Subject to local law and to rules which national or local Bars may prescribe a barrister practising in Hong Kong may, without prejudice to any rules of conduct otherwise binding upon him, do any of the following:
(1) Accept instructions from any person
qualified to practise and practising
as a foreign lawyer where the following
conditions are satisfied:
(a) The work is not in a matter in
which proceedings by way of litigation
or arbitration in Hong Kong have been
instituted.
(b) The work does not involve the drafting
of documents for the purpose of, or
in connection with, the institution
of litigation or arbitration in Hong
Kong other than a letter before proceedings.
(c) The work does not involve the performance
in Hong Kong of substantial administrative
work not normally performed by a practising
barrister in Hong Kong.
(d) The work is not conveyancing or
work usually performed exclusively
by solicitors.
Provided that, notwithstanding conditions 1(a) and 1(b) above, a practising barrister may accept instructions from any person qualified as practising as a foreign lawyer for professional work for the purpose of, or in connection with any international arbitration proceedings in Hong Kong. "International arbitration proceedings" mean any arbitration proceedings pursuant to an arbitration agreement to which an individual who is a national of, or habitually resident in, or a body corporate which is incorporated in, or whose central management control is exercised in, any territory other than Hong Kong, is a party.
(2) Accept instructions from any lay
client:
(a) for professional work relating
to matters essentially arising, taking
place, or contemplated outside Hong
Kong, which has to be substantially
performed outside Hong Kong; or
(b) for professional work whether or not to be performed in Hong Kong for the purpose of or in connection with litigation or arbitration outside Hong Kong, which does not involve the performance in Hong Kong of substantial administrative work not normally performed by a practising barrister in Hong Kong.
(3) Accept instructions from a lay
client where the lay client carries
on business outside Hong Kong or usually
lives outside Hong Kong ("overseas
lay client") or from a lawyer
or legal practitioner practising outside
Hong Kong (Circular No. 070/02) and
where the following conditions are
satisfied:
(a) The instructions emanate from outside Hong Kong.
(b) The instructions are not in a matter in which the barrister was first instructed
by a solicitor practising in Hong Kong.
(c) The work is not in a matter in which proceedings by way of litigation or
arbitration in Hong Kong have been instituted.
(d) The work does not involve the drafting of documents for the purpose of,
or in connection with, the institution of litigation or arbitration in Hong
Kong other than a letter before proceedings.
(e) The work does not involve the performance in Hong Kong of substantial administrative
work not normally performed by a practising barrister in Hong Kong.
(f) The work is not conveyancing or work usually performed exclusively by solicitors.
Provided that, notwithstanding conditions (3)(b), (3)(c) and (3)(d) above, a practising barrister may accept instructions from any overseas lay client or lawyer or legal practitioner practising outside Hong Kong for professional work for the purpose of, or in connection with any international arbitration proceedings (as defined in paragraph (1) above) in Hong Kong. (Circular No. 070/02)
(4) Negotiate fees for work done under 1, 2 or 3 above direct with the lawyer or the lay client as the case may be and if necessary take such steps as may be available to enforce payment.
(5) In relation to work falling within 1, 2 or 3 above accept (otherwise than as an employee) an annual fee or retainer, a fixed fee or a contingent fee and at his sole discretion agree any reduction in fees.
(6) Employ outside Hong Kong any person who is not a solicitor practising in Hong Kong.
(7) Carry on practice outside Hong Kong without the services of a clerk.
(8) If a Senior Counsel, draft documents with or without a junior in connection with work falling within 1, 2 or 3 above and in connection with proceedings in courts outside Hong Kong.
(9) If a Senior Counsel, appear in courts outside Hong Kong with or without a junior.
(10) Enter into any association (including partnership) with any lawyer for the purpose of sharing any office or services outside Hong Kong or doing, or sharing fees relating to, any work falling within 1, 2 or 3 above, provided that no such association shall be created or subsist with any solicitor practising in Hong Kong or with any firm of solicitors so practising.
(11) Describe or identify himself professionally outside Hong Kong as John Doe, Barrister or Richard Roe SC, Barrister as the case may be.
