Repeal and replacedaem dl Section 6.
2
(i) by inserting after "Ordinance" the following—
"and who-
(a) is a British subject; or
(b) has been ordinarily resident in Hong Kong for a
total period of not less than 7 years":
(b) by inserting after subsection (1) the following new subsections-- *(IA) For the purposes of subsection (1), a person shall be treated as ordinarily resident in any one year if he is present in Hong Kong for a period of not less than 180 days in that year,
11
(18) The Court may, when admitting a person as a solicitor, sl In chambers."; and
1
(c) in subsection (3)--
4.
() by inserting after "High Court" the following-
(i) by deleting following-
+
the Crown Court";
n
the Solicitors Act 1957" and substituting the "the Solicitors Acı 1974".
Section 6 of the principal Ordinance is repealed and replaced by the following-
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(0) The Socisty, on application in writing by a solicitor in the mouth of November in any year la such form as may be prescribed by the Committee and on pay- ment 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 the 1st January next following the date of the application.
(2) A practising certificate jasued under subsection (1) shall be in such form as may be prescribed by the Com- mittee.
(3) A practising certificate shall not be issued under subsection (1) unless the applicant has, where necessary, delivered to the Committee an accountant's report under section 8 and has paid to the Society the membership sub- scription in respect of the year for which the practising certificate is to be issued.
(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 excred- ing one calendar year and ending on the 31st December in the year in which it is issued.
(5) Notwithstanding subsection (1) the Society may (a) refuse to issue a practising certificate on much grounds as may be prescribed by the Chief Justice;
OT
(6) issue a practising certificate to an applicant subject to such conditions as may be prescribed by the Chief Justice.
(6) It shall be a condition of a practising certificate issued for the first time on or after the 1st August 1976
3
to any solicitor who does not satisfy the Committee 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 for such period not exceeding 2 years after his admission as the Committee may direct:
Provided that if the Cammittee considers that an applicant has acquired substantial experience in the law, cither in Hong Kong or in the United Kingdom over a consider- able period of time the Committee may declare that this subsection shall not apply.
(7) Where the name of a solicitor is removed from or struck off the roll of solicitors or where a receiving order in bankruptcy is in force against him, the practising certifi- cate of that solicitor shall automatically determino and in any such case no part of the fee paid in respect thereof shall be repayable.
(8) The publication in the Gazerre 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.
(9) Where the Society, in the exercise of the powers conferred on it under subsection (5), refuses to issue a prac- tising certificate or issues a certificate subject to conditions, the applicant may appeal to the Chicf Justice against the decision of the Society within 1 month of being notified of it.
(10) Where the Committee refuses to disapply subsec- tion (6) in the case of an applicant who claims to have acquired substantial experience in the law, either in Hong Kong or in the United Kingdom, over a considerable period of time, the applicant may appeal to the Chief Justics against the decision of the Committee within 1 month of being informed of that decision.
(11) On an appeal to the Chief Justice under subsec- tion (9) or (10) be may-
(a) affirm the decision of the Society or Committee; or (8) direct the Society to issue a practising certificate to the applicant free from conditions or subject to such conditions as he thinks ft.".
5. Section & of the principal Ordinance is amended by deleting Amex of subsection (4).
Faction 1.
Section 21 of the principal Ordinance is repealed and replaced Repeat N by the following
**PONG SO probildu
Bakid
articled clerks,
21. (1) Where the Society refuses to issue a practising certificate to a solicitor under section 6, the Committee may by notice in writing to that solicitor prohibit him from taking an articled clerk.
replacement of section 21.