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Chapter: | 159J
 | Title: | TRAINEE SOLICITORS RULES | Gazette Number: | L.N. 171 of 1999 |
| Rule: | 9 | Heading: | Employment as a trainee solicitor | Version Date: | 02/07/1999 |
(1) Subject to these rules, a trainee solicitor shall during the whole period of his trainee solicitor contract be actually employed under the trainee solicitor contract in the office of his principal.
(2) A trainee solicitor may, subject to the prior approval in writing of his principal, take a maximum of 44 working days leave from his principal for the purposes of recreation leave, maternity leave or sick leave.
(3) A trainee solicitor may, subject to the prior approval in writing of his principal, spend a period not exceeding 1 year employed in the office of another solicitor or qualified person in Hong Kong, if that solicitor or qualified person is eligible to employ a trainee solicitor under the Ordinance, and that period is effective employment under his trainee solicitor contract.
(3A) A trainee solicitor may apply for approval from the Society that his secondment to a company in Hong Kong is effective employment under his trainee solicitor contract. (L.N. 171 of 1999)
(3B) The Society may grant the approval under paragraph (3A) if it is satisfied that the trainee solicitor who submits an application under paragraph (3A)-
(a) is seconded to a company which, in the opinion of the Society, is able to provide suitable training for him;
(b) is supervised during the period of secondment by a solicitor holding a current practising certificate who is qualified under section 20 of the Ordinance to employ a trainee solicitor or act as his principal under the Ordinance;
(c) continues to have access to his principal; and
(d) undertakes work in the company which is similar to that undertaken by trainee solicitors in Hong Kong. (L.N. 171 of 1999)
(4) A trainee solicitor may apply for approval from the Society that his secondment to a law firm in a jurisdiction outside Hong Kong is effective employment under his trainee solicitor contract. (L.N. 220 of 1998)
(5) The Society may grant the approval under paragraph (4) if it is satisfied that the trainee solicitor who submits an application under that paragraph-
(a) is seconded to a firm which, in the opinion of the Society, is able to provide suitable training for him;
(b) is supervised in the jurisdiction by a legal practitioner who, in the opinion of the Society, holds qualifications similar or equivalent to those required under the Ordinance or these rules of a solicitor who wishes to employ a trainee solicitor or act as his principal;
(c) continues to have access to his principal in Hong Kong; and
(d) undertakes work in the jurisdiction which is similar to that undertaken by trainee solicitors in Hong Kong. (L.N. 220 of 1998)
(5A) In considering whether it is satisfied as to the matters specified in paragraph (5)(a) the Society shall have regard to, among other things-
(a) the jurisdiction outside Hong Kong mentioned in the application and in particular-
(i) the relevance of the legal system of that jurisdiction to the legal system in Hong Kong;
(ii) the professional and ethical standards of the legal profession in that jurisdiction; and
(b) any ties that may exist between the trainee solicitor's principal or principal's firm and the legal practitioner or firm in the jurisdiction outside Hong Kong. (L.N. 220 of 1998)
(6) Unless the Council otherwise allows, the period of secondment for the purposes of paragraphs (3A), (3B), (4) and (5) shall not exceed 6 months, and the total period of secondment during the whole period of the trainee solicitor contract shall not exceed 12 months. (L.N. 171 of 1999)
(7) An application under paragraph (3A) or (4) shall be-
(a) made not less than 30 days prior to the secondment;
(b) in a form approved by the Society completed by the trainee solicitor;
(ba) in the case of an application under paragraph (3A), accompanied by a letter from the trainee solicitor's principal about the matters set out in paragraph (3B)(b) to (d); (L.N. 171 of 1999)
(c) in the case of an application under paragraph (4), accompanied by a letter from the trainee solicitor's principal about the matters set out in paragraph (5)(b) to (d); and
(d) accompanied by the prescribed fee. (L.N. 171 of 1999)
(L.N. 182 of 1994)