Cap. 159 《法律執業者條例》Legal Practitioners Ordinance

In this Ordinance, unless the context otherwise requires—

In this Ordinance, a reference to the Department of Justice shall, in relation to any period of time before 1 July 1997, be deemed to be a reference to the then Legal Department. (Added 11 of 1999 s. 3)

For the avoidance of doubt, it is hereby declared that any conduct of a trainee solicitor or employee of a solicitor which would reasonably be regarded as disgraceful, dishonourable or discreditable by a solicitor of good repute shall be deemed misconduct. (Added 25 of 1968 s. 2. Amended 1 of 1981 s. 2; 70 of 1991 s. 13)

Any rules made under section 73(1)(d) or (f) shall, subject to section 73(3) and unless the context otherwise requires, apply to a qualified person as they apply to a solicitor. (Added 50 of 1982 s. 2)

The Court may, in such manner as may be prescribed by the Chief Justice, admit as a solicitor of the High Court a person who the Court considers is a fit and proper person to be a solicitor and who— (Amended 25 of 1998 s. 2)

The Court shall not admit a person under this section unless it has received from the Society a certificate to the effect that the Society is satisfied that the person—

The Court may, when admitting a person as a solicitor, sit in chambers. (Added 60 of 1994 s. 4)

A person shall not be disqualified from admission as a solicitor by reason only that—

Where a person who was admitted as a solicitor on the basis of an intention referred to in subsection (1A)(b) fails to reside in Hong Kong for at least 3 months immediately after his admission, the Court may, on the application of the Society, order that the person’s name be removed from or struck off the roll of solicitors. (Added 60 of 1994 s. 4)

[cf. 1957 c. 27 s. 3 U.K.]

The Registrar shall keep a roll of all solicitors admitted by the Court under section 4 and shall have the custody of the roll of solicitors and of all documents relating thereto and shall allow any person to inspect the roll during office hours without payment.

The Registrar, upon production of a certificate of admission signed by a judge and upon payment to the Registrar and to the Society of such fees as may be prescribed by the Chief Justice, shall enter on the roll of solicitors the name of the person admitted.

The Chief Judge may, if he thinks fit, at any time order the Registrar to replace on the roll of solicitors the name of a solicitor whose name has been removed or struck off the roll of solicitors. (Amended 23 of 2002 s. 99)

The Society, on application in writing by a solicitor in the month of November in any year in a form approved by the Council and on payment of such fee as may be so prescribed, shall, subject to subsection (3), issue to the applicant a practising certificate as a solicitor for the period of one calendar year from 1 January next following the date of the application. (Amended 60 of 1994 s. 6)

A practising certificate issued to a solicitor admitted under section 3(1AD) before the repeal of that provision by the Legal Practitioners (Amendment) Ordinance 1994 (60 of 1994) is subject to the condition that the solicitor shall not practise on his own account or in partnership. (Added 46 of 1989 s. 3. Amended 60 of 1994 s. 6)

A practising certificate issued under subsection (1) shall be in such form as may be prescribed by the Council.

A practising certificate shall not be issued under subsection (1) unless the applicant has, where necessary, delivered to the Council an accountant’s report under section 8, complied with any indemnity rules made by the Council under section 73A (other than subsection (3)(fa)) or is exempt from them and has paid to the Society the membership subscription in respect of the year for which the practising certificate is to be issued. (Amended 75 of 1980 s. 2; 22 of 2012 s. 4)

Notwithstanding subsection (1), the Society may, upon such conditions as it thinks fit, permit an application for a practising certificate to be made under this subsection at any time and upon such application may issue to the applicant a practising certificate for any period not exceeding one calendar year and ending on 31 December in the year in which it is issued.

Notwithstanding subsection (1), the Society may—

Where the Society considers that a solicitor has not complied with conditions imposed under subsection (5) or (6) it may, after affording the solicitor the opportunity to make representations, suspend or cancel the solicitor’s practising certificate with or without refunding the certificate fee. (Added 70 of 1991 s. 4)

It shall be a condition of a practising certificate issued for the first time on or after 1 August 1976 to any solicitor who does not satisfy the Council that since being admitted as a solicitor he has been bona fide employed in the practice of a solicitor in Hong Kong for at least 2 years prior to his application for such practising certificate, that he shall not practise as a solicitor on his own account or in partnership until he satisfies the Council that since being admitted as a solicitor he has been bona fide employed in the practice of a solicitor in Hong Kong for at least 2 years. (Amended 22 of 1979 s. 2; 46 of 1989 s. 3)

If the Council considers that an applicant has acquired substantial experience in the law either in Hong Kong or elsewhere, the Council may waive the 2 year employment requirement in subsection (6) or it may reduce the period of 2 years to a period it considers appropriate. (Replaced 60 of 1994 s. 6)

Notwithstanding the compliance with the 2 year employment requirement in subsection (6), a solicitor who makes an application for the first issue of a practising certificate without the condition imposed under subsection (6) on or after the commencement^# of section 2 of the Law Amendment and Reform (Miscellaneous Provisions) Ordinance 2003 (14 of 2003) shall not be issued with such practising certificate unless he also satisfies the Council that, prior to the date of his application, he has successfully completed in accordance with the guidelines as may be issued by the Society from time to time a mandatory course in practice management provided or approved by the Society. (Added 14 of 2003 s. 2 and E.R. 1 of 2023)

The Council may, where it considers appropriate, exempt an applicant wholly or partly, with or without conditions, from the mandatory course requirement in subsection (6B). (Added 14 of 2003 s. 2 and E.R. 1 of 2023)

Where the name of a solicitor is removed from or struck off the roll of solicitors or where a solicitor becomes bankrupt, the practising certificate of that solicitor shall automatically determine and in any such case no part of the fee paid in respect thereof shall be repayable. (Amended 27 of 1998 s. 7)

The publication in the Gazette by the Society of a list of the names and addresses of those solicitors who have obtained practising certificates for the period stated therein shall, until the contrary is proved, be evidence that each person named therein is a person qualified under section 7 to act as a solicitor and to whom a practising certificate for the period stated in such list has been issued under this section; and the absence from any such list of the name of any person shall, until the contrary is proved, be evidence that such person is an unqualified person.

Where the Society, in the exercise of the powers conferred on it under subsection (5) or (5A), refuses to issue a practising certificate, issues a certificate subject to conditions, amends a certificate by adding conditions or suspends or cancels a certificate, the solicitor may appeal to the Chief Judge against the decision of the Society within 1 month of being notified of it. (Amended 70 of 1991 s. 4; 23 of 2002 s. 100)

Where the Council refuses to disapply subsection (6) in the case of an applicant who claims to have acquired substantial experience in the law, either in Hong Kong or elsewhere, the applicant may appeal to the Chief Judge against the decision of the Council within 1 month of being informed of that decision. (Amended 60 of 1994 s. 6; 23 of 2002 s. 100)

On an appeal to the Chief Judge under subsection (9) or (10) he may— (Amended 23 of 2002 s. 100)

Where the Chief Judge affirms a decision of the Society or Council under paragraph (a) of subsection (11) or directs the Society to issue a practising certificate under paragraph (b) of that subsection, the decision of the Chief Judge shall be final. (Added 23 of 2002 s. 100)

For the purpose of administering and receiving an oath, affidavit or affirmation any solicitor who holds a current practising certificate shall possess and may exercise all the powers of a commissioner for oaths that are conferred by or under any law.

A document containing an oath, affidavit or affirmation administered and received under subsection (1) and purporting to be signed by a solicitor shall be admitted in evidence without proof of the signature of the solicitor, and without proof that he is a solicitor who holds a current practising certificate.

In this Part—

If a law firm is constituted as a limited liability partnership when it commences business in Hong Kong, a reference in this Part to the date on which it becomes a limited liability partnership is a reference to the date on which it commences business in Hong Kong.

A partner in a limited liability partnership is not, solely by reason of being a partner, jointly or severally liable for any partnership obligation (whether founded on tort, contract or otherwise) that arises from the provision of professional services by the partnership as a limited liability partnership as a result of a default of—

Subsection (1) applies irrespective of whether the liability is in the form of indemnification, contribution or otherwise.

Subsection (1) applies only if at the time of the default—

In this section—

Every limited liability partnership that is a Hong Kong firm must have in existence, in addition to the Indemnity, a policy of insurance—

A reference to indemnifying against a loss to the specified extent in subsection (2) means indemnifying against the part of the loss that exceeds the prescribed amount up to an amount not less than $10,000,000 in respect of any one claim.

Every limited liability partnership that is a foreign firm must have in existence a policy of insurance—

A reference to indemnifying against a loss to the specified extent in subsection (4) means indemnifying against the part of the loss that exceeds the limit of insurance coverage required under section 6 of the Foreign Lawyers Registration Rules (Cap. 159 sub. leg. S) up to an amount not less than $10,000,000 in respect of any one claim.

A policy of insurance maintained by a partnership under subsection (2) or (4) must not be subject to any limit as to the amount of liability of an insurer for claims in the aggregate or as to the number of claims.

The Council may, subject to the prior approval of the Chief Justice, by notice published in the Gazette amend subsections (3) and (5) by substituting another amount that is not less than $10,000,000 for the amount in each of those subsections.

For each matter handled by a limited liability partnership for a client there must, throughout the time it is handled, be at least one partner who is responsible for the overall supervision of the matter (overall supervising partner).

For each matter handled by a limited liability partnership for a client, the partnership must—

During the period when a limited liability partnership is handling a matter for a client or after that period, the client may request a person specified in subsection (4) to provide the client with a list of the names of—

The following persons are specified for the purposes of subsection (3)—

A person specified in subsection (4) must, not later than 21 days from receiving a request under subsection (3), provide the client with the list referred to in subsection (3) to the best of the knowledge of the person.

Section 7AC(1) does not protect a partner from liability if the partner—

Section 7AC(1) does not protect a partner from liability arising from a default in respect of a matter handled by the partnership if the default is—

Section 7AC(1) does not protect any interest of a partner in the partnership property from claims against the partnership.

A law firm must ensure that, at least 7 days before the date on which it becomes a limited liability partnership, a written notice of the following particulars is given to the Society—

A law firm must ensure that, at least 7 days before the date on which it ceases to be a limited liability partnership, a written notice of that date is given to the Society.

A limited liability partnership must display its name, in a clearly visible and legible manner, at or outside every office or place in which it carries on its business.

A limited liability partnership must state its name, in a clearly visible and legible manner, in its correspondence, notices, publications, invoices and bills of costs, and on its websites.

Except as provided in subsection (2), a law firm must, within 30 days after it becomes a limited liability partnership, by written notice inform each of its existing clients of that fact.

A specified foreign firm must, within 30 days after it becomes a limited liability partnership, by written notice inform each of its existing clients in Hong Kong of that fact.

