BARRISTERS (QUALIFICATION) RULES

BARRISTERS (QUALIFICATION) RULES

BARRISTERS (QUALIFICATION) RULES

159. sections 72 and 72A)

[19 January 1973.1

1. These rules may be cited as the Barristers (Qualification) Rules.

2. (1) Where a person is admitted as a barrister generally under section
27(1)(a)(i) or (ii) of the Ordinance before 1 June 1986, the qualifying period of
active practice for the purposes of section 31 of the Ordinance shall be a period
of not less than 12 months of active practice as a barrister or advocate in any
part of the Commonwealth after the date of that person's call to the Bar in
England or Northern Ireland or his admission as an advocate in Scotland or, in
the case of a person who, prior to his call to the Bar in England or Northern
Ireland or admission as an advocate in Scotland, had been admitted as a barrister
or advocate in any part of the Commonwealth, after the date of his being so
admitted, which period may include

(a)if the person has obtained a certificate issued by the Council of Legal
Education that he has satisfactorily completed the Council's Post
Final Practical Course, the period of such course;

(b)any period spent as a pupil in the chambers of a practising barrister
in England or Northern Ireland or of a practising member of the
Faculty of Advocates in Scotland;

(e)any period spent as a pupil in the chambers of a practising barrister
in Hong Kong;

(d)any period not exceeding 9 months spent as a pupil in the Attorney
General's Chambers, which period may include a period not
exceeding 3 months on secondment to the Legal Aid Department.

(2) The period of 12 months specified in paragraph (1) shall be reduced

(a)by the period of any course referred to in sub-paragraph (a) of that
paragraph completed before the date of call to the Bar in England or
Northern Ireland or admission as an advocate in Scotland;

(b)by any period spent as a pupil in the chambers of a practising
barrister in England or Northern Ireland or of a practising member of
the Faculty of Advocates in Scotland after taking all the
examinations the passing of which qualifies a person for call to the
Bar in England or Northern Ireland or for admission as an advocate in
Scotland if the pupil passes those examinations and is





called to the Bar or is admitted, as the case may be, on the next
occasion immediately following the commencement of the
pupillage;

(c)by any period not exceeding one month spent as ajudge's
marshall after the date of call to the Bar in England or Northern
Ireland or admission as an advocate in Scotland.

(3) Where a person is admitted as a barrister generally under
section 27(1)(a)(iii) or (iv) of the Ordinance before 1 June 1986, the
qualifying period of active practice for the purposes of section 31 of the
Ordinance shall be the period of approved pupillage under these rules,
which period may include any period spent as a pupil in the chambers of
a practising barrister in England or Northern Ireland or of a practising
member of the Faculty of Advocates in Scotland.

2A. Where a person is admitted as a barrister for the purpose of
any particular case or cases under section 27 of the Ordinance, the
qualifying period of active practice for the purposes of section 31 of the
Ordinance shall be a period of not less than 12 months of active practice
as a barrister or advocate in any part of the Commonwealth after the date
of that person's call to the Bar in England or Northern Ireland or his
admission as an advocate in Scotland or, in the case of a person who,
prior to his call to the Bar of England or Northern Ireland or admission as
an advocate in Scotland, had been admitted as a barrister or advocate in
any part of the Commonwealth, after the date of his being so admitted.

2B. Where a person is admitted as a barrister generally under
section 27M e Ordinance on or after 1 June 1986, the qualifying period
active practice for the purposes of section 31 shall be the period of
approved pupillage under these rules.

3. A person desiring to become a pupil in Hong Kong shall-

(a)give to the Secretary to the Bar Committee not less than 3
weeks' notice in writing of his intention to serve a pupillage in
Hong Kong, stating whether he wishes to serve his pupillage

(i) with a practising barrister; or

(ii) in the Attorney General's Chambers,

and if with a practising barrister, stating the name and
professional address of that barrister;

(b)deposit with the Bar Committee a certificate from the Registrar
of the Supreme Court that the applicant has been admitted as a
barrister in Hong Kong and separate certificates of good
character from two responsible persons who have known him
for one year or more and have had opportunity of judging his
character;

(c)deposit with the Bar Committee a written declaration and
undertaking that





(i) he is not in practice as a solicitor either on his own
account or as a partner or employee in any legal firm
whether in Hong Kong or elsewhere and that he does not
intend, so long as he remains a pupil, to practise as a
solicitor either on his own account or as a partner or
employee in any firm in Hong Kong or elsewhere;
(ii) he is not enrolled and, so long as he remains a pupil,
will not be enrolled as a student, articled clerk or member
of The Law Society of Hong Kong.

4. A practising barrister shall not receive a pupil into his
chambers unless he has first obtained the approval of the Bar
Committee to the pupillage.

5. A person shall not be eligible to become a pupil for the
purposes of these rules if he-

(a) is an undischarged bankrupt;

(b)has been convicted of a criminal offence of such a nature
as, in the opinion of the Bar Committee, makes his
admission as a pupil undesirable;

(e)is engaged in any occupation which, in the opinion of the
Bar Committee, is incompatible with pupillage; or

(d)is for any other reason considered by the Bar Committee to
be unsuitable as a pupil.

6. The Bar Committee shall, if it is satisfied that the applicant
has complied with the requirements of rule 3 that he is a fit and
suitable person and is not ineligible by virtue of rule 5, and if he
wishes to serve his pupillage with a practising barrister, that the
practising barrister with whom he wishes to serve his pupillage has
obtained the approval of the Bar Committee to the pupillage under
rule 4, approve him as a pupil.

