Contents of Section


159 PDFTitle:LEGAL PRACTITIONERS ORDINANCEGazette Number:E.R. 2 of 2012
Section:27Heading:Power of Court to admit barristersVersion Date:02/08/2012

(1) Subject to subsection (2), the Court may, in such manner as may be prescribed by the Chief Justice, admit as a barrister of the High Court in Hong Kong, a person whom it considers a fit and proper person to be a barrister, provided such person has-

    (a) complied with the requirements;
    (b) passed the examinations; and
    (c) paid the fees,
    prescribed by the Bar Council.
(2) The Court shall not admit a person under subsection (1) unless it is satisfied that that person-
    (a) is not in practice as a solicitor either on his own account or as a partner or salaried employee in a firm of solicitors practising in Hong Kong; and
    (b) satisfies one of the following requirements-
        (i) has resided in Hong Kong for at least 3 consecutive months immediately before the date of his application for admission;
        (ii) has been ordinarily resident in Hong Kong for at least 7 years;
        (iii) has been physically present in Hong Kong for at least 180 days of each of at least 7 years within the 10 years immediately preceding the date of his application for admission.
(3) If at the time of his admission under subsection (1) the person is a solicitor, the Registrar shall remove the person's name from the roll of solicitors.
(4) Notwithstanding that a person does not satisfy all the requirements specified in subsections (1) and (2)(b), where the Court considers that he is a fit and proper person to be a barrister and is satisfied that he has-
    (a) the qualification acquired outside Hong Kong to engage in work that would, if undertaken in Hong Kong, be similar to that undertaken by a barrister in the course of ordinary practice as a barrister in the High Court or Court of Final Appeal; and
    (b) substantial experience in advocacy in a court,
    the Court may admit such person as a barrister under this section for the purpose of any particular case or cases and may impose such restrictions and conditions on him as it may see fit.
(5) The Court may, when admitting a person as a barrister, sit in chambers.
(Replaced 42 of 2000 s. 7)
Please see the savings provision contained in s. 17 of 42 of 2000, which section is reproduced as follows:
    "17. Savings Provision

    Notwithstanding the repeal of section 27(1)(a)(i), (ii) and (v) of the Legal Practitioners Ordinance (Cap 159) by section 7 of this Ordinance, a barrister who was admitted under that provision shall not have his name removed from the roll of barristers because of such repeal.".