Contents of Section

Chapter:

159AC PDFTitle:BARRISTERS (QUALIFICATION FOR ADMISSION AND PUPILLAGE) RULESGazette Number:L.N. 92 of 2003
Schedule:2Heading:FORMSVersion Date:28/03/2003

[sections 6, 8, 11 & 12]
FORM 1
[section 6(2)]
APPLICATION FOR CERTIFICATE OF ELIGIBILITY FOR ADMISSION

To: The Council of the Hong Kong Bar Association

I, [full name in English and, if applicable, Chinese] of [current residential address] apply for the issue to me of a certificate of eligibility for admission in accordance with section 6(3) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules").

I am a [nationality], the holder of passport {OR* [name of other travel document]} no. [number]. My Hong Kong Identity Card No. is [HKID number].

Certified copies of the pages of my passport {OR* [name of other travel document]} giving particulars of myself and of my Hong Kong Identity Card are attached to this application as Attachment 1.

My telephone contact number is [telephone number]. I can also be reached by fax at [fax number] or e-mail at [e-mail address].

I do solemnly and sincerely declare as follows-

1. I hold a certificate of admission as a legal practitioner from the [name of authority issuing certificate] ("issuing authority") in [applicant's jurisdiction of admission] ("my jurisdiction of admission"). My certificate of admission is currently valid and in force.
      A certified copy of my certificate of admission is attached to this application as Attachment 2.

2. My jurisdiction of admission is/is not* a common law jurisdiction, namely, a jurisdiction in which the law is substantially based on the common law.

3. I have practised for at least 3 years in my jurisdiction of admission. More specifically, I have been in full-time practice in my jurisdiction of admission during the following period(s)-
[Set out period(s) of practice.]

A certified copy/Certified copies* of certificate(s) from the issuing authority {OR* [name of the relevant institution]} evidencing my active practice during such period(s) is/are* attached to this application as Attachment 3.

4. I am currently a person of good standing in my jurisdiction of admission.

A letter from the [name of the relevant institution], which is the body having supervision over the conduct of legal practitioners in my jurisdiction of admission, certifying my good standing is attached to this application as Attachment 4.

5. I wish/do not wish* to apply to be exempted under section 4(4) {AND/OR* (5)} of the Rules from sitting the following examination paper(s) of the Barristers Qualification Examination-
[Identify any examination paper(s) for which exemption is sought.]

My ground(s) for seeking exemption is/are*-
[Set out ground(s) for seeking exemption. Where necessary, separate sheet(s) may be used. The ground(s) should be supported by documentary evidence attached to this application as Attachment 5.]

AND I make this solemn declaration conscientiously believing it to be true and by virtue of the Oaths and Declarations Ordinance (Cap 11).

DECLARED at ...............................}
HONG KONG this ................ day of
...................................... 20.............
                  Before me,
Commissioner for Oaths/Solicitor

Note: The fees prescribed in Schedule 1 of the Rules for a certificate of eligibility for admission must be paid at the time of submission of this application.

*Delete whichever is inapplicable.
___________________

FORM 2
[section 6(3)]
CERTIFICATE OF ELIGIBILITY FOR ADMISSION

THIS IS TO CERTIFY THAT [full name in English and, if applicable, Chinese] of [current residential address]-

1. on the .................... day of .................... 20 .......... applied under section 6(2) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules") for the issue of a certificate of eligibility for admission;

2. has satisfied the Council of the Hong Kong Bar Association that he-
      (1) holds a certificate of admission as a legal practitioner from the [name of authority issuing certificate] in [applicant's jurisdiction of admission] ("jurisdiction of admission") which is currently valid and in force;
      (2) has practised for at least 3 years in the jurisdiction of admission; and
      (3) is currently a person of good standing in the jurisdiction of admission;

3. has paid the fees prescribed in Schedule 1 of the Rules for this certificate; and

4. is exempted from sitting the following examination paper(s) of the Barristers Qualification Examination-


Dated this ................ day of ........................ 20 ........
                          (Sgd.)............................................
                              for the Council of the
                              Hong Kong Bar Association

Notes:
(a) This certificate is valid for a period of 12/[number]* months from the date of issue, unless the Bar Council decides in its discretion to extend such period or the certificate is revoked under section 17 of the Rules before its expiry.
(b) The holder of this certificate may apply for its extension by writing to the Bar Council and paying the fees prescribed in Schedule 1 of the Rules not later than 2 months before its expiry.

