Practising certificates--- barristers,
Qualifica-
tion for practising as barrister.
14
as may be prescribed by the Chief Justice shall enter upon the roll of barristers the name of the person enrolled.
(3) The Chief Justice may, if he thinks tit, at any time order the Registrar to replace on the roll of barristers the name of a barrister whose name has been removed or struck off the roll of barristers.
30. (1) The Registrar, upon application in writing by a barrister in the month of November in a year and upon payment of such fee as may be prescribed by the Chief Justice and upon being satisfied in such manner as may be prescribed by the Chief Justice that the person to whom the application relates is entitled to the issue to him of a practis- ing certificate, shall issue to the applicant a practising certificate as a barrister in such form and for the period of one calendar year from the 1st day of January next following the date of the application:
Provided that---
(a) the Registrar, in his absolute discretion and upon such condi- tion as he 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 the 31st day of December in any year; and
(6) 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 for or of any part thereof.
(2) The publication in the Gazette by the Registrar 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 evid- ence that such person is not so qualified.
31. No person shall be qualided to practise as a barrister unless-
(a) his name is for the time being on the roll of barristers;
(b) he is not suspended from practice; and
(c) he has in force a current practising certificate which shall be deemed not to be in force while he is suspended from practice under the provisions of section 32 or 34.
15
32. The Court shall have power on reasonable cause being shown Power of to remove from or strike off the roll of barristers or to suspend from Court to strike off practice any barrister who has been guilty of such misconduct as to make
or suspend him unfit to practise, whereupon the Registrar shall enter a note of the barrister. Court order on the roll of barristers in connexion with the name of the barrister and where the order so directs, shall remove or strike off the
LATTIA,
33. The Bar Committee shall have a general right of audience, by Per Com any member of the Bar Committee appointed for that purpose by the mitter- Bar Committee or by any other counsel-
(a) before a Committee of Enquiry: and (6) before the Court on the hearing of-
(i) any application to the Court for admission and enrol- ment as a barrister; and
(i) any proceedings in the Court relating to, affecting or touching any matter affecting the qualification or examination of a person secking to be a barrister or the removal from or restoration to the roll of barristers or suspension from practice of barristers or affecting the privilegos, restrictions or offences în connexion with the professional practice, conduct and dia- cipline of a barrister,
and in any such case, whether the Bar Committee has or is seeking au- dience or not, the Bar Committee shall be served with a copy of every necessary document tiled with the Registrar.
general right of audience.
Committee
34. (1) Without derogating from the right of the Court to act on Establish. its own motion under section 32, the Chief Justice, upon application meat of being made in writing by the Attorney General or by the Bar Committee. of Enquiry. may appoint a Committee of Enquiry to exercise the function set out in section 35.
(2) A Committee of Enquiry shall consist of→
(a) one of Her Majesty's Counsel for Hong Kong, being a practis- ing barrister, unless the Chief Justice is of the opinion that in the circumstances of the case such an appointment is impracti- cable or inadvisable; and
() not less than two nor more than four, or in the event of no appointment being made under paragraph (4) not less than three nor more than five, practising barristers of not less than five years standing.
(3) The Chairman of a Committee of Enquiry shall be appointed by the Chief Justice.
(4) A Committee of Enquiry shall sit in camera in such place and at such time as the Committee of Enquiry may direct.