1964_LEGAL_PRACTITIONERS_ORDINANCE — Page 20

1989 Ed.]

Legal Practitioners

[CAP. 159

19

(3) No person shall take or retain any articled clerk unless---

(a) he is practising as a solicitor; and

(b) he is not employed as an assistant by another solicitor.

(4) If any solicitor takes, retains or has an articled clerk in contravention of any of the provisions of subsection (1), (2) or (3), the Council may discharge the articles of that clerk upon such terms, including terms as to return of premium, as it thinks fit. (Amended 52 of 1980 s. 2)

(5) Any-

(a) solicitor; or

(b) qualified person,

serving in the

(i) Legal Department; or

(ii) Registrar General's Department; or

(iii) Legal Aid Department,

of the Government shall, for the purpose of this section, be deemed to be practising as a solicitor; and this subsection shall apply in relation to periods before as well as periods after the commencement of the Legal Practitioners (Amendment) Ordinance 1982 (50 of 1982). (Added 50 of 1982 s. 4)

(6) Rule 6(3) of the Articled Clerks Rules (Cap. 159 sub. leg.) is deemed to be and always to have been valid and is revoked. (Added 50 of 1982 s. 4)

(7) Where at any time after 15 September 1972 and before the com- mencement of the Legal Practitioners (Amendment) Ordinance 1982 (50 of 1982) a person purported to enter into articles with another person ("the principal") those articles shall not be invalid and that person shall not be deemed to be or to have been disqualified from admission as a solicitor, by reason only that the principal was not practising as a solicitor if the principal was at that time-

(a) a solicitor; or

(b) a person qualified for admission as a solicitor,

serving in the

(i) Legal Department; or

(ii) Registrar General's Department; or (iii) Legal Aid Department,

of the Government. (Added 50 of 1982 s. 4)

(Amended 50 of 1982 ss. 4 & 8) [cf. 1957 c. 27 s. 41 U.K.]

21. Power to prohibit taking articled clerks

(1) Where the Society refuses to issue a practising certificate to a solicitor under section 6, the Council may by notice in writing to that solicitor prohibit him from taking an articled clerk. (Amended 52 of 1980 s. 2)

Page 20Page 21