For the purposes of subsection (2), a foreign firm is a specified foreign firm if, before becoming a limited liability partnership, it has been carrying on, in a foreign jurisdiction, the practice of law as a limited liability partnership under the law of that jurisdiction.

A written notice issued under this section must be in a form specified by the Council.

The form specified under subsection (4) must include a brief statement stating how liabilities of partners in a law firm are affected under sections 7AC, 7AD, 7AE and 7AF by the law firm becoming a limited liability partnership.

In this section, existing client (現有當事人), in relation to a law firm, means a person who is a client of the firm at the time the firm becomes a limited liability partnership.

For the purposes of subsection (2), an existing client of a specified foreign firm is its existing client in Hong Kong if—

This section does not apply to a law firm that is constituted as a limited liability partnership when it commences business in Hong Kong.

If a limited liability partnership makes a distribution of any of its partnership property to one or more persons (each being a partner or an assignee of a partner’s share in the partnership), and immediately after the distribution—

then each of the persons is liable to the partnership to the extent specified in subsection (4).

However, a person who receives a distribution as described in subsection (1) is not liable under that subsection if the person proves that—

In determining whether the partnership made a reasonable assessment as referred to in subsection (2)(a), a court may have regard to all the circumstances of the case including, without limitation, whether the assessment was based—

A person who is liable under subsection (1) is liable to the partnership for—

whichever is the lesser.

Proceedings to enforce any of the liabilities arising under this section as a result of the distribution may be brought by—

In this section, a reference to partnership obligation is a reference to partnership obligation whether actual or contingent.

This section does not affect a payment made as reasonable compensation for current services provided by a partner to the partnership, to the extent that the payment would be reasonable if paid to a person who is an employee of, but not a partner in, the partnership as compensation for similar services.

No proceedings to enforce a liability under this section may be commenced later than 2 years after the date of the distribution to which the liability relates.

The Council must keep a list of law firms that are or have been limited liability partnerships.

The list must, in relation to each such law firm, contain—

As soon as practicable after becoming aware of any matter that would require the list to be updated, the Council must update the list accordingly.

For the purpose of enabling any member of the public to ascertain whether a law firm is, or has been, a limited liability partnership and to ascertain the particulars of the partnership, the Council must make the list available for public inspection, free of charge, at the office of the Council during office hours.

The fact that a partnership becomes, or ceases to be, a limited liability partnership—

Subsection (1)(a) operates subject to any written agreement between the partners to the contrary.

In relation to a limited liability partnership, this Part prevails over any inconsistent provisions in any agreement between any persons, whether as partners in the partnership or otherwise.

To avoid doubt, this section does not affect the operation of sections 7AG and 7AP(2).

All relevant laws, except so far as they are inconsistent with this Part, apply in relation to a partnership that is a limited liability partnership.

In this section, relevant laws (有關法律) means the Partnership Ordinance (Cap. 38) and every other law that applies in relation to a partnership (whether an enactment, or a rule of equity or of common law).

Subject as may be prescribed by the Council, the accounting period for the purposes of an accountant’s report shall—

If a solicitor or foreign lawyer fails to comply with the provisions of this section or any requirements relating to accounts which may be prescribed by the Council any person may make a complaint in respect of that failure to the Council.

Where the Council considers that a solicitor or foreign lawyer may be unfit to practise the Council may, if it considers it necessary for the purpose of investigating the matter, require the solicitor, the foreign lawyer or his firm to produce or deliver to a person appointed by the Council, at a time and place fixed by the Council, all documents in the possession of the solicitor, the foreign lawyer or his firm that the Council specifies either particularly or generally.

Without limiting subsection (1), the Council may take the following factors into account in deciding whether to act under subsection (1)—

After considering a report of the person appointed under subsection (1) and any written representations made by or on behalf of the solicitor or foreign lawyer, if the Council considers that the solicitor or foreign lawyer is unfit to practise, the Council shall submit the matter to the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel and may suspend the solicitor from practice or suspend the foreign lawyer’s registration pending a decision of the Solicitors Disciplinary Tribunal constituted to deal with the matter.

On an application—

the Council may, if it is satisfied that the circumstances that gave rise to the suspension under subsection (3) no longer exist or otherwise considers appropriate, revoke the suspension at any time before the Solicitors Disciplinary Tribunal makes a decision. (Added 18 of 2014 s. 57)

The Council may, if it is satisfied that the circumstances that gave rise to the revocation under subsection (4) no longer exist or otherwise considers appropriate, restore the suspension at any time after the revocation but before the Solicitors Disciplinary Tribunal makes a decision. (Added 18 of 2014 s. 57)

The Council may take into account any of the factors set out in subsection (2)(a) to (f) in deciding whether to act under subsection (4) or (5). (Added 18 of 2014 s. 57)

The Council may appoint a person as an inspector to assist the Council—

For the purposes of subsection (1), an inspector may—

An inspector shall not exercise his power under subsection (2)(b)(i) except under a direction of the Council to do so.

No liability shall be incurred by any person in respect of anything done or omitted to be done by him in good faith in the exercise of any power under this section.

The Council may direct an inspector to assist it in gathering evidence in respect of a matter the Council is considering for the purpose of deciding whether or not it should be submitted to the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel.

For the purposes of this section, an inspector may question—

For the purpose of enforcing the production of documents required by the Council under section 8A, section 11 applies and references in section 11 to the Solicitors Disciplinary Tribunal and to the Chairman of the Solicitors Disciplinary Tribunal shall be deemed to be references respectively to the Council and to the President of the Society.

Documents required by the Council under section 8A or by an inspector under section 8AA shall be produced or delivered notwithstanding any claim of solicitor-client privilege but documents that are subject to a solicitor-client privilege may only be used for the purposes of an inquiry or investigation under this Ordinance. (Amended 60 of 1994 s. 11)

The Chief Justice shall appoint a Solicitors Disciplinary Tribunal Panel consisting of not more than 120 practising solicitors of at least 10 years’ standing, not more than 10 foreign lawyers and not more than 60 lay persons who are not, in the opinion of the Chief Justice, connected in any way with the practice of law. (Amended 60 of 1994 s. 12; 42 of 2000 s. 4)

A member of the Council is not eligible to be appointed to or remain on the Panel.

A person appointed to the Panel shall be appointed for a term specified by the Chief Justice not to exceed 5 years but may be reappointed for a further term or terms.

The Chief Justice shall appoint a solicitor as the Tribunal Convenor for a 3 year term and he may appoint one or more solicitors on the Panel and one or more foreign lawyers on the Panel as Deputy Tribunal Convenors for 3 year terms. (Amended 60 of 1994 s. 12; 23 of 2002 s. 102)

If the Tribunal Convenor is precluded by illness, absence from Hong Kong or any other cause from exercising his functions under this Ordinance, a Deputy Tribunal Convenor may act in his place. (Added 60 of 1994 s. 12)

The Tribunal Convenor and a Deputy Tribunal Convenor who acts in the place of the Tribunal Convenor in circumstances mentioned in subsection (5) may be remunerated by the Society. (Added 23 of 2002 s. 102)

Where the Council considers that the conduct of a person who is, or was at the relevant time, a solicitor, a foreign lawyer, a trainee solicitor or an employee of a solicitor or foreign lawyer should be inquired into or investigated as a result of a complaint being made to it or otherwise, the Council shall submit the matter to the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel. (Amended 60 of 1994 s. 13)

Without limiting subsection (1), where the Council considers that the conduct—

the Council must submit the matter to the Tribunal Convenor for the purpose of inquiring into or investigating the conduct. (Added 4 of 2018 s. 34)

An alleged breach for the purposes of subsection (1AA)(a) is that a solicitor or foreign lawyer—

The Council must take into account Practice Direction P when considering whether conduct falls within subsection (1AA)(a) or (b). (Added 4 of 2018 s. 34)

Notwithstanding subsection (1), if the conduct involves an alleged breach of—

prescribed in rules made by the Council, and the Council considers that that matter is suitable for disposal by the Tribunal Convenor under section 9AB, the Council may submit the matter to the Tribunal Convenor for such disposal subject to the conditions mentioned in subsection (1) of that section being satisfied. (Added 23 of 2002 s. 103)

In considering whether a matter is suitable for disposal by the Tribunal Convenor under section 9AB, the Council may take into account the following—

Where a complaint is made to the Council and the Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Council ought to have done so. (Amended 23 of 2002 s. 103)

In this section—

(Added 4 of 2018 s. 34)

The Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel shall dispose of a matter submitted under section 9A(1A) if the person in respect of whom the submission is made—

in the manner prescribed in rules made by the Council.

The Tribunal Convenor shall dispose of a matter by making an order requiring the person concerned to pay, within the time specified in the order, the fixed penalty and the Council’s fixed investigation costs prescribed in rules made by the Council for a breach of the relevant prescribed provision, practice direction or principle of professional conduct.

The fixed penalty shall be paid into the general revenue.

The Tribunal Convenor shall sign an order made under this section and file a copy of the signed order with the Secretary General of the Society.

Payment of an amount ordered to be paid by the Tribunal Convenor may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the Tribunal Convenor and the rules of the Court, so far as applicable, apply to the order.

An order filed with the Secretary General of the Society shall be available for inspection by any person affected during such hours as the Council may decide.

On receipt of a submission under section 8A(3) or 9A in respect of a person who is, or was at the relevant time, a solicitor, a trainee solicitor or an employee of a solicitor the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel shall, unless it is a matter that is to be disposed of by the Tribunal Convenor under section 9AB, appoint from the Panel 2 solicitors and one lay person to constitute a Solicitors Disciplinary Tribunal to inquire into and investigate the matter. (Amended 60 of 1994 s. 14; 23 of 2002 s. 105)

On receipt of a submission under section 8A(3) or 9A in respect of a person who is, or was at the relevant time, a foreign lawyer or an employee of a foreign lawyer the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel shall, unless it is a matter that is to be disposed of by the Tribunal Convenor under section 9AB, appoint from the Panel 2 solicitors, one foreign lawyer and one lay person to constitute a Solicitors Disciplinary Tribunal to inquire into and investigate the matter. (Added 60 of 1994 s. 14. Amended 23 of 2002 s. 105)

The Tribunal members shall elect as chairman one of its members who is a solicitor.

The Council may be represented at proceedings before the Tribunal.

The Tribunal shall sit in camera in the places and at the times it directs.

A member of the Tribunal who becomes a member of the Council may continue as a member of the Tribunal notwithstanding section 9(2).

A Solicitors Disciplinary Tribunal shall have power to inquire into and investigate the conduct of any person in respect of which it was appointed.

