1963-HKRS30-8-54_Part05 — Page 16

First Schedule, Form 9.

New or forther articles.

First

Schedule. Form 9.

8

(2) Every application for service to be reckoned as good service in accordance with paragraph (1) shall be in accordance with Form 9 in the First Schedule, duly completed by the applicant.

13. (1) Where before the expiration of the term for which an articled clerk is articled, the solicitor to whom he is articled ceases to practise as a solicitor or dies or the articles are cancelled by mutual consent or are discharged by the Court or by the Society, the articled clerk may enter into new articles with another practising solicitor for the residue of the term of his original articles and service under the new articles in accordance with the provisions of these rules shall be good service:

Provided that where the articles have been discharged by the Society under section 22 of the Ordinance, service by the articled clerk under any new or further articles may only be reckoned as good service when the articled clerk has re-enrolled as a student with the Society.

(2) Where the solicitor to whom an articled clerk is articled dies before the expiration of the term for which the articled clerk is articled and the articled clerk enters into new articles, the Society, if it is satisfied that there has been no undue delay before the articled clerk has entered into the new articles and that during the period of the date of the entry by the clerk into the new articles the articled clerk has bona fide served. a practising solicitor in such a way as could, had the articled clerk entered into articles with such solicitor, have been reckoned as good service under articles, may on receiving an application in accordance with Form 9 in the First Schedule duly completed by the articled clerk allow the articled clerk to reckon such period of service as good service under articles.

(3) Where on the expiration of the term for which an articled clerk is articled, he cannot satisfy the Society that he has duly served under articles for the whole of the term of the articles he may enter into further articles with the same or another practising solicitor for such period as will enable him to complete the requisite term of service under articles.

(4) If the articled clerk does not enter into new articles within two years of the cancellation of his articles or of the discharge of the articles by the Society in accordance with the provisions of section 22 or subsection (4) of section 20 of the Ordinance, or by the Court in accordance with the provision of section 21 of the Ordinance, or if be does not enter into further articles within two years of the expiration of his original articles or any new articles, he shall be required to re-enrol as a student with the Society before entering into new or further articles and such new or further articles shall be for such term not exceeding the term of his original articles as the Society may think it.

PART IV.

EXAMINATIONS.

14. Subject to the provisions of these rules no person shall be Qualification qualified for admission under sub-paragraph (1) of paragraph (a) of for admis subsection (1) of section 4 of the Ordinance unless-

(a) he has served his articles for the term provided by rule 6 in accordance with the provisions of rules 9, 10, 11 and 12; and (5) he has either passed or been exempted from the Part 1

examination and bas passed the Part II examination.

sion.

15. (1) A candidate for either part of the qualifying examination Notice of shall-

intention to sit examina-

(a) give notice, in accordance with Form 10 in the First Schedule tion. and in compliance with the provisions of paragraph (2), to the First

Schedule. Society of his intention to sit for such examination, stating Form 10. whether or not he will present himself for examination in England or in the Colony;

(b) pay to the Society the prescribed fee; and

(c) if he is serving or has served under articles, lodge with the Society a statutory declaration in accordance with Form 11

Form II or 11.

or 12 in the First Schedule as to service under articles and, First where applicable, as to passing or being exempted from the Schedule, Part I examination or the intermediate examination: Provided that it shall not be necessary for a candidate to lodge more than one statutory declaration of the type referred to in sub-paragraph (c) in respect of each part of the qualifying examination unless he is specifically required to do so by notice in writing by the Society.

(2) The notice required by paragraph (1) shall be-

(a) in the case of a candidate seeking to sit for either part of the qualifying examination or any head thereof for the first time, not less than two months" notice;

(b) in the case of a candidate seeking re-examination, not less

than six weeks* notice:

Provided that—

(D) no notice for re-examination shall be given until after the receipt by the Society of a certificate of failure of the earlier examination:

(ii) the Society may in its absolute discretion abridge any of the time specified in this paragraph in any case of accident. mistake, inadvertence or other sufficient cause.