*Delete whichever is inapplicable.
___________________

FORM 3
[section 8(2)]
APPLICATION FOR CERTIFICATE OF QUALIFICATION FOR ADMISSION

To: The Council of the Hong Kong Bar Association

I, [full name in English and, if applicable, Chinese] of [current residential address] apply for the issue to me of a certificate of qualification for admission in accordance with section 8(3) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules").

I am a [nationality] {[where the applicant is not a PRC citizen] the holder of passport {OR* [name of other travel document]} no. [number]}. My Hong Kong Identity Card No. is [HKID number].

Certified copies of-

1. the front and reverse sides of my Hong Kong Identity Card{; and}*

{2. [if relevant] the pages of my passport {OR* [name of other travel document]} giving particulars of myself,}*

are attached to this application as Attachment 1.

My telephone contact number is [telephone number]. I can also be reached by fax at [fax number] or e-mail at [e-mail address].

I do solemnly and sincerely declare as follows-

1. I have obtained a Postgraduate Certificate in Laws.
A certified copy of such a certificate is attached to this application as Attachment 2.
{OR*
      I have been admitted as a solicitor in Hong Kong for at least 3 years either immediately or in any case not more than 12 months before the date of this application and during that time I was in practice as a solicitor in Hong Kong/I was employed in the public service of the Government as a legal officer within the meaning of the Legal Officers Ordinance (Cap 87)*.
      A certificate from the Registrar certifying the date of my admission as a solicitor in Hong Kong and the period(s) during which my name has been on the roll of solicitors is attached to this application as Attachment 2.
During the period(s) identified in the certificate, I was in practice as follows-
[Particulars of practice during the relevant period(s).]
{OR*
      A certificate from the Secretary for Justice/Director of Legal Aid/[name of the relevant Government officer]* setting out the date(s) of my employment in the public service of the Government as a legal officer is attached to this application as Attachment 2A.}}
{OR*
I am an overseas lawyer as defined in section 2 of the Rules.
      A copy of the certificate of eligibility for admission issued to me by the Bar Council on [date] is attached to this application as Attachment 2.
      {I was exempted from sitting the following paper(s) of the Barristers Qualification Examination:
[Identify any examination paper(s) for which exemptions were obtained.]}*
      I sat the Barristers Qualification Examination {(excluding any examination paper(s) which I was exempted from sitting)}* on [date(s)] and have passed that examination in accordance with section 7 of the Rules.
      A letter from the Bar Council certifying that I have passed the Barristers Qualification Examination is attached to this application as Attachment 2A.}

2. I have completed at least 6 months of the period of approved pupillage specified in section 10 of the Rules. In particular, I have completed pupillage as follows-

Name of pupil master Period of pupillage


      A certificate/Certificates* from the above pupil master(s) confirming that I have served my period(s) of pupillage with him/them* diligently and that I am a fit and suitable person to practise as a barrister in Hong Kong is/are* attached to this application as Attachment 3.
{AND*
      [where relevant] I have spent a period of [time not exceeding 1 month] as judge's marshall as follows-

Name of judge Period spent as marshall


      A certificate/Certificates* from [name(s) of judge] confirming that I have served my period(s) as marshall with him/them* diligently is/are* attached to this application as Attachment 3A.}
{OR*
      My period of approved pupillage has been reduced to [number] months (being a period of less than 6 months) under section 16 of the Rules and I have completed such reduced period of approved pupillage. In particular, I have undertaken pupillage as follows-
Name of pupil master Period of pupillage


      A certificate/Certificates* from the above pupil master(s) confirming that I have served my period(s) of pupillage with him/them* diligently and that I am a fit and suitable person to practise as a barrister in Hong Kong is/are* attached to this application as Attachment 3.
{AND*
      [where relevant] I have spent a period of [time not exceeding 1 month] as judge's marshall as follows-
Name of judge Period spent as marshall


      A certificate/Certificates* from [name(s) of judge] confirming that I have served my period(s) as marshall with him/them* diligently is/are* attached to this application as Attachment 3A.}}

3. I am not currently in practice as a solicitor either on my own account or as a partner or salaried employee in a firm of solicitors practising in Hong Kong.