Subject to the provisions of this Ordinance, on completion of its inquiry and investigation, a Solicitors Disciplinary Tribunal shall have power to make such order as it thinks fit and any such order may, in particular, include provision for all or any of the following matters—

Every order made under subsection (2) shall be filed with the secretary of the Society and shall be available for inspection by any person affected during such hours as the Council may prescribe. (Amended 52 of 1980 s. 2; 60 of 1994 s. 15)

An order that may be made under subsection (2) may also be made in respect of a person who was, at the relevant time, a solicitor, a foreign lawyer, a trainee solicitor or an employee of a solicitor or foreign lawyer. (Replaced 60 of 1994 s. 15)

For the purpose of conducting any such inquiry or investigation, a Solicitors Disciplinary Tribunal shall have all such powers as are vested in the Court or in any judge in the course of any action or suit in respect of the following matters— (Amended L.N. 162 of 1993)

and a summons under the hand of the Chairman of a Solicitors Disciplinary Tribunal may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for compelling the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of such Chairman and shall not authorize the imprisonment of any offender for a period exceeding 1 month.

The Commissioner of Police and all police officers, officers of the court, gaolers and bailiffs of the court are required to give their utmost assistance to every Solicitors Disciplinary Tribunal and to every chairman thereof, in the enforcement of documents, warrants and orders issued in accordance with subsection (1) or otherwise.

Every member of a Solicitors Disciplinary Tribunal shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.

All proceedings of a Solicitors Disciplinary Tribunal and any order made in accordance with the provisions of section 10 shall be privileged.

An order made by a Solicitors Disciplinary Tribunal shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman or by a member authorized by the Tribunal.

A signed copy of an order of a Tribunal in relation to a solicitor shall be filed with the Registrar who shall enter a note of the order on the roll of solicitors in connection with the name of the solicitor and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after receiving a copy of the order.

A signed copy of an order of a Tribunal in relation to a foreign lawyer shall be filed with the Secretary General of the Society and, where the order so directs, the Secretary General shall publish an order for suspension or cancellation of the registration in the Gazette within 14 days after receiving a copy of the order. (Added 60 of 1994 s. 16)

The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made, order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate.

An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing.

On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of the date on which the application will be heard by a Tribunal.

There is no right of appeal from the decision of the Tribunal on an application under subsection (4).

Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order.

No order under subsection (7) shall be enforced until after the 14 days referred to in subsection (4) has elapsed or until after the Tribunal has made its decision under subsection (3).

A signed copy of every order made by a Tribunal under section 10 shall be filed with the Secretary of the Society of Notaries within 14 days after it is made by the Tribunal. (Added 27 of 1998 s. 5)

Subject to section 12(6), an appeal against any order made by a Solicitors Disciplinary Tribunal shall lie to the Court of Appeal and the provisions of Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to every such appeal save that the time for serving notice of motion of appeal shall be 21 days from the date of the decision and not 28 days as provided in the said Order. (Amended 61 of 1992 s. 6; 25 of 1998 s. 2; 10 of 2005 s. 57; 10 of 2008 s. 31)

Subject to subsection (2A), in any appeal under subsection (1) the Society shall be the respondent. (Amended 42 of 2000 s. 5)

The Council may, with leave of the Court of Appeal, appeal an order of a Solicitors Disciplinary Tribunal under subsection (1), in which case the Society shall be the appellant and the person whose conduct was the subject of the inquiry by the Solicitors Disciplinary Tribunal shall be the respondent. (Added 42 of 2000 s. 5)

Nothing herein contained shall affect the jurisdiction of the Court under sections 3(2) and 45.

The hearing of every appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal may otherwise direct.

Unless, on application by the solicitor, the Court of Final Appeal, the Court of Appeal or the Solicitors Disciplinary Tribunal otherwise orders, the Society may, after the expiry of the time for filing an appeal under section 13 or, if such an appeal has been made, after the appeal is finally determined, as the case may be, publish a summary of the finding and order of a Solicitors Disciplinary Tribunal and the name of the solicitor who was the subject of the finding and order in any publication produced by, or at the direction of, the Society. (Amended 10 of 2005 s. 59)

For the purposes of subsection (1), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—

In subsection (2)—

No solicitor shall be liable to have his name struck off the roll of solicitors on account of any failure to comply with such requirements with respect to employment as a trainee solicitor as may be prescribed by the Chief Justice or on account of any defect in his admission and enrolment, unless the application to strike his name off the roll of solicitors is made within 12 months after the date of his enrolment: Provided that this subsection shall not apply in any case where fraud is proved to have been committed in connection with the failure or defect.

No solicitor shall be liable to have his name struck off the roll of solicitors by reason only that—

The Court may make an order for the winding-up of the business of any solicitor who is struck off the roll of solicitors or of any foreign lawyer whose registration is cancelled in such terms and appointing such solicitor or firm of solicitors or the Official Receiver under the Bankruptcy Ordinance (Cap. 6) or both as it thinks fit for that purpose. (Amended 60 of 1994 s. 19)

The Court may make an order appointing any solicitor or firm of solicitors or the Official Receiver or both to manage the business of any solicitor, whose practising certificate is suspended, for the duration of such suspension.

The Court may make an order appointing a solicitor, firm, foreign lawyer, foreign firm, the Official Receiver or any combination of them to manage the business of a foreign lawyer whose registration is suspended, for the duration of the suspension. (Added 60 of 1994 s. 19)

Upon reasonable cause being shown to the Council by a solicitor the Council may direct the Registrar to remove the name of such solicitor from the roll of solicitors and the Registrar shall thereupon remove such name from the roll of solicitors. (Amended 52 of 1980 s. 2)

Upon reasonable cause being shown to the Council by a foreign lawyer or foreign firm, the Council may direct the Secretary General of the Society to cancel the registration of the foreign lawyer or foreign firm and the Secretary General shall then cancel the registration. (Added 60 of 1994 s. 20)

With effect from the date of removal of a name under this section the person whose name is so removed shall cease to be a solicitor. (Amended 46 of 1989 s. 5)

Upon application being made for removal or cancellation as aforesaid the Council may advertise or require the solicitor, foreign lawyer or foreign firm to advertise the application inviting any person who objects thereto to make objection to the Council. (Amended 52 of 1980 s. 2; 60 of 1994 s. 20)

Where the Registrar is satisfied that a person who was admitted as a solicitor under section 3(1AD) before the repeal of that provision by the Legal Practitioners (Amendment) Ordinance 1994 (60 of 1994) would no longer be qualified under paragraph (a) of that provision if it were still in force, he shall, unless the person has become qualified otherwise under this Ordinance, remove his name from the roll of solicitors. (Added 46 of 1989 s. 5. Amended 60 of 1994 s. 20)

Without prejudice to the generality of subsection (1), where a person admitted under section 3(1AB) before that and related provisions ceased to have effect by virtue of section 75(2) does not commence practice as a solicitor within a period of 12 months after his admission, it shall be a cause for the removal of his name from the roll of solicitors under this section. (Added 46 of 1989 s. 5. Amended 60 of 1994 s. 20)

No person who has not at some time been in continuous practice as a solicitor in Hong Kong for a period of 5 years shall, without the special leave in writing of the Society, employ a trainee solicitor or act as his principal. (Amended 25 of 1968 s. 6)

No person shall employ or act as principal for more than 2 trainee solicitors at the same time.

No person shall employ a trainee solicitor or act as his principal unless he is practising as a solicitor on his own account or in partnership, without the special leave in writing of the Society. (Replaced 60 of 1994 s. 21)

If any solicitor employs or acts as principal for a trainee solicitor in contravention of any of the provisions of subsection (1), (2) or (3), the Council may terminate the trainee solicitor’s contract upon such terms as it thinks fit. (Amended 52 of 1980 s. 2)

It is not a contravention of subsection (1), (2) or (3) for a person other than a solicitor to employ a trainee solicitor so along as—

Any—

serving in the—

of the Government shall, for the purpose of this section, be deemed to be practising as a solicitor on his own account; and this subsection shall apply in relation to periods before as well as periods after the commencement of the Legal Practitioners (Amendment) Ordinance 1982 (50 of 1982). (Added 50 of 1982 s. 4)

(Repealed 70 of 1991 s. 13)

Where the Society refuses to issue a practising certificate to a solicitor under section 6, the Council may by notice in writing to that solicitor prohibit him from employing a trainee solicitor or acting as the principal of a trainee solicitor. (Amended 52 of 1980 s. 2; 70 of 1991 s. 13; 60 of 1994 s. 22)

(Repealed 61 of 1992 s. 11)

The expenses incurred by—

may be paid to the Society out of general revenue upon a certificate issued by the Secretary for Justice.

The Secretary for Justice shall only issue a certificate under subsection (1) if he is satisfied that—

Subject to subsection (2), the powers conferred by Schedule 2 shall be exercisable where—

The powers conferred by Schedule 2 shall only be exercisable under subsection (1)(c), (j), (k), (l) and (m) if the Council has given the solicitor notice in writing that the Council is satisfied that he has failed to comply with rules specified in the notice and also (at the same or any later time) notice that the powers conferred by Schedule 2 are accordingly exercisable in his case.

In this Part and Schedule 2—

Where the powers conferred by Schedule 2 are exercisable in relation to a solicitor or foreign lawyer, they shall continue to be exercisable after his death or after his name has been removed from or struck off the roll (in the case of a solicitor) or his registration is cancelled or suspended (in the case of a foreign lawyer).

The references to the solicitor or his firm or the foreign lawyer or his firm in sections 1(1), 2(2) and (3), 3, 7(1) and (5) and 8(1) of Schedule 2 include, in any case where the solicitor or foreign lawyer has died, references to his personal representatives.

[cf. 1974 c. 47 Sch. 1 Pt. I U.K. as amended by 1990 c. 41 s. 91 U.K.]

In this Part—

To avoid doubt, for sections 27B, 27C, 27D and 27E—

Subject to subsection (2), the Court may, in such manner as may be prescribed by the Chief Justice, admit as a barrister of the High Court in Hong Kong, a person whom it considers a fit and proper person to be a barrister, provided such person has—

prescribed by the Bar Council.

The Court shall not admit a person under subsection (1) unless it is satisfied that that person—

If at the time of his admission under subsection (1) the person is a solicitor, the Registrar shall remove the person’s name from the roll of solicitors.

Notwithstanding that a person does not satisfy all the requirements specified in subsections (1) and (2)(b), where the Court considers that he is a fit and proper person to be a barrister and is satisfied that he has—

the Court may admit such person as a barrister under this section for the purpose of any particular case or cases and may impose such restrictions and conditions on him as it may see fit.

Subsection (4) is subject to sections 27B, 27C, 27D, 27E and 27F. (Added 7 of 2023 s. 4)

The Court may, when admitting a person as a barrister, sit in chambers.

A person must not be admitted as a barrister for a case concerning national security under section 27(4) unless there is exceptional circumstance as specified in subsection (2).

The exceptional circumstance is that the Chief Executive has sufficient grounds for believing that the person’s practising or acting as a barrister for the case does not involve national security or would not be contrary to the interests of national security.

