A448
Ord. No. 46/89
LEGAL PRACTITIONERS (AMENDMENT)
"Schedule 2❞ substituted for "the Schedule”
7. Sections 26A(1), (2) and (4), 26B(1) and 26C(1) are amended by repealing "the Schedule" wherever it occurs and substituting "Schedule 2”.
Power of Court to admit barristers
8. Section 27 is amended-
(a) by adding after subsection (1)—
“(1A) In addition to the requirements under subsection (1)(a)(i) or (ii), a person must also--
(a) have practised as a barrister or advocate in the United Kingdom
for at least 3 years;
(b) be a Hong Kong permanent resident as defined in the Immi-
gration Ordinance (Cap. 115); or
(c) have been ordinarily resident in Hong Kong for at least 7 years.”;
and
(b) in subsection (2)(b) by adding “and subsection (1A)" at the end.
Section added
9.
The following is added after section 27----
“Additional power of Court to admit barristers
27A. (1) In addition to the powers conferred on it by section 27, but subject to subsection (2), the Court may, after the Chief Justice has consulted the Attorney General and the Bar Committee, admit a person as a barrister of the Supreme Court of Hong Kong, in such manner as may be prescribed by the Chief Justice, if the Court is satisfied that he—
(a) has been admitted as a barrister in a jurisdiction listed in Schedule 1 or if there is no admission of barristers in such jurisdiction, as a legal practitioner in that jurisdiction;
(b) has experience in advocacy;
(c) has been employed for at least 7 years in the Legal Department of the Government as a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87);
(d) has been so employed—
(i) for a period of at least 3 years; and
(ii) either immediately or recently before the date of his application for admission,
on work similar to that usually undertaken in the course of his practice by a barrister in Hong Kong of 10 years seniority; and
(e) intends, if admitted, to practise as a barrister in Hong Kong within 12
months after his admission.
(2) The Court shall not admit as barristers, under subsection (1), more than 4 persons in any period of 12 months.".
LEGAL PRACTITIONERS (AMENDMENT)
Ord. No. 46/89
A449
Power of Court to strike off
or suspend barrister
10. Section 32 is amended—
(a) by renumbering it as subsection (1) thereof; and (b) by adding after subsection (1)——
"(2) Without affecting the generality of subsection (1), where a person admitted as a barrister under section 27A does not commence practice as a barrister in Hong Kong within 12 months after his admission, it shall be a cause for removal of his name from the roll of barristers under this section.".
“$10,000” substituted for “$2,000”
11. Sections 44, 45(2)(c), 46, 51(1) and 54(1) are amended by repealing "$2,000" and substituting “$10,000”.
Unqualified person not to act as solicitor
12. Section 45 is amended by repealing "No unqualified person shall" and substituting "A person who, by virtue of section 7, is not qualified to act as a solicitor shall not".
“$25,000” substituted for “$5,000”
13. Sections 45(2)(d), 51(1) and 53(6) are amended by repealing "$5,000" and substituting "$25,000”.
"$50,000” substituted for "$10,000"
14. Sections 47(1) and 48 are amended by repealing "$10,000" and substituting "$50,000".
Power of Chief Justice to make rules
15. Section 72 is amended in paragraph (a)(i) and (ii) by repealing "3 and 27" and substituting "3, 27 and 27A” in both places where it occurs.
Section added
16. The following is added after section 72A—
"Legislative Council may amend Schedule 1
72B. The Legislative Council may by resolution amend Schedule 1.”.
Section substituted
17. Section 74A is repealed and the following substituted—–
"Advisory Committee on Legal Education
74A. (1) There is established an Advisory Committee on Legal Education to advise the Governor on-
(a) legal education and training in Hong Kong; and
No comments yet.
Private notes are available after approval.