7. (1) A pupil who, while serving pupillage, is-

(a) adjudicated bankrupt;

(b) convicted of a criminal offence; or

(c)engaged, employed or enrolled in contravention of his
written declaration and undertaking,

shall forthwith inform the Bar Committee in writing.

(2) The Bar Committee may approve the transfer of pupillage
from one practising barrister to another or from a practising
barrister to the Attorney General's Chambers or from the Attorney
General's Chambers to a practising barrister.

(3) The Bar Committee may order the termination or suspen-
sion of a pupillage if it is satisfied that-

(a) the pupil has been guilty of misconduct; or





(b)the pupil has notified, or failed to notify the Bar Committee, of the
occurrence of any of the matters referred to in paragraph (1).

(4) For the purposes of this rule 'misconduct' means any conduct which
would be regarded as professional misconduct if committed by a practising
barrister.

8. (1) Any person who is aggrieved by an order or decision of the Chief
Justice or the Bar Committee under these rules may, by notice of motion,
appeal to the Court of Appeal against the order or decision.

(2) The notice of motion shall state the grounds of the appeal and shall be
served on the Bar Committee as Respondents and on the Attorney General.

(3) At the hearing before the Court of Appeal the applicant, the Bar
Committee and the Attorney General may be represented by counsel and
adduce evidence.

(4) The Court of Appeal may confirm, vary or quash the order or decision
and make such order as to costs as it thinks fit.

9. (1) The period of approved pupillage under these rules shall be

(a)a period of not less than 1 year in the chambers of a practising
barrister (of not less than 5 years standing as a barrister) in Hong
Kong; or

(b)a period of not less than 9 months in the Attorney General's
Chambers, which may include a period not exceeding 3 months on
secondment to the Legal Aid Department, so long as he has also
spent a period of not less than 3 months in such service as is
described in sub-paragraph (a).

(2) The period of approved pupillage mentioned in paragraph (1) shall be
reduced by any period not exceeding one month spent as a judge's marshall in
Hong Kong after the date of admission as a barrister in Hong Kong.

(3) A person shall not be regarded as having undertaken the period of
approved_ pupillage under these rules unless he has obtained from those of
whom he has been a pupil certificates stating he has served his period of
pupillage with diligence and that he is a suitable person to practise as a barrister
in Hong Kong.

(4) Any period of work in the nature of pupillage undertaker, in the
Attorney General's Chambers or in the chambers of a practising barrister (of not
less than 5 years standing as a barrister) in Hong Kong after taking all the
examinations the passing of which qualifies a person for admission as a barrister
in Hong Kong may at the discretion of the Bar Committee be accepted, if he
passes those examinations, as a period of approved pupillage, or part thereof, a,
required by these rules.

10. The Chief Justice may, after consulting the Bar Committee,
reduce the period of approved pupillage mentioned in rule 9 where he is
satisfied that the barrister has substantial experience in advocacy in
court:

Provided that the period of pupillage required to be served shall
not be less than 3 months.

11. (1) Subject to paragraph (2), where a person is admitted
as a barrister by virtue of section 27(1)(a) of the Ordinance, the
Chief Justice may, after consulting the Bar Committee, order that
the period of approved pupillage required of that person under these
rules may include any period spent as a pupil in the chambers of a
practising barrister (of not less than 5 years standing as a barrister)
in England or Northern Ireland or of a practising member of the
Faculty of Advocates (of not less than 5 years standing as an
advocate) in Scotland.


(2) The Chief Justice shall not make an order under paragraph (1)

(a) after 31 December 1987; and

(b) unless he is satisfied that the barrister concerned reasonably
regards Hong Kong as his natural place of domicile.
L.N. 9/73. L.N. 27/73. 92 of 1975. L.N. 202/76. L.N. 226/83. L.N. 420/83. L.N. 97/85. L.N. 136/86. L.N. 244/86. Citation. General admission before 1 June 1986; qualifying period of active practice. L.N. 136/86. Admission for particular cases; qualifying period of active practice. L.N. 136/86. General admission on or after 1 June 1986; qualifying period of active practice. L.N. 136/86. Application for pupillage in Hong Kong. L.N. 202/76. L.N. 136/86. L.N. 136/86. Approval of Bar Committee. Disqualification. Approval of pupillage. L.N. 202/76. Termination of pupillage. L.N. 202/76. Appeals. 92 of 1975, s. 59. L.N. 136/86. Requirements of pupillage. L.N. 136/86. Reduction of pupillage. L.N. 136/86. Transitional recognition of overseas pupillage. L.N. 136/86. L.N. 244/86.

L.N. 9/73. L.N. 27/73. 92 of 1975. L.N. 202/76. L.N. 226/83. L.N. 420/83. L.N. 97/85. L.N. 136/86. L.N. 244/86. Citation. General admission before 1 June 1986; qualifying period of active practice. L.N. 136/86. Admission for particular cases; qualifying period of active practice. L.N. 136/86. General admission on or after 1 June 1986; qualifying period of active practice. L.N. 136/86. Application for pupillage in Hong Kong. L.N. 202/76. L.N. 136/86. L.N. 136/86. Approval of Bar Committee. Disqualification. Approval of pupillage. L.N. 202/76. Termination of pupillage. L.N. 202/76. Appeals. 92 of 1975, s. 59. L.N. 136/86. Requirements of pupillage. L.N. 136/86. Reduction of pupillage. L.N. 136/86. Transitional recognition of overseas pupillage. L.N. 136/86. L.N. 244/86.

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