Sections 27C, 27D, 27E and 27F contain provisions in relation to establishing whether the exceptional circumstance exists.

A person (applicant) intending to seek to be admitted as a barrister for a case (or cases) concerning national security under section 27(4) must, before making an application under section 2 of the Admission Rules, notify the Secretary for Justice in writing of the applicant’s intention.

The notification must be accompanied by—

The applicant and the solicitor must also provide with the statement any documents or other evidence in support of the grounds.

The Secretary for Justice must, as soon as practicable after receiving the notification under subsection (1) and the documents, written statement and evidence mentioned in subsections (2) and (3), refer the matter to the Chief Executive.

The Chief Executive will issue a notice of permission to proceed in respect of the application only if the Chief Executive considers that there is a real prospect that the exceptional circumstance specified in section 27B(2) exists.

The Secretary for Justice must, as soon as practicable after receiving a notice of permission to proceed from the Chief Executive, send the notice to the applicant.

If the Chief Executive decides not to issue a notice of permission to proceed, the Secretary for Justice must, as soon as practicable after receiving the decision from the Chief Executive, notify the applicant in writing of the decision.

If the notice of motion filed by the applicant for the application is not accompanied by a notice of permission to proceed issued in respect of the case (or cases), the Court must not take any further action in respect of the notice of motion, including fixing a hearing date of the motion.

Subsections (10), (11) and (12) apply if—

The Court must, on its own motion or on request of the Secretary for Justice, request and obtain a certificate from the Chief Executive under Article 47 of the HK National Security Law on whether the case is a case concerning national security.

Unless the Court receives a certificate under subsection (10) certifying that the case is not a case concerning national security, the Court must not take any further action in respect of the application, including fixing a hearing date of the application, until the person obtains a notice of permission to proceed in accordance with this section.

If the Court is notified by the Secretary for Justice that the Chief Executive has decided not to issue a notice of permission to proceed in respect of the application, the Court must dismiss the application immediately.

Before making any order as to the admission of a person for a case concerning national security, the Court must request and obtain a certificate from the Chief Executive under Article 47 of the HK National Security Law on—

The Court must not admit the person as a barrister for the case under section 27(4) unless the Court receives a CE certificate certifying both or either of the following decisions of the Chief Executive—

After a person is admitted as a barrister for a case under section 27(4), if it appears to the relevant court or the Secretary for Justice that there are new circumstances giving rise to—

the relevant court must, on its own motion or on request of the Secretary for Justice, request and obtain in respect of the case a CE certificate certifying the questions referred to in section 27D(1) (new certificate).

The specified proceedings must be stayed until the relevant court receives a new certificate, unless otherwise ordered by the relevant court on the ground that it is in the interests of justice that the specified proceedings should continue without the person’s practising or acting as a barrister for the case.

If the Chief Executive, on request of the relevant court under subsection (1), issues a new certificate in respect of the case, the new certificate replaces the previous certificate issued in respect of the case (if any), and the previous certificate ceases to have effect.

In this section—

The Registrar shall keep a roll of all barristers admitted by the Court under sections 27 and 27A and shall have custody of the roll of barristers and of all documents relating thereto and shall allow any person to inspect the roll of barristers during office hours without payment. (Amended 61 of 1992 s. 15)

The Registrar, upon production of a certificate of admission signed by a judge and upon payment to the Registrar of such fee as may be prescribed by the Chief Justice, shall enter upon the roll of barristers the name of the person enrolled. (Amended 60 of 1994 s. 31)

A barrister who was admitted pursuant to section 27(1) or section 27A may—

A barrister who was admitted pursuant to section 27(4) for a particular case or cases shall, on completion of such case or cases including any appeal relating thereto, be deemed to have had his name removed from the roll of barristers. (Added 42 of 2000 s. 10)

Where a barrister has had his name removed from the roll of barristers under subsection (2A) or (2B), he shall forthwith surrender to the Bar Council any current practising certificate. (Added 42 of 2000 s. 10)

(Repealed 61 of 1992 s. 15)

The Bar Council, upon application in writing by a barrister and upon payment of such fee as may be prescribed by the Bar Council and upon being satisfied in such manner as may be prescribed by the Bar Council that the person to whom the application relates is qualified to practise as a barrister or is qualified to practise to a limited extent under section 31(2), shall issue to the applicant a practising certificate as a barrister in such form as may be prescribed by the Bar Council for the period of one calendar year from 1 January next following the date of the application: (Amended 25 of 1968 s. 10; 58 of 1976 s.9; 42 of 2000 s. 11) Provided that— (a)the Bar Council, in its absolute discretion and upon such condition as it may consider necessary, may permit the application for a practising certificate to be made under this subsection at any time and upon such application may issue to the applicant a practising certificate for any period not exceeding one calendar year and ending on 31 December in any year; and (b)where the name of a barrister is removed from or struck off the roll of barristers, the practising certificate of that barrister shall automatically determine without any entitlement to any refund of the prescribed fee or of any part thereof.

The publication in the Gazette by the Bar Council of a list of the names and addresses of those barristers who have obtained practising certificates for the period therein stated shall be prima facie evidence that each person named therein is a person qualified under section 31 to practise as a barrister and to whom a practising certificate for the period specified in such list has been issued under this section and the absence from any such list of the name of any person shall be prima facie evidence that such person is not so qualified.

A practising certificate may only be issued to an applicant who has paid to the Hong Kong Bar Association—

in respect of the period for which the practising certificate is to be issued. (Replaced 42 of 2000 s. 11)

On application by a barrister admitted under section 27(4), the Bar Council may waive part of the membership subscription. (Added 42 of 2000 s. 11)

(Repealed 42 of 2000 s. 11)

A barrister shall not be qualified to practise as such—

After the expiry of the first 6 months of the prescribed qualifying period of active practice, a barrister shall be qualified to practise as a barrister to such limited extent as the Bar Council may determine.

The Chief Justice may, after consultation with the chairman of the Bar Council and the president of the Society, appoint any of the following persons who satisfies the eligibility requirements set out in subsection (2) as a Senior Counsel— (Amended 24 of 2021 s. 3)

A person is eligible for appointment as a Senior Counsel if the person— (Amended 24 of 2021 s. 3)

For the purposes of subsection (2)(b), a person has the requisite experience for appointment as a Senior Counsel if the person has, for not less than 10 years in aggregate, done one or both of the following— (Amended 24 of 2021 s. 3)

If the Chief Justice appoints a person mentioned in subsection (1)(b) as a Senior Counsel, the person is entitled to use the title, and to enjoy the status, of Senior Counsel only while holding office as a legal officer. (Added 24 of 2021 s. 3)

The Chief Justice may, after consultation with the chairman of the Bar Council and the president of the Society, appoint a barrister as honorary Senior Counsel if he—

and who has, in the Chief Justice’s opinion, provided distinguished service to the law of Hong Kong.

The appointment of a person as a Senior Counsel in an honorary capacity does not confer on the person a right to act as an advocate in proceedings before the courts of Hong Kong and will not accord precedence before the courts.

In this section—

An employed barrister may apply to the Bar Council for an employed barrister’s certificate if—

An employed barrister may be issued an employed barrister’s certificate and the provisions of sections 29(2C) and 30 (except section 30(3)(b)) respecting practising certificates apply to employed barrister’s certificates issued under this section and, for the purposes of this section, references in those sections to a barrister or a practising certificate shall be deemed to be references to an employed barrister and an employed barrister’s certificate respectively. (Amended 26 of 2012 s. 3)

The publication in the Gazette by the Bar Council of a list of the names and addresses of those barristers who have obtained employed barrister’s certificates for the period therein stated shall be prima facie evidence that each person named therein is the holder of such a certificate for the period specified in such list, and the absence from any such list of the name of any person shall be prima facie evidence that the person does not hold such a certificate.

An employed barrister who holds a current employed barrister’s certificate may, on behalf of his employer but for the purpose of obtaining a legal opinion only, instruct a barrister who holds a current practising certificate, without retaining a solicitor.

The Chief Justice is required to appoint a Barristers Disciplinary Tribunal Panel consisting of—

A member of the Bar Council is not eligible to be appointed to or remain on the Panel.

A person appointed to the Panel shall be appointed for a term specified by the Chief Justice not to exceed 5 years but may be reappointed for a further term or terms.

The Chief Justice shall appoint one of the barristers on the Panel as the Tribunal Convenor for a 3 year term and he may appoint one or more other barristers on the Panel as Deputy Tribunal Convenors for 3 year terms.

A Deputy Tribunal Convenor designated by the Tribunal Convenor may act in place of the Tribunal Convenor whenever the Tribunal Convenor is prevented from exercising the Tribunal Convenor’s functions because of illness, absence from Hong Kong or any other cause. (Added 94 of 1997 s. 8)

Where the Bar Council considers that the conduct of a barrister should be inquired into as a result of a complaint being made to it or otherwise, the Bar Council shall submit the matter to the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel.

Where a complaint is made to the Bar Council and the Bar Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Bar Council ought to have done so. (Amended 23 of 2002 s. 107)

A matter submitted to the Tribunal Convenor must include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct. (Added 94 of 1997 s. 9)

On receiving a submission under section 35, the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel is required to appoint from the Panel—

The persons so appointed constitute a Barristers Disciplinary Tribunal to inquire into the conduct of the barrister concerned.

When constituting a Barristers Disciplinary Tribunal, the Tribunal Convenor is also required to appoint one of its members as chairman of the Tribunal.

A Barristers Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of—

A member of a Barristers Disciplinary Tribunal who becomes a member of the Bar Council ceases to be a member of the Tribunal.

A Barristers Disciplinary Tribunal is required to sit at such places and at such times as the chairman of the Tribunal directs.

A Barristers Disciplinary Tribunal is required to hold its proceedings in camera, except when the barrister whose conduct is being inquired into requests that the proceedings be open to the public.

A Barristers Disciplinary Tribunal may inquire into the conduct of any person in respect of which it was constituted. (Added 61 of 1992 s. 20)

For the purpose of conducting an inquiry, a Barristers Disciplinary Tribunal shall have all such powers as are vested in the Court or in any judge in the course of any action or suit in respect of the following matters—

and a summons under the hand of the chairman of a Barristers Disciplinary Tribunal may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for compelling the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers must be signed by the chairman but must not authorize the imprisonment of any offender for a period exceeding 1 month. (Amended 94 of 1997 s. 12)

The Commissioner of Police and all police officers, officers of the court, gaolers and bailiffs of the court are required to give their utmost assistance to every Barristers Disciplinary Tribunal and to every chairman thereof, in the enforcement of documents, warrants and orders issued in accordance with subsection (1) or otherwise.

Every member of a Barristers Disciplinary Tribunal shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.

