70. It is the duty of a barrister at all times to ensure that his practice is efficiently and properly administered. In particular, a barrister must take all reasonable and practicable steps to ensure that professional engagements are fulfilled or that early notice is given if they cannot be fulfilled.
In the interests of the efficient administration of justice and respect for the Court, a barrister must use his best endeavours always to be punctual.

71. A barrister who is the head of a set of chambers is responsible for seeing:
(a) that the chambers are administered competently and efficiently;
(b) that the affairs of the chambers are conducted in a manner which is fair and equitable for all members and Pupils.
All other members must use their best endeavours to achieve these objects.

72. Except in the case of Direct Professional Access work, a barrister must ensure that:
(a) the date of receipt is marked on every brief for him to appear at a Court,
(b) proper records are kept in his chambers including a record of the date of receipt of each brief or set of papers; the name of the case; the names of the person and the firm or other body of which that person is a partner, member or employee instructing him in the matter; and where appropriate, the fee.

73. A barrister when instructed by a person authorised by custom or the Bar Council in a matter must ensure that on every occasion when he appears before a Court he has in his possession a backsheet bearing the particulars set out in paragraphs 73B(1) and (2) below insofar as such particulars are applicable mutatis mutandis.

(Circulars No. 6/94 & 26/95)

73A. In the case of instructions other than from a person authorised by custom or the Bar Council, the first point of contact in instructing a barrister (or a member of his staff authorised to accept instructions on his behalf) in a matter must be by the instructing solicitor personally and not by a member of his staff. A barrister may not accept instructions from a solicitor's or solicitors' firm without having made this first point of contact.

73B. (1) Subject to paragraph 73 and except when appearing in a Magistrates Court on the instructions of the Government, a barrister must ensure that on every occasion when he appears before a Court he has in his possession a backsheet bearing the following information:-
(a) the name of the case, and if available, of the number assigned to the case by the Court;
(b) the name of the barrister;
(c) the name of the solicitor or solicitors' firm instructing or where appropriate, the Legal Aid Department or the Department of Justice;
(d) the name of the instructing solicitor;
(e) the file reference of the instructing firm or the Legal Aid Department or the Department of Justice for the case;
(f) the Court in which the case is listed for hearing;
(g) the date or dates of hearing;
(h) the nature of the work to be done; and
(i) except for prosecution briefs and briefs on behalf of the Government, the agreed fee and any agreed refresher or "Legal Aid" or "No Fee" as appropriate.

(2) (a) In a criminal matter, the backsheet referred to in sub-paragraph (1) above shall be signed by the person instructing the barrister in the matter in his personal signature. (Circular No. 72/96)
(b) In any other matter, the backsheet referred to in sub-paragraph (1) above shall be signed by the person instructing the barrister in the matter either in his personal signature or in the name of the solicitor's or solicitors' firm instructing. (Circular No. 72/96)

(3) Unless provided by the person instructing him in the matter with a backsheet satisfying the aforesaid requirements, a barrister may not appear in the case in question.

73C. Where after the first point of contact referred to in paragraph 73A above, a barrister is instructed on behalf of a firm of solicitors by a person not legally qualified, that is being a person who is neither a solicitor nor a trainee solicitor (hereinafter "an unqualified person") whether in connection with a criminal or civil matter:-

(1) to provide legal advice or assistance, whether orally, in writing or in any other manner; or
(2) to make a professional visit to a client or potential client and, in relation to criminal matters, in particular, at a police station or at the premises of some other law enforcement or custodial agency;

and if, when rendering such advice or assistance or upon attendance at the place or Court in question, the instructing solicitor is not present, the barrister may only accept such instructions if, and may not act professionally in relation to such case unless prior to any professional work being rendered by the barrister:-
(a) (whether or not such person is known to the barrister) the unqualified person identifies himself to the barrister and produces his Hong Kong Permanent Identity Card to the barrister for inspection;
(b) the barrister satisfies himself of the identity of the person so instructing by inspection of his said Hong Kong Permanent Identity Card;
(c) if and insofar as no backsheet has yet been provided, the unqualified person so instructing provides the barrister with a backsheet satisfying the requirements of sub-paragraphs (a), (b), (c), (d), (e), (h) and (i) of paragraph 73B(1) of the Code; and
(d) the barrister endorses on his backsheet the name of the unqualified person so instructing him and the number of his Hong Kong Permanent Identity Card shown to him as aforesaid.

