1976-HKRS28-16-24_Part03 — Page 59

AmcoÈNICH pi section 27.

Asadudeat of nection 28.

Arpendment of Becton 10.

Repead and coplacement at Nection 11.

7.

4

(2) If a solicitor contravenes a notice given to him under subsection (1) a complaint may be made în respect thereof to the Society or to the Court under section 9 or 14.".

Section 27 of the principal Ordinance is amended-

(a) in subsection (1)~-

(CD 115)

() by deleting sub-paragraph (1) of paragraph (a) and sub- stituting the following new sub-paragraphs—

" he is a Bachelor of Laws of the University of Hong Kong and has obtained the Post Graduate Certificate in Laws awarded by that University: or

(iv) he has obtained the Post Graduate Certificate in Laws awarded by the University of Hong Kong and he is either a Chinese resident or a Hong Kong belonger within the meaning of the Immigration Ordinance;"; and

(0 by deleting paragraph (4);

(b) in subsection (2) by deleting puragraph (ɗk; and

(c) by inserting after subsection (2) the following new subsection- "(3) The Court may, when admitting a barrister, sit in chambers.”.

person as a

Section 28 of the principal Ordinance is amended by deleting "his certificate of call to the Bar" and substituting the following-

9.

"his certificate of call to the Bar in England or Northern Ireland, his certificate of admission as an advocate in Scotland or his Post Graduate Certificate in Laws awarded by the University of Hong Kong, as the case may be,"

Section 30(1) of the principal Ordinance is amended by inserting after "is qualified to practise as a barrister" the following-

"or is qualified to practise to a limited extent under section 31(2).

10. Section 31 of the principal Ordinance is repealed and replaced by the following-

Quadcadans for practising

As barrister.

31. (9) A barrister shall not be qualified to practise

as such-

(a) subject to subsection (2), unless he has completed the prescribed qualifying period of active practice; (8) unless he holds a valid practising certificatos (c) having qualified for admission as a barrister by virtue of paragraph (2ND) or (ii) of section 27(1) unless be continues to be a barrister in England or Northern Ireland or an advocate in Scotland and is not there suspended from practice as such;

(d) if he is suspended from practise under section 32

or section 37;

(2) If he is a solicitor on his own account or a partner or a salaried employee of a firm of lawyers in a country where a person is able to practise both as a barrister and as a solicitor at the same time.

(2) After the expiry of the first six months of the prescribed qualifying period of active practice, a barrister shall be qualified to practise as a barrister to such limited extent as the Bar Committee may determine.".

11. Section 72 of the principal Ordinance is amended in paragraph (7)— Amendean of

(a) by deleting sub-paragraph (viii) and substituting the following— "(vifi) regulating the issue to barristers of practising cer- tificates and the Ters payable for, the conditions of issue of, the manner of applying for, the period and form of, the publication of the issue and the suspension of such practising certificates and generally in relation thereto;"; and

(b) by deleting sub-paragraph (ix).

12. Section 72A of the principal Ordinance is amended-

(4) by deleting paragraph (b) and substituting the following-

"(b) regulating the manner in which pupillage may be served, including applications for pupillage, disqualifications in respect of pupillage, approval and termination of pupill- age and the period and requirements of pupillage:"; and (8) by inserting after paragraph (b) the following new paragraphs-- "(b) regulating the examinations to be passed by students

seeking to become barristers in Hong Kong:

(66) prescribing the qualifying period of active practice for the purposes of section 31, which period may include such periods of active practice served before admission as a barrister in Hong Kong or before call to the Bar in England or Northern Ireland or admission as an advocate in Scotland as may be prescribed:**,

Leccion 72

Amendment of reccion TRA.

13. Section 7300) of the principal Ordinanes is amended by inserting Amendment of after paragraph (a) the following new paragraph-

"(aa) regulating the issue to solicitors of practising certificates and the fees payable for, the conditions of issue of, the manner of apply- ing for, the period and form of, the publication of the issue and the suspension of such practising certificates and generally in relation thereto;".

Beedom 73.

14. The Schedule to the principal Ordinance is amended in paragraph Amendmen of 10 by deleting "on a resolution in thai behalf made by the Society" and Schedule. substituting the following-

"by resolution in that behalf".

Passed by the Hong Kong Legislative Council this 21st day of July, 1976,

Clerk to the Legislative Courtcil.