All proceedings of a Barristers Disciplinary Tribunal are privileged. (Replaced 61 of 1992 s. 20)

A Barristers Disciplinary Tribunal constituted to inquire into the conduct of a person may inquire into other conduct of the person, but only if—

The power conferred by subsection (5) is exercisable only on the application of—

Notice is not reasonable for the purposes of subsection (5) if it is less than 7 days. (Added 94 of 1997 s. 12)

A Barristers Disciplinary Tribunal may make such order as to the payment by a party to an inquiry of the costs incurred in conducting the inquiry as it thinks just. Such an order may direct that the costs are to be taxed by a Master of the High Court on a full indemnity basis. (Added 94 of 1997 s. 12. Amended 25 of 1998 s. 2)

An order made by a Barristers Disciplinary Tribunal shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman or by a member authorized by the Tribunal.

A signed copy of an order of a Tribunal shall be filed with the Registrar who shall enter a note of the order on the roll of barristers against the name of the barrister and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after receiving a copy of the order.

The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made, order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate.

An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing.

On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of the date on which the application will be heard by a Tribunal.

There is no right of appeal from the decision of the Tribunal on an application under subsection (4).

Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order.

No order under subsection (7) shall be enforced until after the 14 days referred to in subsection (4) has elapsed or until after the Tribunal has made its decision under subsection (3).

A person who is the subject of an order under section 37 or 38 may appeal to the Court of Appeal and Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the appeal except that the time for serving the notice of appeal is 21 days from the date of the decision and not 28 days as provided in Order 59. (Amended 25 of 1998 s. 2; 10 of 2005 s. 58; 10 of 2008 s. 32)

In an appeal under this section the Bar Council shall be the respondent.

The hearing of an appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal otherwise directs.

Any barrister who has been suspended from practising or whose name has been struck off the roll may apply to the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel to have a Barristers Disciplinary Tribunal constituted for the purpose of hearing his application to vary or discharge the order suspending him or striking his name off the roll.

No application shall be made under subsection (1)—

and in either case where such an application has been made and determined, no further application shall be made until the expiration of 2 years from the date of such determination:

Provided that the barrister may at any time apply on the grounds that new material facts have come to light since the making of the order which it is sought to vary or discharge, and where the Tribunal Convenor is of the opinion that such facts should be placed before a Barristers Disciplinary Tribunal, he shall grant such application.

At the hearing of the application the Barristers Disciplinary Tribunal may—

The expenses incurred by—

may be paid to the Bar Council out of general revenue upon a certificate issued by the Secretary for Justice.

The Secretary for Justice shall only issue a certificate under subsection (1) if he is satisfied that—

The Society may register as a foreign lawyer a person who, not being a solicitor who holds a practising certificate or a barrister who holds a practising certificate, is qualified to practise foreign law.

Solicitor-client privilege exists between a foreign lawyer and his client to the same extent as the privilege exists between a solicitor and his client.

Where a foreign lawyer becomes bankrupt the registration of the foreign lawyer is automatically cancelled. (Amended 27 of 1998 s. 7)

The Society may register as a foreign firm a firm—

Where a firm was registered as a foreign firm on the basis of an intention referred to in subsection (1)(b) but fails to establish a place of business in Hong Kong within 2 months after its registration, the Society may cancel the firm’s registration.

The Society may register as an Association a Hong Kong firm and one or more foreign firms if the Hong Kong firm and the foreign firm or firms have, or intend to have within 2 months after the registration, an agreement under which fees, profits, premises, management or employees are shared between the Hong Kong firm and the foreign firm or firms.

Where the Hong Kong firm and the foreign firm or firms fail to enter into an agreement referred to in subsection (1) within 2 months after registration of the Association, the Society may cancel the Association’s registration.

A board to be known as the Higher Rights Assessment Board is established.

The Assessment Board—

The Assessment Board consists of—

Before making an appointment under subsection (3)(b)(ii), (iii) or (iv), the Chief Justice must consult—

For the purposes of subsection (3)(c), the Chief Justice may appoint a panel of persons whom the Chief Justice considers suitable for selection as members of the Assessment Board and who are not, in the opinion of the Chief Justice, connected in any way with the practice of law.

A person who is appointed as the chairperson of the Assessment Board under subsection (3)(a) may be paid from the general revenue any remuneration that the Chief Executive considers appropriate, but only if the person is an eligible person under that subsection by reason of being—

A member of the Assessment Board or of the panel appointed under section 39E(5) holds office for a term not exceeding 3 years, but may be reappointed or reselected.

A member of the Assessment Board or of the panel appointed under section 39E(5) may at any time resign from office by giving notice in writing to the Chief Justice.

Subject to subsection (4), the Chief Justice may at any time remove from office any member of the Assessment Board or of the panel appointed under section 39E(5) by giving notice in writing to the member.

Before removing from office any member of the Assessment Board appointed under section 39E(3)(b)(ii), (iii) or (iv), the Chief Justice must consult—

The quorum for a meeting of the Assessment Board is 7 members, of whom—

At a meeting of the Assessment Board—

Each member of the Assessment Board present at a meeting of the Board has one vote.

A decision on any matter at a meeting of the Assessment Board must be supported—

For the purposes of subsection (4)(b), if on any matter the votes are equally divided, the person presiding at the meeting of the Assessment Board, in addition to having one vote under subsection (3), has a casting vote.

Subject to the other provisions of this Ordinance, the Assessment Board may regulate its own procedure.

A solicitor who satisfies the eligibility requirements under section 39I may apply to the Assessment Board for higher rights of audience.

The applicant must specify in the application one of the following classes of proceedings as the class of proceedings in respect of which the applicant is applying for higher rights of audience—

An applicant under section 39H satisfies the eligibility requirements if the applicant—

For the purposes of subsection (1)(b), the applicant has the requisite experience if, during the period of 7 years immediately before the date of the application, the applicant—

Despite subsection (1)(c)—

An application under section 39H must be—

The fee referred to in subsection (1)(c) is payable to the Government.

The Assessment Board must, in relation to each calendar year, specify, by notice published in any manner that it considers appropriate, one or more periods during which applications may be made under section 39H.

As soon as practicable after an application is made to it under section 39H, the Assessment Board must consider the application, and decide whether to grant or refuse the application.

For the purposes of subsection (1), if the class of proceedings in respect of which the applicant is applying for higher rights of audience is that specified in section 39H(2)(c), the Assessment Board may grant the application—

As soon as practicable after a decision is made under subsection (1), the Assessment Board must—

Without affecting any other requirements applicable to an application made under section 39H, the Assessment Board may grant the application only if it is satisfied that the applicant—

For the purposes of subsection (1), the Assessment Board—

In considering an application under section 39H, the Assessment Board may—

In considering the application, the Assessment Board may have regard to—

If the Assessment Board proposes to grant the application under section 39K(2)(b) or to refuse the application, it must give the applicant an opportunity to make representations, whether in writing or in any other manner that it considers appropriate.

A person who has higher rights of audience under this Part ceases to have those rights on—

Despite subsection (1), the person reacquires the higher rights of audience—

As soon as practicable after being notified under section 39K(3) of the granting by the Assessment Board of an application in respect of any higher rights of audience, the Council must issue to the person by whom the application has been made a certificate in respect of those rights.

If under section 39O(1) the person ceases to have higher rights of audience (whether or not only for a specified period), any certificate issued to the person under this section in respect of those rights also ceases to have effect.

If, after any certificate issued to the person has ceased to have effect under subsection (2), the person reacquires under section 39O(2) the higher rights of audience covered by the certificate, the certificate is again to have effect on the reacquisition by the person of those rights.

If the Council is required to issue a certificate to any person under subsection (1), and the person also has higher rights of audience under this Part in respect of any class of proceedings other than those to which the certificate relates, the Council may, where it considers appropriate, issue to the person a certificate in respect of all higher rights of audience that the person has under this Part.

If a certificate is issued to a person under subsection (4), any earlier certificate issued in respect of any of the higher rights of audience covered by the certificate ceases to have effect.

A certificate issued under this section must be in a form prescribed by rules made under section 73(1)(de).

The Council must keep a list of all persons who have acquired higher rights of audience under this Part, whether or not they have subsequently ceased to have those rights.

The list must, in relation to those persons, contain—

As soon as practicable after becoming aware of any matter that would reasonably require the list to be updated, the Council must update the list accordingly.

As soon as practicable after updating the list, the Council must provide a copy of the updated list to the Registrar.

For the purpose of enabling any member of the public to ascertain whether a person has acquired higher rights of audience under this Part and to ascertain the particulars of those rights, the Council must make the list available for public inspection at the office of the Council during office hours without payment.

The Council may, in consultation with the Chief Justice and the Bar Council, issue a code of conduct for the purpose of setting out standards of professional conduct to be observed by solicitor advocates.

The Council may, in consultation with the Chief Justice and the Bar Council, from time to time revise the code.

The Council must publish the code and any revision to the code under subsection (2) in any manner that it considers appropriate.

The Chief Judge may appoint as a notary public in Hong Kong a person whom he considers to be a fit and proper person to be a notary public and who— (Amended 23 of 2002 s. 121)

The Chief Judge may designate a judge of the Court to exercise the powers conferred on him under subsection (1) to appoint a notary public. (Amended 23 of 2002 s. 121)

For the purposes of subsection (1)(a)(i), a person applying for appointment as a notary public who has, at any time within the period of 7 years ending on the date of his application for appointment, been suspended from practice as a solicitor under section 10(2)(b) shall be regarded as not having been on the roll of solicitors during the whole of the period of that suspension.

The Chief Judge may, upon application being made to him under this subsection, specify in a particular case a period for the purposes of subsection (1)(a)(iii) other than the period specified in that subparagraph. (Amended 23 of 2002 s. 121)

The Chief Judge may designate a judge of the Court to exercise the powers conferred on him under subsection (4) to specify an alternative period for the purposes of subsection (1)(a)(iii) in a particular case. (Added 14 of 2003 s. 4)

The Chief Justice may make rules prescribing the manner of appointment as a notary public under this section.

Every notary public, whether a notary public by virtue of registration under this Part as in force immediately before the commencement* of the Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998) or a notary public appointed under this Part on or after that commencement, has all the powers which immediately before that commencement were exercisable by a notary public under the law of Hong Kong.

Without affecting the generality of subsection (1), the reference to powers in that subsection includes a reference to—

Subsection (1) shall not be construed as affecting—

Where a power described in subsection (3)(a) or (b) is conferred by or under a law so described on notaries of 1 or more specified classes or descriptions, subsection (3) shall be construed and have effect in accordance with that law.

The Registrar shall continue to keep a register of notaries public and shall have the custody of the register and of all documents relating to the register and shall allow any person to inspect the register during office hours without payment.

The Registrar, upon production of a certificate of appointment signed by the Chief Judge and upon payment to the Registrar and to the Society of Notaries of any fees prescribed by the Chief Justice, shall enter on the register of notaries public the name of the person appointed.

