A446
Ord. No. 46/89
LEGAL PRACTITIONERS (AMENDMENT)
(1AB) In addition to the powers conferred on it by subsection (1) and notwithstanding section 4(1), but subject to subsection (1AE), the Court may, after the Chief Justice has consulted the Attorney General and the Council, admit a person as a solicitor of the Supreme Court of Hong Kong, in such manner as may be prescribed by the Chief Justice, if
(a) the Court is satisfied that he
(i) has been admitted as a solicitor in a jurisdiction listed in Schedule 1 or if there is no admission of solicitors in such jurisdiction, as a legal practitioner in that jurisdiction;
(ii) has been employed for at least 7 years in the public service of the Government as a legal officer;
(iii) has been so employed--
(A) for a period of at least 3 years; and
(B) either immediately or recently before the date of his application
for admission,
on work similar to that usually undertaken by a solicitor in Hong Kong in the course of his practice;
(iv) intends, if admitted, to commence practice as a solicitor; and (v) is a fit person to be a solicitor; and
(b) he has passed an examination in solicitor's accounts specified for the
purposes of this paragraph by the Council.
(1AC) Subsection (1AB)(b) shall not apply in any case where the Chief Justice, after consultation with the Council, is satisfied that the applicant concerned has previously passed an examination in solicitor's accounts.
(1AD) Notwithstanding subsection (1) and section 4(1), the Court may, in such manner as may be prescribed by the Chief Justice, admit a person as a solicitor of the Supreme Court of Hong Kong if the Court is satisfied that he—
(a) is a teacher in a course leading to a Postgraduate Certificate of Laws and is employed and has been employed for at least one year as a full time law lecturer at the Department of Professional Legal Education of the University of Hong Kong or at any other institution approved for the purposes of this paragraph by the Chief Justice after consultation with the Attorney General and the Council;
(b) has been admitted in a jurisdiction listed in Schedule 1 as a solicitor, or if there is no admission of solicitors in such jurisdiction, as a legal practitioner in that jurisdiction,
(c) has in that jurisdiction been engaged for at least 2 years in work that would, if undertaken in Hong Kong, be similar to that usually undertaken by a solicitor in Hong Kong in the course of his practice; and
(d) is a fit person to be a solicitor.
(IAE) The Court shall not admit under subsection (IAB) more than 10 persons in any period of 12 months.
(1AF) In this section "legal officer" means-
(a) a legal officer within the meaning of the Legal Officers Ordinance
(Cap. 87);
(b) a person appointed under section 3 of the Legal Aid Ordinance (Cap. 91);
and
LEGAL PRACTITIONERS (AMENDMENT)
Ord. No. 46/89
A447
(c) any person deemed to be a legal officer for the purpose of the Legal Officers Ordinance (Cap. 87), by virtue of section 2(3) of the Registrar General (Establishment) Ordinance (Cap. 100).".
Practising certificates solicitors
3.
Section 6 is amended-
(a) by adding after subsection (1)—
“(1A) A practising certificate issued to a solicitor admitted under section 3(1AD) is subject to the condition that the solicitor shall not practise on his own account or in partnership."; and
(b) by repealing the proviso to subsection (6) and substituting-
"(6A) Notwithstanding subsection (6), if the Council considers that an applicant has acquired substantial experience in the law, either in Hong Kong or in the United Kingdom, over a considerable period of time the Council may reduce the period of 2 years to a period of—
(a) one year; or
(b) where immediately before his admission as a solicitor, the applicant was working in the office of a solicitor in Hong Kong, one year less one day for each day of the period he so worked, but the Council shall not reduce the period of 2 years to less than 9 months.".
Qualifications for practising as solicitor
4. Section 7(c) is repealed and the following substituted— "(c) he has in force a current practising certificate; and".
Removal from roll
5.
Section 19 is amended-
(a) in subsection (2) by repealing "such removal" and substituting "removal of a
name under this section"; and
(b) by adding after subsection (3)—
"(4) Where the Registrar is satisfied that a person who was admitted as a solicitor under section 3(IAD) is no longer qualified under para- graph (a) of that section, he shall, unless the person has become qualified otherwise under this Ordinance, remove his name from the roll of solicitors.
(5) Without prejudice to the generality of subsection (1), where a person admitted under section 3(IAB) 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.".
Expenses of Disciplinary Committee and of Society
6.
Section 25(2)(c) is amended by repealing "solicitor" and substituting “person”.
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