1963-HKRS30-8-54_Part05 — Page 15

Service of articles.

Irregular service.

(7) Where articles have been registered with the Registrar within the period stipulated in paragraph (2) the term of service thereunder shall commence upon the date of execution thereof or upon such later date as may be specified therein but if the articles are not produced to the Registrar within such period, service thereunder shall, unless the Society may otherwise direct, be reckoned as commencing upon the date of the production of such articles to the Registrar, and a note to that effect shall be endorsed thereon by the Registrar.

(8) Service of an articled clerk under articles of which registration has been refused shall not be deemed to be good service.

9. (1) Subject to the provisions of paragraph (2), every articled clerk shall, during the whole term of his articles, be actually employed in the proper business, practice and employment of a solicitor by the solicitor to whom he is articled.

(2) For the purposes of this rule, the following periods shall be reckoned as if they were periods of employment with the solicitor to whom the clerk is articled and as good service under the articles---

(a) with the permission of that solicitor, a period not exceeding one year in the employment in the proper business, practice and employment of another solicitor, so long as there is not a prohibition in force under section 21 of the Ordinance in respect of such solicitor:

(5) where the term of articles is five years-

(i) not more than twelve months during the first two and a half years of the term to prepare for the Part 1 examination: and

(ii) not more than twelve months during the last twelve months of the term to prepare for the Part El examination:

(c) where the term of articles is three or four years, not more than twelve months during the last twelve months of the term to prepare for the Part II examination;

( where the term of articles is two and a half years, not more than six months during the last six months of the term 19 prepare for the Part II examination; and

(e) such period as the Society in its discretion may permit to be

so reckoned.

10. (I) Unless the Society otherwise directs, the following may not be reckoned by an articled clerk as good service under articles-

(a) service by an articled clerk to a solicitor who has taken or retained him in contravention of the provision of section 20 of the Ordinance;

(b) service by an articled clerk to a solicitor who has taken him in contravention of a prohibition in force under section 21 of the Ordinance.

(2) Where a person has entered into articles for a term of tive years and more than half of the term of articles has expired before he bas passed the Part I examination or has been granted total exemption therefrom, then no service under articles by that person after the expiry of one half of the term of articles may be reckoned as good service under articles until such time as be shall have passed the Part I examination or shall be granted total exemption therefrom.

of articled

IL (1) Subject to the provisions of these rules no articled clerk ther shall during the term hold any office or engage in any employment employment other than the employment of a solicitor with whom he has entered clerk. into articles or of a partner of that solicitor in the proper business, practice and employment of a solicitor, and no period during which he has held any such other office or engaged in any such other employ- ment may, unless the Society otherwise directs, be reckoned as good service under articles.

(2) Paragraph (1) shall not apply to any articled clerk who, before be entered upon or engages in any office or employment has obtained the written consent of the solicitor with whom he has entered into articles and of the Society.

(3) Any direction given by the Society under paragraph (1) or any consent given by the Society under paragraph (2) may be given subject to such terms and conditions as the Society may think fit and shall be subject to payment to the Society of the prescribed fee.

(4) Every application for the direction or consent of the Society under this regulation shall be in accordance with Form 8 in the First Schedule, duly completed by the applicant, and shall be accom- First panied by the written consent of the solicitor under paragraph (2). Schedule.

Form 8.

service.

12. (1) Where an articled clerk has not served under articles in Allowance of accordance with the provisions of these rules but has, after the execution regular of the articles, bona fide served, either continuously or not, one or more solicitors as an articled clerk for periods equal in aggregate to the full term for which he was originally articled, the Society may, if it is satisfied that the irregularity of the service was occasioned by accident, mistake or other sufficient cause and that the service, though irregular, was substantially equivalent to service in accordance with the provisions of these rules, allow the articled clerk to reckon the service as if it had been good service.