The Chief Judge may, if he thinks fit, at any time order the Registrar to replace on the register of notaries public the name of a notary public whose name has been removed from or struck off the register of notaries public.

No person shall be qualified to practise as a notary public unless—

The requirement imposed by subsection (1)(d) does not apply in the case of a person who holds a current practising certificate as a solicitor issued by the Law Society and a current certificate of membership issued by the Society of Notaries.

On application in writing by a notary public in the month of November in any year, but subject to subsections (2) to (6), the Society of Notaries shall issue to the applicant a practising certificate as a notary public for the period of one calendar year from 1 January next following the date of the application.

Any application under subsection (1) shall be in a form approved by the Council of the Society of Notaries and shall be accompanied by payment of any fee prescribed by the Council for the issue of a practising certificate.

A practising certificate issued under subsection (1) shall be in a form prescribed by the Council of the Society of Notaries.

A practising certificate shall not be issued under subsection (1) unless the applicant has, where necessary, complied with any indemnity rules made by the Council of the Society of Notaries under section 73E or is exempt from them and has paid to the Society of Notaries the membership subscription in respect of the year for which the practising certificate is to be issued.

Despite subsection (1), the Society of Notaries may, upon such conditions as it thinks fit, permit an application for a practising certificate to be made under this subsection at any time and upon such application may issue to the applicant a practising certificate for any period not exceeding one calendar year and ending on 31 December in the year in which it is issued.

Despite subsection (1), the Society of Notaries may—

Where the Society of Notaries considers that a notary public has not complied with conditions imposed under subsection (6) it may, after affording the notary public the opportunity to make representations, suspend or cancel the notary public’s practising certificate with or without refunding any fee paid in respect of the practising certificate.

Where the name of a notary public is removed from or struck off the register of notaries public or where a notary public becomes bankrupt, the practising certificate of that notary public shall automatically determine and in any such case no part of the fee paid in respect of the practising certificate shall be repayable.

The publication in the Gazette by the Society of Notaries of notice containing a list of the names and addresses of those notaries public who have obtained practising certificates for the period stated in the notice shall, until the contrary is proved, be evidence that each person whose name appears in the list is a person qualified under section 40D to act as a notary public and to whom a practising certificate for the period stated in the notice has been issued under this section; and the absence from any such list of the name of any person shall, until the contrary is proved, be evidence that such person is not so qualified.

Where the Society of Notaries, in the exercise of the powers conferred on it under subsection (6) or (7), refuses to issue a practising certificate, issues a certificate subject to conditions, amends a certificate by adding conditions or suspends or cancels a certificate, the notary public may appeal to the Chief Judge against the decision of the Society of Notaries within 1 month of being notified of it. (Amended 23 of 2002 s. 121)

On an appeal to the Chief Judge under subsection (10), he may— (Amended 23 of 2002 s. 121)

Where the Chief Judge affirms a decision of the Society of Notaries under paragraph (a) of subsection (11) or gives a direction to the Society of Notaries under paragraph (b) of that subsection, the decision of the Chief Judge shall be final. (Added 23 of 2002 s. 121)

A notary public shall be liable to be disciplined under this Part if—

A notary public who is so incapacitated by physical or mental illness as to be unable to carry out notarial work shall be liable to be dealt with under this Part in the same manner as if he was liable to be disciplined under this Part, and for the purposes of any proceedings under this Part in relation to such a person references in this Part to the person’s conduct shall be read as references to his state of physical or mental health.

The Chief Justice shall appoint a Notaries Public Disciplinary Tribunal Panel consisting of—

A member of the Council of the Society of Notaries is not eligible to be appointed to or remain on the Panel.

A person appointed to the Panel shall be appointed for a term specified by the Chief Justice not to exceed 5 years but may be reappointed for a further term or terms.

The Chief Justice shall appoint one of the notaries public on the Panel as the Tribunal Convenor for a 3 year term and he may appoint one or more of the other notaries public on the Panel as a Deputy Tribunal Convenor for a 3 year term.

A Deputy Tribunal Convenor designated by the Tribunal Convenor or the Chief Justice may act in place of the Tribunal Convenor whenever the Tribunal Convenor is prevented from exercising the Tribunal Convenor’s functions under this Ordinance because of illness, absence from Hong Kong or any other cause, or if there is or is likely to be any conflict of interest on the part of the Tribunal Convenor.

Where the Council of the Society of Notaries considers as a result of a complaint being made to it or otherwise that a person who is, or was at the relevant time, a notary public may be liable to be disciplined under this Part it shall submit the matter to the Tribunal Convenor for the purpose of constituting a Notaries Public Disciplinary Tribunal to inquire into the conduct of the person.

Where a complaint is made to the Council of the Society of Notaries and the Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Council ought to have done so. (Amended 23 of 2002 s. 121)

A matter submitted to the Tribunal Convenor shall include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct.

On receiving a submission under section 40H, the Tribunal Convenor shall appoint from the Panel 2 notaries public and one lay person.

The persons so appointed constitute a Notaries Public Disciplinary Tribunal to inquire into the conduct of the notary public concerned.

When constituting a Notaries Public Disciplinary Tribunal, the Tribunal Convenor shall also appoint one of its members as chairman of the Tribunal.

A Notaries Public Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of—

A member of the Tribunal who becomes a member of the Council of the Society of Notaries ceases to be a member of the Tribunal.

A Notaries Public Disciplinary Tribunal shall sit at such places and at such times as the chairman of the Tribunal directs.

A Notaries Public Disciplinary Tribunal shall hold its proceedings in camera, except when the notary public whose conduct is being inquired into requests that the proceedings be open to the public.

A Notaries Public Disciplinary Tribunal shall have power to inquire into the conduct of any person in respect of which it was constituted.

On completion of its inquiry, a Notaries Public Disciplinary Tribunal shall have power to make such order as it thinks fit and any such order may, in particular, include provision for all or any of the following matters—

Every order made under subsection (2) shall be filed with the Secretary of the Society of Notaries and shall be available for inspection by any person affected during such hours as the Council of the Society of Notaries may prescribe, and a signed copy of every order shall be filed with the Secretary General of the Law Society within 14 days of its being made.

An order that may be made under subsection (2) may also be made in respect of a person who was, at the relevant time, a notary public.

For the purpose of conducting any inquiry under section 40J, a Notaries Public Disciplinary Tribunal shall have all such powers as are vested in the Court or in any judge in the course of any action or suit in respect of the following matters—

and a summons under the hand of the chairman of a Tribunal may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for compelling the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers shall be signed by the chairman of the Tribunal but shall not authorize the imprisonment of any offender for a period exceeding 1 month.

The Commissioner of Police and all police officers, the Commissioner of Correctional Services and all officers of the Correctional Services Department and all officers and bailiffs of the court are required to give their utmost assistance to every Notaries Public Disciplinary Tribunal and to every chairman of such Tribunal in the enforcement of the exercise of any power vested in the Tribunal or chairman, whether conferred by subsection (1) or otherwise.

Every member of a Notaries Public Disciplinary Tribunal shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.

All proceedings of a Notaries Public Disciplinary Tribunal shall be privileged.

A Notaries Public Disciplinary Tribunal constituted to inquire into the conduct of a person may inquire into other conduct of the person, but only if—

The power conferred by subsection (5) is exercisable only on the application of—

Notice is not reasonable for the purposes of subsection (5) if it is less than 7 days.

An order made by a Notaries Public Disciplinary Tribunal under section 40J(2) shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman of the Tribunal or by a member authorized by the Tribunal.

A signed copy of an order of a Tribunal in relation to a notary public shall be filed with the Registrar who shall enter a note of the order on the register of notaries public in connection with the name of the notary public and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after a copy of the order is so filed.

The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made under section 40J(2), order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate.

An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing.

On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of a date on which the application will be heard by a Tribunal.

Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman of the Tribunal or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order.

No order under subsection (6) shall be enforced until after the 14 days referred to in subsection (4) have elapsed or until after the Tribunal has made its decision under subsection (3).

Subject to subsection (2), an appeal shall lie to the Court of Appeal against any order made by a Notaries Public Disciplinary Tribunal and the provisions of Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to every such appeal save that the time for serving notice of motion of appeal shall be 21 days from the date of the decision and not 28 days as provided in that Order. (Amended 11 of 1999 s. 3; 10 of 2008 s. 33; 26 of 2012 s. 4)

Subsection (1) does not apply in relation to any decision of the Tribunal on an application under section 40L(4).

In any appeal under subsection (1) the Society of Notaries shall be the respondent.

The hearing of every appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal may otherwise direct.

The Court may make an order for the winding-up of the business of any notary public who is struck off the register of notaries public in such terms and appointing such solicitor or firm of solicitors with notarial practice or the Official Receiver under the Bankruptcy Ordinance (Cap. 6) or both as it thinks fit for that purpose.

The Court may make an order appointing any solicitor or firm of solicitors with notarial practice or the Official Receiver or both to manage the business of any notary public whose practising certificate is suspended, for the duration of the suspension.

Upon reasonable cause being shown to the Council of the Society of Notaries by a notary public, the Council may direct the Registrar to remove the name of such notary public from the register of notaries public and the Registrar shall remove such name from the register of notaries public.

With effect from the date of removal of a name under this section, the person whose name is so removed shall cease to be a notary public.

Where the name of a solicitor who is also a notary public is struck off the roll of solicitors by the Registrar under section 12(2) pursuant to an order made by the Solicitors Disciplinary Tribunal under section 10(2)(a), the Registrar shall as soon as practicable after that strike off the register of notaries public the name of that person and shall publish a notice of this fact in the Gazette within 14 days after the striking off the register of notaries public.

The expenses incurred by—

may be paid to the Society of Notaries out of general revenue upon a certificate issued by the Secretary for Justice.

The Secretary for Justice shall only issue a certificate under subsection (1) if he is satisfied that—

In this section, amendment Ordinance (《修訂條例》) means the Legal Practitioners (Amendment) Ordinance 1998 (27 of 1998).

Unless the context otherwise requires, reference in this or any other Ordinance—

Any person who— (Amended 27 of 1998 s. 5)

shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 11; 60 of 1994 s. 33)

Nothing in this section shall be construed as affecting any provision of the Consular Relations Ordinance (Cap. 259). (Added 27 of 1998 s. 5)

A person who, by virtue of section 7, is not qualified to act as a solicitor shall not act as a solicitor, or as such sue out any writ or process, or commence, carry on or defend any action, suit or other proceeding, in the name of any other person or in his own name, in any court of civil or criminal jurisdiction or act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any court or magistrate. (Amended 46 of 1989 s. 12; 47 of 1997 s. 10)

Any person who contravenes the provisions of this section shall—

(Repealed 60 of 1994 s. 34)

[cf. 1957 c. 27 s. 18 U.K.]

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as, a solicitor shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 11; 60 of 1994 ss. 33 & 35) [cf. 1957 c. 27 s. 19 U.K.]

