1963-HKRS30-8-54_Part05 — Page 17

Restriction

on taking examination.

(O.N.A. 138/62).

Exemption Tram examination. First Schedule, Form 13.

First Schedule, Form 14.

LO

16. (1) Save as is provided by rule 20 no person shall be entitled to sit for the Part II examination unless he has passed either the law portion of the intermediate examination or the Part I examination or has been exempted from such law portion or Part I examination by the Society.

(2) Subject to the provisions of paragraphs (3) and (4) a person who has entered into articles and duly served thereunder and complied with the provisions of these rules may present himself for the Part 11 examination at the examination held next before the expiration of the term of his articles or at any subsequent examination save that if there is an intervul of three calendar months or more between the last day of the examination held next before the expiration of the term of his articles and the date of such expiration the first Part II examination for which he may present himself shall be that first held after the date of such expiration.

(3) A person who, in accordance with the provisions of rule 17, has been granted total exemption from the Part I examination may, with the consent of the Society, present himself for the Part II examina- tion after enrolling with the Society as a student but before entering into articles.

(4) A person who has entered into articles before the coming into operation of these rules may present himself for the Part II examination at the examination next preceding the expiration of the term of his articles or any subsequent examination:

Provided that unless the Society in special circumstances otherwise determines not less than twelve calendar months shall have elapsed since a candidate not being totally exempt therefrom shall have passed the law portion of the intermediato examination in accordance with the provisions of the Legal Practitioners (Qualification Procedure) Rules, 1962, or the Part I examination in accordance with the provisions of these rules, before he shall be entitled to present himself for the Part 1) examination.

17, (1) The Society may by the issue of a certificate of exemption in accordance with Form 13 in the First Schedule exempt any person from sitting the Part I examination or any Head thereof in any case where such person would be entitled to exemption by virtue of regu- lation 44 of the Students Regulations, 1962, if he were a person to whom those regulations applied.

(2) A person seeking exemption under paragraph (1) shall make application to the Society in accordance with Form 14 in the First Schedule and shall lodge therewith a certificate from the Registrar or the appropriate official as to the examination and the Heads in which the applicant has passed in the examination on which he relics together with such further evidence as the Society may require.

11

18. (1) If the Society is satisfied that a candidate for an exam- Notification ination has satisfied or observed the relevant requirements of the Ordin- by the

Society. ance and these rules, the Society shall arrange for the holding of the examination and shall notify the candidate of the time and place at which he shall be required to attend.

(2) If the Society is not satisfied that a candidate for an examina- tion has satisfied or observed the relevant requirements of the Ordin- ance and these rules, the Society shall notify the candidate that it is not so satisfied and that the examination of the candidate is postponed until such time as the Society is so satisfied and the Society may notify to the candidate any conditions which the Society may impose upon the candidate to bring about the satisfaction of the necessary requirements.

19. (1) Any certificate issued by the examiners of the English Certificate Law Society as to the results achieved by any candidate for any exam- of results. ination conducted by the English Law Society of any part of any such examination shall be evidence of whether or not a candidate has passed or failed,

(2) Upon receipt of any such certificate from the English Law Society the Society shall forward the certificate to the candidate.

PART V.

GENERAL..

under

20. (1) Any barrister of not less than five years standing at the Examination English Bar who procures himself to be disbarred with a view to of

of disharred becoming a solicitor and who obtains from two benchers of the Inn from service of Court to which he belongs or belonged a certificate of his being a articles. fit and proper person to practise as a solicitor shall be exempted from service under articles and from the Part I examination and shall not be required to enrol as a student in accordance with the provisions of tule 3.

(2) Any such person as is referred to in paragraph (1) upon giving the notice required by rule 15 and complying with such part of these rules as is applicable to him and upon passing the Part II examination shall be qualified for admission in accordance with the provisions of sub-paragraph (1) of paragraph (a) of subsection (1) of section 4 of the Ordinance.