated therein by the Articled Clerk.

4.With regard to paragraph 8 of the said declaration, 1 confirm that during the term of
the Articles, 1 have provided the Articled Clerk with the opportunity to gain reasonable
experience in my office (and in the office of another practising Solicitor or qualified
person entitled to take an Articled Clerk)* the basic legal topics as enumerated therein
by the Articled Clerk.

5.1 consider the Articled Clerk to be a fit and proper person to be admitted as a Solicitor
of the Supreme Court of Hong Kong.

AND we make this solemn declaration conscientiously believing the same to be true and by
virtue of the Oaths and Declarations Ordinance (Cap 11).

DECLARED at ..................................................

HONG KONG this ....day of
.................. 19

Before me,

Commissioner for Oaths/ Solicitor.

FIRST SCHEDULE

Name and address Period for which bound

of Principal

SECOND SCHEDULE

Details of other offices/employment (if
any)





THIRD SCHEDULE

Periods of absence With/without consent
(if any) of PrincipalReasons

Note: 1. Separate declarations must be made in the case of two
or more Principals.
2. Delete if inapplicable.
3. Applicable only to those Articled Clerks articled on or
after 26 June 198 1.

(L.N. 198 of 1981; 80 of 1982 s.
3)

FORM 5 [rules 4, 8 11]

ADMISSION AND REGISTRATION
RULES

AFFIDAVIT OF IDENTITY

1 . ..............of

Hong Kong, Solicitor, make oath and say (or solemnly and sincerely declare and
affirm) as

follows-

1. The photograph attached hereto and
marked

is a true likeness of of

Hong Kong, a
.........................................................................................................................
the applicant herein.

2. 1 am well acquainted with the said
............................................................................... and have known him for more than
5 years.

OR

(b)........................2. 1 have examined passport No . of the said

and I am satisfied that from such examination that he is the person shown in the
photograph
attached hereto and that he is the applicant in these proceedings.

SWORN/DECLARED at Hong Kong

this .day of .....19

Before me

Commissioner for Oaths/
Solicitors.





A solicitor of the Supreme Court of Judicature in England. A
solicitor of the Supreme Court of Judicature in Scotland. A solicitor
of the Supreme Court of Judicature in Northern Ireland. A barrister
of the English Bar. An advocate of the Scottish Bar.

ù barrister of the Northern Ireland Bar.

ù notary public.

ù holder of the Post Graduate Certificate in Laws awarded by the University of Hong Kong.

(a) For use wherever possible.

(b)For use only where the applicant is domiciled out of Hong Kong and it is impracticable to provide a person in Hong Kong who has
known him for more than 5 years.

(L.N. 212 of 1976; L.N. 41 of 1981; L.N. 198 of
1981)

FORM 6

(Repealed L.N. 312 of1988)

FORM 7 [rule 71

ADMISSION AND REGISTRATION RULES

ROLL OF SOLICITORS

............................ ..........was duly

admitted to practise as a Solicitor of the Supreme Court of Hong Kong on the
.................................

day of ...........19

.. ...............

Registrar,
Supreme Court,
Hong Kong.
(L.N. 212 of 1976; L.N. 41 of 1981)

FORM 8 [rule 101

.............ADMISSION AND REGISTRATION RULES
....................ROLL OF BARRISTERS
.......was admitted as a barrister of the Supreme Court of Hong Kong
on the ...................day of 19

Registrar,
Supreme Court,
Hong Kong.
(L.N. 212 of 1976)





FORM 9 [rule 121
ADMISSION AND REGISTRATION RULES
REGISTER OF NOTARIES PUBLIC

Name Date of Date of Affidavit
Production of Registry of Identity

Notarial Faculty when filed

https://oelawhk.lib.hku.hk/items/show/2718

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