Any person who—

shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Added 60 of 1994 s. 35)

Any unqualified person, not being a barrister or a notary public, who, unless he proves that the act was not done for or in expectation of any fee, gain or reward, either directly or indirectly—

shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 14)

This section shall not extend to—

Any unqualified person, not being a barrister or a notary public, who, either directly or as an agent of any person, whether or not that other person is a solicitor, barrister or notary public, takes instructions for or draws or prepares any paper on which to found or oppose a grant of probate or of letters of administration shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and, without prejudice to any other liability or disability to which he may be subject under this Ordinance or any other enactment, shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 14; 60 of 1994 s. 37) [cf. 1957 c.27 s. 21 U.K.]

This section does not apply to—

No solicitor shall wilfully and knowingly—

Where it appears to a Solicitors Disciplinary Tribunal or to the Court that a solicitor has acted in contravention of this section, the Solicitors Disciplinary Tribunal or the Court shall order his name to be struck off the roll of solicitors. (Amended 61 of 1992 s. 6)

Where the Court orders the name of a solicitor to be struck off the roll in respect of an offence under this section, it may further order that the unqualified person who was enabled by the conduct of the offender to act or practise as a solicitor shall be imprisoned for any period not exceeding 1 year.

[cf. 1957 c. 27 s. 34 U.K.]

Nothing in section 45(2)(b) or in section 50 prevents the recovery of moneys paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor while acting for the client without holding a practising certificate in force, if those moneys would have been recoverable had the solicitor held such a certificate in force when so acting. (Amended L.N. 162 of 1993; 2 of 2010 s. 6)

Nothing in section 45A(b) prevents the recovery of moneys paid or to be paid by a solicitor on behalf of a client in respect of anything done by the solicitor in purported exercise of any higher rights of audience as a solicitor while not having those rights under Part IIIB, if those moneys would have been recoverable had the solicitor had those rights under that Part. (Added 2 of 2010 s. 6)

A person who offers his services to the public as a practitioner of foreign law commits an offence unless he is a solicitor who satisfies all the requirements set forth in section 7, a barrister or a foreign lawyer. (Amended 42 of 2000 s. 14)

A person who is qualified to practise foreign law and who—

offers his services to the public as a practitioner of foreign law, does not commit an offence under subsection (1) so long as he does not so offer his services in any 12 month period for more than 3 continuous months or more than 90 days.

A foreign lawyer who offers his services to the public as a practitioner of foreign law in a capacity other than as a practitioner in a foreign firm or a Hong Kong firm commits an offence.

A foreign lawyer or foreign firm must not— (Amended 26 of 2012 s. 9)

Where a Hong Kong firm and a foreign firm have an agreement as described in section 39C(1) and they are not registered as an Association, the partners or the sole practitioners of each firm commit an offence.

A person who commits an offence under this section is liable to a fine of $500,000.

If any act is done by a body corporate, or by any director, officer or servant thereof, of such a nature or in such a manner as to be calculated to imply that the body corporate is qualified or recognized by law as qualified to act as a solicitor, the body corporate shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000, and, in the case of an act done by a director, officer or servant of the body corporate, such person shall also be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 ss. 11 & 13)

For the avoidance of doubt, it is hereby declared that in sections 45, 45A, 46, 47, 48, 49, 50 and 50B, references to unqualified persons and to persons include references to a body corporate. (Amended 2 of 2010 s. 7)

No solicitor whilst a prisoner in any prison shall as a solicitor, in his own name or in the name of any other solicitor, sue out any writ or process, or commence, prosecute or defend any action or any matter in bankruptcy.

Any solicitor commencing, prosecuting or defending any such action or matter in contravention of this section shall be incapable of maintaining any action for the recovery of any costs in respect of any business done by him whilst so confined as aforesaid, and he and any solicitor permitting him to commence, prosecute or defend any such action or matter in his name shall be guilty of contempt of the court in which such action or matter was commenced or prosecuted and may be punished accordingly.

[cf. 1957 c. 27 s. 35 U.K.]

No solicitor shall, in connection with his practice as a solicitor, without the written permission of the Society which may be given for such period and subject to such conditions as the Society thinks fit, employ or remunerate any person who, to his knowledge,—

No foreign lawyer shall, in connection with his practice as a foreign lawyer, without the written permission of the Society which may be given for such period and subject to such conditions as the Society thinks fit, employ or remunerate any person who, to his knowledge, was a foreign lawyer whose registration was cancelled other than under section 19 and who has not been re-registered or is a foreign lawyer whose registration is suspended. (Added 60 of 1994 s. 41)

No solicitor or foreign lawyer shall in connection with his practice as a solicitor or foreign lawyer employ or remunerate any person who, to his knowledge, is the subject of an order made by a Solicitors Disciplinary Tribunal under section 10(2)(g) whereby the employment of such person by any solicitor or foreign lawyer is prohibited, while such order is in force. (Amended 61 of 1992 s. 6)

No solicitor or foreign lawyer shall, in connection with his practice as a solicitor or foreign lawyer, without written permission of the Society, which may be given for such period and subject to such conditions as the Society may think fit, employ or remunerate any person, who, to his knowledge, has been convicted of a criminal offence involving dishonesty. (Replaced 25 of 1968 s. 13)

A solicitor or foreign lawyer aggrieved by the refusal of the Society to grant any such permission as aforesaid, or by any conditions attached by the Society to the grant thereof, may appeal to the Chief Judge, in such manner as may be prescribed by the Chief Justice, and on any such appeal the Chief Judge may confirm the refusal or the conditions, as the case may be, or may, in lieu of the Society, grant such permission for such period and subject to such conditions as he thinks fit. (Amended 23 of 2002 s. 110)

If any solicitor acts in contravention of the provisions of this section or of the conditions subject to which any permission has been given thereunder, his name shall be struck off the roll or he shall be suspended from practice for such period as a Solicitors Disciplinary Tribunal may think fit. (Amended 61 of 1992 s. 6)

If a foreign lawyer acts in contravention of the provisions of this section or of the conditions subject to which any permission has been given, his registration as a foreign lawyer shall be cancelled or shall be suspended for such period as a Solicitors Disciplinary Tribunal may think fit. (Added 60 of 1994 s. 41)

Any person who, while there is in force in respect of him an order made under section 10(2)(g) prohibiting his employment by any solicitor or foreign lawyer, seeks or accepts any employment by or remuneration from a solicitor or foreign lawyer in connection with his practice as a solicitor or foreign lawyer without previously informing the solicitor or foreign lawyer of that order shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 13)

Any person who, whilst he is disqualified from practising as a solicitor by reason of the fact that he has been struck off the roll or is suspended from practising as a solicitor, seeks or accepts employment by a solicitor in connection with that solicitor’s practice without previously informing him that he is so disqualified shall be guilty of an offence and shall be liable on summary conviction to a fine of $500,000. (Amended 46 of 1989 s. 11; 60 of 1994 s. 42)

A person whose registration as a foreign lawyer has been cancelled other than under section 19 or suspended and who seeks or accepts employment by a solicitor or foreign lawyer without previously informing the solicitor or foreign lawyer that his registration has been cancelled or suspended commits an offence and is liable to a fine of $500,000. (Added 60 of 1994 s. 42)

No proceedings under this section shall be commenced except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

[cf. 1957 c. 27 s. 37 U.K.]

Whether or not any rules made under section 74 are in force, a solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business by the solicitor, make an agreement as to the remuneration of the solicitor in respect thereof.

The agreement may provide for the remuneration of the solicitor by a gross sum, or by commission or percentage or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration therein stipulated for either shall or shall not include all or any disbursements made by the solicitor in respect of searches, plans, travelling, stamps, fees or other matters.

The agreement shall be in writing and signed by the person to be bound thereby or his agent in that behalf.

The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor: Provided that if on any taxation of costs the agreement is relied on by the solicitor and objected to by the client as unfair or unreasonable, the taxing officer may inquire into the facts and certify them to the Court, and if on that certificate it appears just to the Court that the agreement should be cancelled, or the amount payable thereunder reduced, the Court may order the agreement to be cancelled, or the amount payable thereunder to be reduced, and may give such consequential directions as it thinks fit.

[cf. 1957 c. 27 s. 57 U.K.]

If a mortgage is made to a solicitor, either alone or jointly with any other person, he, or the firm of which he is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

If, whether before or after the commencement of this Ordinance, a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and if any business is transacted or acts done by that solicitor, or by the firm of which he is a member, in relation to that mortgage, or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts. (Amended L.N. 307 of 1998)

[cf. 1957 c. 27 s. 58 U.K.]

An agreement such as is referred to in section 58—

A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as a solicitor, shall be void.

[cf. 1957 c. 27 s. 60 U.K.]

No action shall be brought upon any such agreement as is referred to in section 58, but the court may, on the application of any person who is a party to, or the representative of a party to, the agreement, or who is, or who is alleged to be, liable to pay, or who is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, enforce or set aside the agreement and determine every question as to the validity or effect thereof.

On any such application the court—

If the business covered by any such agreement is business done, or to be done, in any action, the amount payable under the agreement shall not be received by the solicitor until the agreement has been examined and allowed by a taxing officer of the court, and, if the taxing officer is of opinion that the agreement is unfair or unreasonable, he may require the opinion of the court to be taken thereon and the court may reduce the amount payable thereunder, or order the agreement to be cancelled and the costs covered thereby to be taxed as if the agreement had never been made.

When the amount agreed for under any such agreement has been paid by or on behalf of the client or by any person entitled so to do, the person making the payment may at any time within 12 months after payment apply to the court and the court, if it appears to it that the special circumstances of the case require the agreement to be reopened, may, on such terms as may be just, reopen the agreement and may order the costs covered thereby to be taxed and the whole or any part of the amount received by the solicitor to be repaid by him.

Where any such agreement is made by the client as the guardian or committee of, or as a trustee under a deed or will for, any person whose property will be chargeable with the whole or any part of the amount payable under the agreement, the agreement shall, before payment, be laid before the taxing officer of the court, and that officer shall examine the agreement and may disallow any part thereof, or may require the opinion of the court to be taken thereon.

Any such client as is mentioned in subsection (5), who pays the whole or any part of the amount payable under the agreement without the agreement having been allowed by the taxing officer or by the court, shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged, and the solicitor who accepts the payment may be ordered by the court to refund the amount received by him.

[cf. 1957 c. 27 s. 61 U.K.]

If, after some business has been done under an agreement made in pursuance of the provisions of section 58 but before the solicitor has wholly performed it, the solicitor dies or becomes incapable of acting, any party to, or the representative of any party to, the agreement may apply to the court and the court shall have the same jurisdiction as to enforcing the agreement so far as it has been performed, or setting it aside, as it would have had if the solicitor had not died or become incapable of acting: Provided that the court may, notwithstanding that it is of opinion that the agreement is in all respects fair and reasonable, order the amount due in respect of the business done thereunder to be ascertained by taxation, and in that case— (a)the taxing officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and (b)payment of the amount found by him to be due may be enforced in the same manner as if the agreement had been completely performed.

