20. Subject to paragraph 32, a practising barrister is a barrister who has been admitted to practise in Hong Kong and who is entitled and holds himself out as willing to appear in a court on behalf of a client or to give legal advice or services to a client; but is not an employed barrister.

21. A practising barrister is bound to accept any brief to appear before a Court in the field in which he professes to practise at his usual fee having regard to the type, nature, length and difficulty of the case. Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his refusal to accept a particular brief.

22. A practising barrister may not, whether or not he is acting for a fee, supply legal advice or service to the public or to a section of the public otherwise than in the course of his practice save in the following circumstances:

(1) supplying legal advice or service in any country outside Hong Kong if the rules in force in that country permit barristers to do so;

(2) lecturing, teaching, writing or editing of legal text books or of articles in newspapers or journals;

(3) giving advice on legal matters free to a friend or relative;

(4) participating in the Duty Lawyer Service Free Legal Advice Scheme;

(5) acting as unpaid or honorary legal adviser to any charitable, benevolent or philanthropic institution;

(6) the giving by a barrister who is a non-executive director of a company or a trustee or governor of a charitable, benevolent or philanthropic institution or a trustee of any private trust to the other directors, trustees or governors (as the case may be) of the benefit of his learning and experience on matters of general policy and of general legal principle applicable to the affairs of the company, institution or trust.
(Circular 15/99)

(7) subject to the prior approval of the Bar Council, giving advice on legal matters free in a scheme or programme established to the satisfaction of the Bar Council to further the purpose of promoting amongst the public greater awareness of their legal rights, or respect for the rule of law or otherwise promoting the objects of the Bar Association. (Circular 17/03)

23. A barrister may not, without the permission of the Bar Council, or save as provided for in Annex 4A to this Code, become or remain a practising barrister unless he is willing for his practice to be his primary occupation; and he may not engage directly or indirectly in any other occupation if his association with that occupation may adversely affect the reputation of the Bar. (Circular No. 009/09)

(2) A practising barrister must not engage directly or indirectly in any other occupation if his association with that occupation may prejudice his ability to attend properly to the interests of his clients.

(3) (a) A practising barrister who wishes to engage in a supplementary occupation should do so only in accordance with the general or special permission of the Bar Council.

(b) Supplementary occupations for which the Bar Council has granted general permission are set out in a List of Approved Supplementary Occupations in Annex 4 and in the List of Approved Occupations in Annex 4A to this Code. A practising barrister who wishes to engage in an occupation not listed in Annex 4 or Annex 4A or is in doubt whether a proposed occupation is within the approved list should seek the special permission of the Bar Council before taking up the occupation. (Circular No. 009/09)

(4) (a) Save in the instance where general permission is given in Annex 4, a practising barrister may not be an executive director of a company without seeking special permission from the Bar Council; and he may not, as a non-executive director, do work for the company which would ordinarily be done by an executive director.

(b) A practising barrister may not, as a director, undertake legal work for the company which, as a barrister, he could only undertake if instructed by a person authorised to instruct him in the matter. For example, he may not draft documents or appear for the company in proceedings, enquiries or arbitration.

(c) A practising barrister may, as a director, give to the board the benefit of his learning and experience on matters of general policy and of general legal principles which are applicable to the company's affairs.

(d) He should ensure that his advice is compatible with his position as a director and is not of the kind which he would give as a barrister advising a client. For example, it would be proper for him to draw the attention of the board to the general effect of an Ordinance on the company's affairs or to advise that the company's terms of business needed revision; but it would be wrong for him to undertake to revise the terms of business himself.

(e) He should, therefore, avoid becoming concerned in specific legal matters affecting the company. There may, however, be circumstances in which it would be proper for him to give his advice in relation to a specific problem, either in a general way or as a matter of urgency. In these circumstances, he should ensure that the company consults its solicitors as soon as the matter reaches the point at which such consultation would normally take place.

(5) A barrister who is a pupil must apply himself full time to his pupillage save that a pupil may, with the approval of the Bar Council, engage in part time occupation which does not materially interfere with his pupillage. The general permission to engage in supplementary occupations in Annex 4, or in occupations listed in Annex 4A, does not apply to barristers serving pupillage. (Circular No. 15/99; Circular No. 009/09)

24. A practising barrister may not use or permit the use of his professional qualification for the advancement of any other occupation in which he is directly or indirectly engaged or for private advantage, save in relation to any occupations which involve the skills of a barrister. (Circular No. 009/09)

25. A barrister may not practise unless:
(a) he has or is a member of or is temporarily permitted the use of professional chambers; or
(b) he is a pupil of a practising barrister and is otherwise qualified to practise.

Provided that a barrister may use such temporary chambers as may be provided or approved by the Bar Council.

26. A barrister who is a member of professional chambers must:
(a) have his name exhibited at the chambers;
(b) have the right to make such use of the chambers, and of its administration and facilities, as his practice requires;

Subject to such exceptions as may be approved by the Bar Council a barrister's private residence or any part thereof may not be regarded as professional chambers.

27. A barrister may not be a member of more than one set of professional chambers in Hong Kong. (Circular 012/08)

28. A partnership is not permissible between practising barristers. Two or more practising barristers may agree to share professional expenses, either in proportion to their receipts or in any other way; but they may not (save as provided in paragraphs 81 to 83) agree to share professional receipts or agree that any one or more of them shall assume responsibility for the professional work of the other or others.

29. (1) A person who intends to practise as a barrister must serve the period of approved pupillage which shall, subject to reduction by the Chief Judge, be:
(a) a period of not less than 12 months in the chambers of a junior barrister who, save in exceptional circumstances established to the satisfaction of the Bar Council, has continuously practised for not less than 5 years after commencement of full practice at the Bar in Hong Kong; or
(b) a period of not less than 9 months in the Department of Justice, which may include a period not exceeding 3 months on secondment to the Legal Aid Department, so long as he has also spent a period of not less than 3 months in such service as is described in sub-paragraph (a) above.

(2) Subject to the Bar Council's approval, the period of approved pupillage mentioned in (1) above may include:
(a) any period not exceeding 1 month spent as a judge's marshall in Hong Kong; and
(b) any period not exceeding 3 months as a pupil with a Senior Counsel.

(3) Save in exceptional circumstances, the Bar Council is unlikely to approve pupillage of less than 3 months with any one barrister.

(4) A person who is a pupil may not accept an instruction to act as a barrister unless he has been admitted as such, holds a valid limited practising certificate issued by the Bar Council and has the consent of his pupil master to accept such instruction.
(Circular No. 052/03)

29A. A junior barrister, upon taking silk, may, for the period of one year following his appointment as a Senior Counsel, continue with his pre-existing commitments as a Pupil Master, and any period of pupillage undertaken in such circumstances will be counted towards the required period of pupillage to be undertaken by a barrister intending to practise. (Circular No. 32/93)

30. A barrister who acts as a Pupil Master may not seek or accept any pupillage fee, and must use his best endeavours to ensure that his Pupil complies with the requirements of paragraph 29(4). The Rules concerning the duties of Pupil Masters and Pupils are at Annex 5. (Circular No. 052/03)

[The next paragraph number is 32.]

32. A barrister whose primary occupation is that of editor or reporter in Hong Kong of any series of law reports entirely written and edited by barristers shall be a practising barrister. Such a barrister is not required to comply with paragraphs 25, 26 and 50 of this Code of Conduct if he does not also hold himself out as willing to appear in a Court on behalf of a client or to give legal advice or services to a client.

[The next paragraph number is 50.]