
About
Us | Bar
Council | Special
Committees Founded
in 1949, the Hong Kong Bar Association
is the professional organisation of barristers
in Hong Kong and is registered under the
Societies Ordinance. The objects of the
Hong Kong Bar Association, as set out
in its Rules
and Regulations , are generally to
consider and to take proper action on
all matters affecting the legal profession
and the administration of justice. These
include, among other things :
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the
maintenance of the honour and independence
of the Bar; |
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the
improvement of the administration
of justice in Hong Kong; |
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the
prescribing of rules of professional
conduct, discipline and etiquette;
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furtherance
of good relations and understanding
within the legal profession. |
The principal officers
of the Association, namely, the Chairman,
the Vice-Chairman and the Honorary Secretary
are all elected at its annual general
meeting. The Bar Association is governed
by an executive committee known as the
Bar Council
which consists of the Chairman, the Vice-Chairman,
the Honorary Secretary, 11 elected members
and, at most, 9 co-opted members representing
different standings at the Bar. All matters
of policy are decided by the Bar Council
and Special Committees are appointed from
time to time to consider important matters
such as professional discipline, future
developments of the profession and law
reforms. So far there are 35 such Special Committees.
The legal profession
in Hong Kong consists of solicitors,
barristers,
"foreign lawyers", and "notaries
public", all of whom are regulated
by the Legal Practitioners' Ordinance,
Cap. 159 of the Laws of Hong Kong ("the
LPO").
Barristers are legal
practitioners expert in advocacy and specialising
in litigation. Generally, only barristers
have the right of audience in Hong Kong's
High Court, Court of Appeal and the Court
of Final Appeal. Any person who satisfies
the requirements set out in Barristers (Qualification for Admission and Pupillage) Rules of the LPO, Cap. 159AC may be admitted as
a barrister.
It is the duty of every
barrister, whether practising or otherwise,
to comply with the provisions of the Code
of Conduct for the Bar of Hong Kong.
The Code is aimed at promoting and maintaining
the high standards of the profession.
In a serious breach of conduct, a barrister
may be struck off the roll or be suspended
generally or for a specified period. All
practising barristers are required by
the Code to take out professional indemnity
insurance.
A practising barrister
is bound to accept any instruction to
appear before a Court in the field in
which he professes to practise at his
or her usual fee having regard to the
type, nature, length and difficulty of
the case. This is customarily known as
"the cab-rank rule". However,
special circumstances such as conflict
of interest may exist which justify a
barrister in refusing to accept a particular
instruction.
Access to barristers
by the general public is normally through
solicitors. The distancing of the barrister
from the lay client helps to maintain
the barrister's impartiality.
Changes have recently
been made so that, in some instances,
barristers may also be instructed by
other professionals such as accountants,
company secretaries, arbitrators, taxation,
surveyors, Ombudsman and Legal Aid Service
Council - known as "Direct Professional Access".
A practising barrister
may be appointed as Queen's Counsel in
recognition of his or her professional
eminence. "Queen's Counsel"
were appointed by Crown Patent on the
advice of the Chief Justice in Hong Kong.
All other barristers who are not Queen's
Counsel are, by custom, called junior
counsel or juniors. Queen's Counsel are
now renamed as Senior Counsel after the
change of sovereignty.
As at March 2007, there
were 993 practising members. 78 are
Senior Counsel and 915 juniors. A list
of practising barristers is published
by the Hong Kong Bar Association and
updated on a quarterly basis. More
details about the profession can be
found by clicking on barristers.
The Hong Kong Bar Association
also sends representatives to international
bodies and legal conferences around the
world. The Hong Kong Bar Association administers
two funds
set up to give financial assistance to
new or prospective new entrants to the
Bar and a fund for the provision of such
help to needy and desiring members of
the Bar.
The business and
administration of the Hong Kong Bar
Association is carried out by 9
Administrative Secretaries headed by
the Administrator, Ms. Dora Chan. It is located at LG2,
High Court, 38 Queensway, Hong Kong.
Telephone No. (852) 2869 0210; Fax (852)
2869 0189. Email: info@hkba.org.
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