FRIDAY, JUNE 6, 1986
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CHANGES IN RULES FOR BARRISTERS
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THE LEGAL PRACTITIONERS ORDINANCE, BARRISTERS (QUAL IF ICATION) (AMENDMENT) RULES 1986 GAZETTED TODAY (FRIDAY) PROVIDES FOR A PERIOD OF PUPILLAGE IN HONG KONG TO BE SERVED BEFORE A BARRISTER IS ENTITLED TO PRACTISE.
THIS IS TO ENSURE THAT BARRISTERS IN HONG KONG ARE FAMILIAR WITH LOCAL LAWS AND CONDITIONS BEFORE THEY COMMENCE PRACTICE IN THE IR OWN RIGHT.
THE CHANGES IN THE RULES ARE APPLICABLE ONLY TO BARRISTERS ADMITTED ON OR AFTER JUNE 1, 1986. BARRISTERS ADMITTED BEFORE THAT DATE ARE ENTITLED TO HAVE THE IR RIGHT TO PRACTISE GOVERNED BY THE LAW AT THE TIME OF THEIR ADMISSION.
BARRISTERS ADMITTED FOR A PARTICULAR CASE OR PARTICULAR CASES (USUALLY, ENGLISH QUEEN'S COUNSEL) ARE NOT SUBJECT TO THE REQUIREMENT OF PUPILLAGE.
A BARRISTER FROM THE UNITED KINGDOM WISHING TO SERVE PUPILLAGE IN HONG KONG MAY NOT KNOW ANY HONG KONG RESIDENTS WHO ARE ABLE TO GIVE HIM CERTIFICATES OF GOOD CHARACTER. ACCORDINGLY, THE REQUIREMENT THAT THESE REFEREES SHOULD BE RESIDENT IN HONG KONG IS DELETED.
PROVISION IS MADE FOR AN APPEAL FROM THE DECISIONS OF THE CHIEF JUSTICE UNDER THE AMENDED RULES.
THE RULE RELATING TO THE REQUIREMENTS OF PUPILLAGE HAS BEEN REDRAFTED TO MAKE IT MORE COMPREHENSIVE AND TO EXCLUDE PUPILLAGE OVERSEAS AS APPROVED PUPILLAGE.
A NEW RULE HAS BEEN INTRODUCED TO ALLOW THE CHIEF JUSTICE TO REDUCE THE PERIOD OF APPROVED PUPILLAGE (TO A MINIMUM OF THREE MONTHS) WHERE HE IS SATISFIED THAT THE BARRISTER IS AN EXPERIENCED ADVOCATE.
LOCAL BARRISTERS MAY BE ALREADY SERVING PUPILLAGE IN THE UNITED KINGDOM OR HAVE MADE ARRANGEMENTS TO DO SO. ACCORDINGLY, A NEW RULE EMPOWERS THE CHIEF JUSTICE TO ALLOW THIS PUP ILLAGE DURING THE TRANSITIONAL PERIOD.
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