The provisions of subsection (1) shall apply in the event of the client changing his solicitor (as, notwithstanding the agreement, he shall be entitled to do) before the conclusion of the business to which the agreement relates in the same manner as they apply when the solicitor dies or is incapacitated, with this modification, that if an order is made for the taxation of the amount due to the solicitor in respect of the business done under the agreement the court shall direct the taxing officer to have regard to the circumstances under which the change of solicitor has taken place, and the taxing officer, unless he is of opinion that there has been no default, negligence, improper delay or other conduct on the part of the solicitor affording to the client reasonable ground for changing his solicitor, shall not allow to the solicitor the full amount of the remuneration agreed to be paid to him.

Nothing in section 58, 59, 60, 61 or 62 shall give validity to—

A solicitor may take security from his client for his costs to be ascertained by taxation or otherwise.

Subject to the provisions of any rules of court, upon every taxation of costs with respect to any contentious business, the taxing officer may—

The jurisdiction of the Court to make orders for the delivery by a solicitor of a bill of costs and for the delivery up of, or otherwise in relation to, any deeds, documents or papers in his possession, custody or power is hereby declared to extend to cases in which no business has been done by him in the Court.

If a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and any business is transacted or acts are done by that solicitor, or by the firm of which he is a member, in relation to that mortgage or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

[cf. 1957 c. 27 s. 67 U.K.]

Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until 1 month after a bill thereof has been delivered in accordance with the requirements of this section: Provided that, if there is probable cause for believing that the party chargeable with the costs is about to quit Hong Kong, or become a bankrupt, or to enter into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6), or to do any other act which would tend to prevent or delay the solicitor obtaining payment, the Court may, notwithstanding that 1 month has not expired from the delivery of the bill, order that the solicitor be at liberty to commence an action to recover his costs and may order those costs to be taxed. (Amended 50 of 1982 s. 8; 27 of 1998 s. 7)

The said requirements are as follows—

and where a bill is proved to have been delivered in compliance with those requirements, it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed, until the contrary is shown, to be a bill bona fide complying with this Ordinance.

[cf. 1957 c. 7 s. 68 U.K.]

On the application, made within 1 month of the delivery of a solicitor’s bill or a foreign lawyer’s bill, of the party chargeable therewith the Court shall, without requiring any sum to be paid into court, order that the bill shall be taxed and that no action shall be commenced thereon until the taxation is completed. (Amended 80 of 1997 s. 40)

If no such application is made with in the period mentioned in subsection (1), then, on the application of the solicitor or the foreign lawyer, or of the party chargeable with the bill, the Court may, upon such terms, if any, as it thinks fit (not being terms as to the costs of the taxation), order— (Amended 80 of 1997 s. 40)

Every order for the taxation of a bill shall require the taxing officer to tax not only the bill but also the costs of taxation and to certify what is due to or by the solicitor in respect of the bill and in respect of the costs of the taxation.

If after due notice of any taxation either party thereto fails to attend, the taxing officer may proceed with the taxation ex parte.

Unless—

the costs of the taxation shall be paid according to the event of the taxation, that is to say, if one-sixth or more of the amount of the bill is taxed off, the solicitor or the foreign lawyer, shall pay the costs, but otherwise the party chargeable shall pay the costs: (Amended 80 of 1997 s. 40)

Provided that— (i)if, in the case of a bill for non-contentious business, not less than half of the amount of the bill before taxation consists of costs for which no scale charge is prescribed, for the reference in this subsection to one-sixth of the amount of the bill there shall be deemed to be substituted a reference to one-fifth thereof; (ii)the taxing officer may certify any special circumstances relating to the bill or the taxation thereof to the Court, and the Court may make thereon any such order as it thinks fit respecting the payment of the costs of the taxation.

[cf. 1957 c. 27 s. 69 U.K.]

Where a person other than the person who is the party chargeable with the bill for the purposes of section 67 has paid, or is or was liable to pay, the bill to the solicitor or the foreign lawyer, or to the party chargeable with the bill, that person or his executors, administrators or assignees may apply to the Court for an order for the taxation of the bill as if he were the party chargeable therewith, and the Court may make thereon the same order, if any, as it might have made if the application had been made by that party: Provided that, in cases where the Court has no power to make an order except in special circumstances, the Court may, in considering whether there are special circumstances sufficient to justify it in making an order, take into account circumstances affecting the applicant but which do not affect the party chargeable with the bill.

If a trustee, executor or administrator has become liable to pay a bill of a solicitor or of a foreign lawyer the Court may, upon the application of any person interested in any property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill, and upon such terms, if any, as it thinks fit, order the bill to be taxed, and may order such payments, in respect of the amount found due to or by the solicitor or the foreign lawyer and in respect of the costs of the taxation, to be made to or by the applicant, or to or by the solicitor or the foreign lawyer, or to the executor, administrator or trustee as it thinks fit: Provided that in considering any such application the Court shall have regard to— (a)the provisions of section 67 as to applications by the party chargeable with a solicitor’s bill or a foreign lawyer’s bill so far as they are capable of being applied to an application made under this subsection; (b)the extent and nature of the interest of the applicant.

If an applicant under subsection (2) pays any money to the solicitor or the foreign lawyer, he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the bill as the solicitor or the foreign lawyer had.

On an application made under this section—

Every application for an order for the taxation of a solicitor’s bill or a foreign lawyer’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by a solicitor or by a foreign lawyer shall be made in the matter of that solicitor or that foreign lawyer. (Amended 80 of 1997 s. 42)

The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.

[cf. 1957 c. 27 s. 71 U.K.]

The Council may make rules—

Every rule made by the Council under this section shall be subject to the prior approval of the Chief Justice. (Amended 52 of 1980 s. 2)

No rule made under subsection (1)(b), (c) or (d) shall apply to a person to whom section 75(1) applies insofar as such person is acting in the course of the employment which gives rise to the application of that section. (Amended 50 of 1982 s. 5; 60 of 1994 s. 45)

The Council may make rules (in this Ordinance referred to as indemnity rules) concerning indemnity against loss arising from claims in respect of any description of civil liability incurred—

For the purpose of providing such indemnity, indemnity rules—

Without prejudice to the generality of subsections (1) and (2), indemnity rules—

If any solicitor (not being a solicitor who is exempt from complying with indemnity rules) fails to comply with the rules any person may make a complaint in respect of that failure to the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel. (Amended 60 of 1994 s. 46)

The Society shall have power, without prejudice to any of its other powers, to carry into effect any arrangements which it considers necessary or expedient for the purpose of indemnity under this section.

Every rule made by the Council under this section shall be subject to the prior approval of the Chief Justice.

No rule made under this section shall apply to a person to whom section 75 applies in so far as such person is acting in the course of the employment which gives rise to the application of that section. (Amended 50 of 1982 s. 6)

The Assessment Board may make rules—

Without limiting subsection (1), any rules made under subsection (1)(a)(i) that provide for requirements regarding completion of any courses or training, or passing of any assessments or examinations, may provide for—

The Assessment Board may delegate to any committee of the Board any of its powers or duties in relation to any interview conducted as a result of a requirement made by the Board under section 39M(1)(b).

For the purposes of subsection (1), the Assessment Board may establish a committee of the Board by appointing as members of the committee at least 3 members of the Board, of whom—

Subject to the other provisions of this Ordinance, a committee established under subsection (2) may regulate its own procedure.

Any delegation under subsection (1) may be made generally or in relation to any particular case (whether in relation to any particular interview or interviews or otherwise).

The Council of the Society of Notaries may make rules—

Without limiting the effect of subsection (1)(a)(ii), rules made under that paragraph may provide—

and such rules may provide that any provision of Part IV dealing with the discipline of notaries public (including the appointment of members of the Notaries Public Disciplinary Tribunal Panel to constitute a Notaries Public Disciplinary Tribunal to inquire into the conduct of a notary public) shall apply in relation to employees of notaries public.

Every rule made by the Council of the Society of Notaries under this section shall be subject to the prior approval of the Chief Justice.

The Council of the Society of Notaries may make rules concerning indemnity against loss arising from claims in respect of any description of civil liability incurred—

For the purpose of providing such indemnity, rules made under this section—

Without prejudice to the generality of subsections (1) and (2), rules made under this section—

The Society of Notaries shall have power, without prejudice to any of its other powers, to carry into effect any arrangements which it considers necessary or expedient for the purpose of indemnity under this section.

Every rule made by the Council of the Society of Notaries under this section shall be subject to the prior approval of the Chief Justice.

There is hereby established a Costs Committee consisting of the following persons—

None of the persons appointed under subsection(1)(e) may be a legal practitioner or a public officer. (Added 94 of 1997 s. 13)

The quorum for a meeting of the Costs Committee is the Chairman and 5 members. (Replaced 94 of 1997 s. 13)

The Costs Committee may make rules—

Every rule made under this section shall be subject to the prior approval of the Chief Justice.

So long as any rules made under this section are in operation, taxation of bills of costs of solicitors in respect of non-contentious business shall, subject to the provisions of section 5, be regulated by such rules.

There is established by this section a Standing Committee on Legal Education and Training.

The functions of the committee are—

The committee shall consist of—

A member of the committee who is unable to attend a meeting of the committee, except for a member appointed pursuant to subsection (3)(a)(viii), may, subject to the consent of the chairman, send a substitute to attend the meeting in his place and the substitute shall be deemed to be a member of the committee for the purpose of that meeting.

A member of the committee including the chairman shall hold office for a term not exceeding 2 years.

A member of the committee including the chairman may at any time resign from the committee by giving notice in writing of his resignation to the Chief Executive.

The Secretary for Justice may publish notice of the appointment or termination of membership of a member (including the chairman) appointed pursuant to this section in the Gazette.

The committee shall report annually to the Chief Executive and its annual report shall be tabled in the Legislative Council.

The committee may determine its own procedure.

Notwithstanding the repeal of section 27A by section 8 of the Legal Practitioners (Amendment) Ordinance 2000 (42 of 2000) (the amending Ordinance), where a person, on or before the date appointed by the Secretary for Justice by notice in the Gazette for the coming into operation of section 8(2) of the amending Ordinance, meets the requirements in section 27A(1)(a) to (d), as that section existed before its repeal, the Court may at any time admit such person as a barrister of the High Court of Hong Kong in accordance with the said section 27A(1).

The Court shall not admit as a barrister, under subsection (1), more than 4 persons in any period of 12 months.

For the avoidance of doubt, section 27A(1)(e) and (3) does not apply to admission as a barrister under this section.

Nothing in this Ordinance shall—

(Omitted as spent—E.R. 2 of 2019)