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CODE OF CONDUCT

ANNEX 16 (paragraph 174)
DUAL QUALIFICATION RULES
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1. A practising barrister who is also qualified in some other system of law and practises concurrently in Hong Kong by virtue of that other qualification shall observe the rules of conduct applicable to a Hong Kong barrister (including where relevant the Overseas Practice Rules (Annex 14)) in the course of his Hong Kong practice.

2. A barrister may, as part of his foreign practice, give advice on Hong Kong law in circumstances where that advice is incidental and subsidiary to the conduct of his foreign practice in a particular case.

3. In Hong Kong:
(a) "Foreign practice" means advising on, or drafting documents to be governed by, that other system of law in which he is qualified and appearing before a tribunal whose constitution and procedure is governed by that system of law;
(b) Any other professional activity is Hong Kong practice, unless the Bar Council shall by prior dispensation have ruled that it may be considered foreign practice.

4. Whether any activity outside Hong Kong is Hong Kong practice or foreign practice depends on the circumstances of the particular case.

5. In Rule 3(a) "system of law", where the barrister is qualified in the law of one state or province of a federal constitution, includes the law of every other state or province and the federal law of that constitution.

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