4. I have resided in Hong Kong for [number] consecutive months immediately before the date of this application.
{OR*
I have been ordinarily resident in Hong Kong for at least 7 years.}
{OR*
      I have been physically present in Hong Kong for [number] days of each of [number] years within 10 years immediately preceding the date of this application.
Details of my period(s) of residence in Hong Kong are set out below-

Address Period of residence


      A certified copy of the relevant pages from my passport {OR* [name of other travel document]} evidencing the above period(s) of residence in Hong Kong is attached to this application as Attachment 4.}

5. I am a fit and proper person to be called to the Hong Kong Bar and eligible to be admitted as a barrister under section 27(1) of the Legal Practitioners Ordinance (Cap 159).
      Two letters of reference attesting to my good character are attached to this application as Attachment 5.

AND I make this solemn declaration conscientiously believing it to be true and by virtue of the Oaths and Declarations Ordinance (Cap 11).

DECLARED at ...............................}
HONG KONG this ................ day of
...................................... 20.............
                    Before me,
Commissioner for Oaths/Solicitor

Note: The fees prescribed in Schedule 1 of the Rules for a certificate of qualification for admission must be paid at the time of submission of this application.

*Delete whichever is inapplicable.
___________________

FORM 4
[section 8(3)]
CERTIFICATE OF QUALIFICATION FOR ADMISSION

THIS IS TO CERTIFY THAT [full name in English and, if applicable, Chinese] of [current residential address]-

1. on the .................... day of .................... 20 .......... applied under section 8(2) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules") for the issue of a certificate of qualification for admission;

2. has satisfied the Council of the Hong Kong Bar Association that he-
has obtained a Postgraduate Certificate in Laws;
{OR*
has been admitted as a solicitor in Hong Kong for at least 3 years either immediately or in any case not more than 12 months before the date of his application for admission as a barrister and during that time he was in practice as a solicitor in Hong Kong/he was employed in the public service of the Government as a legal officer within the meaning of the Legal Officers Ordinance (Cap 87)*;}
{OR*
is an overseas lawyer as defined in section 2 of the Rules and has met the requirements for admission to the Hong Kong Bar specified in section 4(2) of the Rules;}

3. has completed at least 6 months of the period of approved pupillage specified in section 10 of the Rules;
{OR*
has had his period of approved pupillage reduced to [number] months under section 16 of the Rules and has completed such reduced period of approved pupillage;}

4. is not currently 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;

5. has resided in Hong Kong for [number] consecutive months immediately before the date of his application for admission as a barrister;
      {OR*
      has been ordinarily resident in Hong Kong for at least 7 years;}
      {OR*
      has been physically present in Hong Kong for [number] days of each of [number] years within the 10 years immediately preceding the date of his application for admission as a barrister;}

6. is a fit and proper person to be called to the Hong Kong Bar and eligible to be admitted as a barrister under section 27(1) of the Legal Practitioners Ordinance (Cap 159); and

7. has paid the fees prescribed in Schedule 1 of the Rules for this certificate.

Dated this ................ day of ........................ 20 ........
                            (Sgd.)..........................................
                              for the Council of the
                              Hong Kong Bar Association

Notes:
(a) This certificate is valid for a period of 12/[number]* months from the date of issue, unless the Bar Council decides in its discretion to extend such period or the certificate is revoked under section 17 of the Rules before its expiry.
(b) The holder of this certificate may apply for its extension by writing to the Bar Council and paying the fees prescribed in Schedule 1 of the Rules not later than 2 months before its expiry.

*Delete whichever is inapplicable.
___________________

FORM 5
[section 11(2)]
APPLICATION FOR CERTIFICATE OF ELIGIBILITY FOR PUPILLAGE

To: The Council of the Hong Kong Bar Association

I, [full name in English and, if applicable, Chinese] of [current residential address] apply for the issue to me of a certificate of eligibility for pupillage in accordance with section 11(1) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules").

My Hong Kong Identity Card No. is [HKID number].

My telephone contact number is [telephone number]. I can also be reached by fax at [fax number] or e-mail at [e-mail address].

I propose to undertake pupillage for the period from [date] to [date] with [name of pupil master] of [chambers address].
{OR*
I propose to serve as judge's marshall to the Honourable Mr/Mrs/Madam Justice [name] from [date] to [date].}

I do solemnly and sincerely declare and undertake as follows-

1. I am a fit and proper person to be a barrister. In particular-
      (1) I am not an undischarged bankrupt within the meaning of the Bankruptcy Ordinance (Cap 6).
      (2) I have not had any previous criminal conviction.
        {OR*
        I have been previously convicted as follows-
        [Details of previous criminal conviction(s).]}
      (3) I am not currently engaged, and during my pupillage undertake not to engage, in any occupation which is incompatible with pupillage.

