Barristers (Advanced Legal Education Requirement) Rules
(Enacting provision omitted—E.R. 2 of 2019)
[28 March 2003] L.N. 91 of 2003
(Format changes—E.R. 2 of 2019)
(Omitted as spent—E.R. 2 of 2019)
In these Rules, unless the context otherwise requires—
ALE course (進修課程) means a course provided by—(a)the Bar Council under section 3(2)(a);(b)an authorized person pursuant to an authorization under section 3(2)(b);(c)any person in accordance with an approval under section 3(2)(c); ALE points (進修學分) means the points awarded to a pupil for the satisfactory completion of any ALE course; authorized person (獲授權人) means any person who is authorized under section 3(2)(b) to provide ALE courses; certificate of eligibility for pupillage (符合資格為實習大律師證明書) means a certificate of eligibility for pupillage for the purpose of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. 159 sub. leg. AC); course (課程) means any workshop, lecture, seminar, course or other mode of instruction; limited practising certificate (具限定範圍的執業證書) means a certificate issued by the Bar Council under section 30 of the Ordinance to a person who is qualified to practise as a barrister to a limited extent under section 31(2) of the Ordinance; period of approved pupillage (認可實習大律師實習期) means the period of approved pupillage mentioned in rule 9 of the Barristers (Qualification) Rules (Cap. 159 sub. leg. E) or section 9 of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. 159 sub. leg. AC); Programme (進修計劃) means the Advanced Legal Education Programme referred to in section 3; pupil (實習大律師) means a person serving a period of approved pupillage.The Bar Council shall, in accordance with these Rules, institute and organize for pupils a programme of compulsory legal education to be known as the “Advanced Legal Education Programme”. (E.R. 2 of 2019)
In instituting and organizing the Programme, the Bar Council shall have the power to—
provide courses;
authorize a person to provide courses, and revoke any such authorization;
approve any course provided by any person, and revoke any such approval;
determine the number of points to be accredited to any ALE course, and revoke, vary or amend any such determination;
specify what shall constitute attendance at any ALE course for the purposes of these Rules;
specify the circumstances under which a pupil who attends an ALE course will not be entitled to be awarded the ALE points accredited to that course;
require pupils to attend any ALE course,
and in exercising any power conferred by paragraph (b), (c) or (d), the Bar Council may impose such conditions as it considers necessary.
The Bar Council shall inform every person applying for a certificate of eligibility for pupillage, and make available to all pupils undergoing a period of approved pupillage, of the requirement to complete the Programme and shall provide such person with information regarding—
the Programme as in force at that time, including the number of ALE points which a pupil must obtain and the ALE courses which a pupil must attend to complete the Programme, and the requirements under section 5; and
the ALE courses being offered from time to time under the Programme, including the dates on which such courses are intended to be offered and the number of ALE points accredited to each such course.
In order to complete the Programme, a pupil must—
attend such ALE courses as may be required under section 3(2)(g); and
obtain a total of 14 ALE points by his attendance at ALE courses.
Except as provided in section 6, a pupil must both begin and complete the Programme within his period of approved pupillage.
A pupil must keep a record in a form approved by the Bar Council of all the ALE courses he has attended.
A pupil shall submit to the Bar Council the record and such other information relating to his participation in the Programme in such manner and within such period as the Bar Council considers necessary.
If a pupil has before the commencement of his period of approved pupillage attended any course that is similar in nature to an ALE course he may, on application in writing to the Bar Council and at the discretion of the Bar Council, be awarded with an appropriate number of ALE points in respect of the course.
If after the commencement of his period of approved pupillage a pupil attends the remainder of any course that he had attended in part before commencing his period of approved pupillage, being a course that is similar in nature to an ALE course, he may, on application in writing to the Bar Council and at the discretion of the Bar Council, be awarded with an appropriate number of ALE points in respect of the course.
Where a pupil has failed to undertake and complete the Programme in accordance with these Rules, the Bar Council may—
refuse to extend the validity of any limited practising certificate beyond the end of the pupil’s period of approved pupillage;
refuse to issue a new limited practising certificate; and
defer issuing a practising certificate until such time as the pupil has completed the Programme.
Where a pupil has completed the Programme in accordance with these Rules, the Bar Council shall issue to the pupil a certificate to that effect.
Where the period of approved pupillage of a pupil has been reduced under rule 10 or 12 of the Barristers (Qualification) Rules (Cap. 159 sub. leg. E) or section 16 of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. 159 sub. leg. AC), the Bar Council may, on application by the pupil in writing, exempt the pupil from any or all of the requirements under section 4 or 5.
The Bar Council may, on application by a pupil in writing, exempt the pupil from any or all of the requirements under section 4 or 5 if it is satisfied that it is fair and reasonable to grant the exemption.
Where exemption is granted under subsection (1) or (2), the Bar Council may impose such conditions as it considers necessary.
An authorized person and any person who provides a course approved by the Bar Council under section 3(2)(c) shall, in accordance with guidelines issued by the Bar Council, retain an attendance record of each pupil who has attended the ALE course.
The Bar Council may require an authorized person and any person who provides a course approved by the Bar Council under section 3(2)(c) to produce the attendance record of a pupil to the Bar Council within a reasonable period after the pupil has attended the ALE course.
A person aggrieved by a decision made by the Bar Council under section 3, 4, 5, 6, 7, 8 or 9 in respect of the operation of the Programme may apply in writing to the Bar Council for a review of the decision within 1 month after being informed of the decision.
The Bar Council shall consider the application and may confirm or vary its decision.
These Rules apply to pupils who commence their period of approved pupillage on or after the date when these Rules enter into force .