73D. (1) Following acceptance of instructions as provided under paragraph 73C hereof, if and insofar as he has not already received a backsheet signed as hereinafter described, it shall be the barrister's duty to call for and to receive from the instructing solicitor, as soon as practicable and in any event not more than 7 days after being so instructed, a backsheet satisfying the requirements of sub-paragraphs (a), (b), (c), (d), (e), (h) and (i) of paragraph 73B(1) of this Code and signed personally by the instructing solicitor.

(2) If such a signed backsheet is not received within 7 days of the first point of contact as provided in paragraph 73A, it shall be the barrister's duty thereupon forthwith to send to the firm of solicitors named on his backsheet provided pursuant to paragraph 73C, marked for the attention of the instructing solicitor a copy of that backsheet with a request in writing that the instructing solicitor do forthwith on behalf of his firm deliver to the barrister a confirmatory backsheet personally signed by him.

73E. In the event that:-
(1) the barrister receives no reply to his request for a signed backsheet within 21 days after the first point of contact as provided in paragraph 73D(1); or
(2) the solicitor to whom he has sent a copy of his backsheet pursuant to paragraph 73D(2) disclaims the purported instructions; or
(3) for any other reason, the barrister fails to obtain a signed backsheet as aforesaid;

it shall be the duty of the barrister promptly and in any event within 28 days after the first point of contact as provided in paragraph 73A to report to the Bar Council his failure to receive such signed backsheet, enclosing a copy of the backsheet which he did obtain from the unqualified person giving instructions and setting out all material information for the Bar Council consideration.

73F. (1) A barrister shall issue a written fee note in respect of all professional work done to the company, firm or other body upon whose instructions such work was done, marked for the attention of the person instructing him.

(2) Except when appearing on behalf of the Government or the Duty Lawyer Service or with the prior written permission of the Bar Council, a barrister shall in any case only accept payment of his professional fees by cheque either drawn on the account of the company, firm or other body instructing him or sent directly by such company, firm or other body in satisfaction of his fees by reference to his fee note and in no circumstances may he accept payment of his professional fees in cash. (Circular No. 85/95)

(3) Upon receipt of payment in respect of his fee note, the barrister shall issue a written receipt in respect thereof and send the same to the firm instructing, marked for the attention of the instructing solicitor.

73G. It is the duty of every barrister to retain in his custody or control for at least two years from the date when the same was first made or received by the barrister, legible copies of the following documents in respect of each and every case or matter on which he has been instructed, namely:-

(1) any backsheet obtained by the barrister pursuant to paragraphs 73B(1), 73C(2)(c) and 73D hereof;
(2) all fee notes rendered in the case or matter in question;
(3) all receipts issued in respect of fees paid in the case or matter in question which should be endorsed by or on behalf of the barrister with the details of all cheques by which such payments were made;
(4) any letter or other written communication from the barrister requesting delivery of a signed confirmatory backsheet pursuant to paragraph 73D hereof;
(5) any letter or other written communication in response to the barrister's request for a signed confirmatory backsheet;
(6) any letter or other written communication from the barrister to the Bar Council reporting his failure to obtain a signed backsheet pursuant to paragraph 73E hereof; and
(7) any letter or other written communication from the company, firm or other body instructing in relation to the payment of the barrister's fees.

73H. The Chairman or Vice-Chairman of the Bar Association or such other person as the Chairman or the Bar Council may authorize so to act may orally or in writing require a barrister:-

(1) to produce forthwith for inspection his backsheet as required under paragraphs 73B(1), 73C(c) and 73D;
(2) to produce forthwith or at any specified time, being a reasonable time of day, for inspection by any person or persons, including any Inspector appointed by the Law Society pursuant to section 8AA of the Legal Practitioners Ordinance, Cap 159, the copy records required to be retained by the barrister pursuant to the preceding paragraph of this Code;
(3) to permit the person or persons named in the request (should the same regard such course of action convenient) to make copies of such records and if necessary, to remove them from the barrister's chambers for this purpose on their providing him with a receipt listing the documents so removed and an undertaking to return the originals to him after copying the same; or
(4) to provide forthwith or by any stated time, any information requested by the Chairman, Vice-Chairman or the Bar Council touching or bearing upon the instructions received by the barrister and the basis and terms on which he became involved and participated in any specified case or matter including, without limiting the generality of the foregoing, the amount and manner of payment of fees received by him in respect thereof.

73I. The Bar Council shall, in its absolute discretion, be entitled to use or authorize use of the results of such inspection, of copies made of records and of information supplied as aforesaid, as evidence in or otherwise in connection with any disciplinary proceedings brought or contemplated by or on behalf of the Bar Council or the Law Society or, save where the privilege against self-incrimination is claimed, prosecution under the Legal Practitioners Ordinance, Cap. 159.

[The next paragraph number is 80.]