      Two letters of reference attesting to my good character are attached to this application as Attachment 1.

2. I would, but for the service of the period of approved pupillage or reduced period of approved pupillage required under section 4(3) of the Rules, be qualified for admission as a barrister under section 27(1) of the Legal Practitioners Ordinance (Cap 159). In particular-
      I have obtained a Postgraduate Certificate in Laws.
      A certified copy of such a certificate is attached to this application as Attachment 2.
      {OR*
      I have been admitted as a solicitor in Hong Kong for at least 3 years either immediately or in any case not more than 12 months before the date of this application and during that time I was in practice as a solicitor in Hong Kong/I was employed in the public service of the Government as a legal officer within the meaning of the Legal Officers Ordinance (Cap 87)*.
      A certificate from the Registrar certifying the date of my admission as a solicitor in Hong Kong and the period(s) during which my name has been on the roll of solicitors is attached to this application as Attachment 2.
      During the period(s) identified in the certificate, I was in practice as follows-
      [Particulars of practice during the relevant period(s)].
      {OR*
      A certificate from the Secretary for Justice/Director of Legal Aid/[name of the relevant Government officer]* setting out the date(s) of my employment in the public service of the Government as a legal officer is attached to this application as Attachment 2A.}}
      {OR*
      I am an overseas lawyer as defined in section 2 of the Rules.
      A copy of the certificate of eligibility for admission issued to me by the Bar Council on [date] is attached to this application as Attachment 2.
      I sat the Barristers Qualification Examination {(excluding any examination paper(s) which I was exempted from sitting)}* on [date(s)] and have passed that examination in accordance with section 7 of the Rules.
      A letter from the Bar Council certifying that I have passed the Barristers Qualification Examination is attached to this application as Attachment 2A.}

3. I am not currently in practice as a solicitor either on my own account or as a partner or salaried employee in a firm of solicitors practising in Hong Kong.

4. I have resided in Hong Kong for [number] consecutive months immediately before the date of this application.
      {OR*
      I have been ordinarily resident in Hong Kong for at least 7 years.}
      {OR*
      I have been physically present in Hong Kong for [number] days of each of [number] years within 10 years immediately preceding the date of this application.
      Details of my period(s) of residence in Hong Kong are set out below-

Address Period of residence


      A certified copy of the relevant pages from my passport {OR* [name of other travel document]} evidencing the above period(s) of residence in Hong Kong is attached to this application as Attachment 3.}

AND I make this solemn declaration conscientiously believing it to be true and by virtue of the Oaths and Declarations Ordinance (Cap 11).

DECLARED at ................................}
HONG KONG this ................. day of
......................................... 20...........
                  Before me,

Commissioner for Oaths/Solicitor

Note: The fees prescribed in Schedule 1 of the Rules for a certificate of eligibility for pupillage must be paid at the time of submission of this application.

*Delete whichever is inapplicable.
___________________

FORM 6
[section 12(1)]
CERTIFICATE OF ELIGIBILITY FOR PUPILLAGE

THIS IS TO CERTIFY THAT [full name in English and, if applicable, Chinese] of [current residential address]-

1. on the .................... day of .................... 20 .......... applied under section 11(2) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap 159 sub. leg. AC) ("Rules") for the issue of a certificate of eligibility for pupillage;

2. has satisfied the Council of the Hong Kong Bar Association that he-
      (1) is a fit and suitable person to be a barrister;
      (2) would, but for the service of the period of approved pupillage {OR* reduced period of approved pupillage} required under section 4(3) of the Rules, be qualified for admission as a barrister under section 27(1) of the Legal Practitioners Ordinance (Cap 159);
      (3) is not ineligible for pupillage by virtue of section 14 of the Rules; and
      (4) has paid the fees prescribed in Schedule 1 of the Rules for this certificate; and

3. is eligible for pupillage.

Dated this ................ day of ........................ 20 ........
                            (Sgd.)..........................................
                                for the Council of the
                              Hong Kong Bar Association

Notes:
(a) This certificate is valid for a period of 12/[number]* months from the date of issue, unless the Bar Council decides in its discretion to extend such period or the certificate is revoked under section 17 of the Rules before its expiry.
(b) The holder of this certificate may apply for its extension by writing to the Bar Council and paying the fees prescribed in Schedule 1 of the Rules not later than 2 months before its expiry.

*Delete whichever is inapplicable.