Cap 159Y s 4 Matters to be considered by the Society when imposing conditions on a practising certificate (PRACTISING CERTIFICATE (SPECIAL CONDITIONS) RULES; LEGAL PRACTITIONERS ORDINANCE)

Contents of Section

Chapter:	159Y	Title:	PRACTISING CERTIFICATE (SPECIAL CONDITIONS) RULES	Gazette Number:	L.N. 19 of 2003
Section:	4	Heading:	Matters to be considered by the Society when imposing conditions on a practising certificate	Version Date:	01/02/2003

(1) In considering for the purposes of section 3 the imposition of any of the conditions set out in Schedule 1, the Society may have regard to the following-

(a) in the case of the condition numbered 2 in Schedule 1-

(i) the extent of the solicitor's experience in the practice of law in Hong Kong or elsewhere;

(ii) whether or not the solicitor is to be supervised by a solicitor who holds an unconditional practising certificate or has substantial experience in the practice of law in Hong Kong or elsewhere;

(iii) where the employer is not a solicitor, the nature of the employer's business and the work proposed to be undertaken by the solicitor, the size of the employer's business and its legal department;

(b) in the case of the condition numbered 3 in Schedule 1-

(i) the identity and disciplinary record of the partners;

(ii) the nature and frequency of complaints made against the partnership;

(iii) the number of successful claims made against any of the partners for negligence or breach of duty;

(i) the nature and frequency of complaints made against the solicitor;

(ii) the conditions which have been placed on the solicitor's practising certificate since his date of admission;

(iii) the solicitor's current financial circumstances.

(2) In considering for the purposes of section 3 the imposition of conditions in relation to the issue of a practising certificate to a solicitor, the Society may have regard to the following-

(a) in the case mentioned in section 3(b), the findings and orders of the Solicitors Disciplinary Tribunal;

(b) in the case mentioned in section 3(c), the seriousness of the matter and the nature and extent of the explanation, if any, given by the solicitor;

(i) the findings and orders of the Solicitors Disciplinary Tribunal or the reasons for the solicitor's suspension from practice or removal of his name from the roll of solicitors;

(ii) the period of time that has elapsed since his suspension or the removal of his name from the roll of solicitors;

(iii) the solicitor's activities during that intervening period;

(d) in the case mentioned in section 3(g), the amount of the judgment and the solicitor's current financial circumstances.