I. Barristers who are qualified under Paragraph 29(1)(a) of the Code of Conduct to take on Pupils are generally encouraged to do so. (Circular No. 052/03)
II. The duties of a Pupil Master are as set out in this Annex or in such other rules or guidelines relating to pupillage as may be approved from time to time by the Bar Council.
III. The duties below apply to Pupil Masters in the Department of Justice except where they expressly or by necessary implication apply to barristers in private practice only.
IV. The general obligations and functions of a Pupil Master are as follows:-
A. He should give specific and detailed teaching instruction in the drafting of pleadings and other documents.
B. He should ensure that the Pupil is well grounded in the rules of conduct and etiquette of the Bar and follows such guidelines for Pupils as may be approved from time to time by the Bar Council.
C. He should require his Pupil to read his papers and draft pleadings and other documents, including opinions. He should then discuss the drafts personally with the Pupil.
D. He should require his Pupils to accompany him to court on sufficiently frequent occasions and to take proper notes of the proceedings during those occasions. He should discuss the proceedings with his Pupil afterwards.
E. He should require his Pupil to attend conferences and to do the necessary preparation to conduct such conferences.
F. In requiring his Pupil to do the work mentioned in sub-paragraphs C, D or E above, the Pupil Master should ensure that his Pupil has the opportunity to do such work and gain such experience as is appropriate for a person commencing practice in the type of work done by the Pupil Master.
G. If the opportunity mentioned in sub-paragraph F above may also be obtained from other members of chambers, the Pupil Master may occasionally arrange for his Pupil to see the work of such other members of chambers.
H. He should take all reasonable steps to enable his Pupil to see the work done by junior members of chambers so that his Pupil may have an idea of the type of work which a barrister would do when commencing practice.
I. The Pupil Master should endeavour to provide the Pupil with an opportunity to see a variety of Court-related work and he may arrange for the Pupil from time to time to accompany other members of his chambers or other barristers to other Courts.
J. He should encourage a relationship between himself, his chambers, his colleagues and his Pupil whereby his Pupil is encouraged to receive information on matters relating to practice and etiquette.
K. He should encourage his Pupil to attend such activities as the Bar Association may from time to time arrange including its Advanced Legal Education programme. (Circular No. 052/03)
L. Although a Pupil has no right or expectation to receive remuneration from his Pupil Master, a Pupil Master should remunerate his Pupil where the Pupil has done work of value to him at any stage of his pupillage.
M. During the period of limited practice
of the Pupil, a Pupil Master should:-
1. take a direct interest in and monitor
all work his Pupil does on his own and,
in particular, he should, in relation
to all Court appearances by his Pupil,
give assistance before his Pupil goes
to Court and discuss the Pupil's performance
afterwards;
2. take all reasonable steps to ensure
that his Pupil does not do so much work
of his own that his pupillage is impaired;
and,
3. ensure that the Pupil does not accept
briefs or instructions which are beyond
his Pupil's capacity.
(Circular No. 052/03)
N. At the end of the relevant period of pupillage, he must satisfy himself before issuing a certificate mentioned in s.10(4)(a) of the Barristers (Qualification for Admission and Pupillage) Rules that his Pupil has served his pupillage with diligence and that he is a fit and suitable person to practise as a barrister in Hong Kong. He must have serious regard to whether and how the Pupil has performed and complied with such minimum pupillage requirements as the Bar Council may recommend from time to time including requirements as to completion of the Bar's Advanced Legal Education programme. If he is not so satisfied, it is his duty not to provide such certificate. (Circular No. 052/03)
Pupils
1. A Pupil should apprise himself of and comply with the provisions of the Legal Practitioners Ordinance and associated Rules relating to admission to the Bar and pupillage.
2. He should treat his pupillage as a training period during which he has the following general obligations:-
(1) He is bound by the Code of Conduct and such other rules or guidelines as may be approved from time to time by the Bar Council. (Circular No. 052/03)
(2) He should acquaint himself generally with the etiquette of the Bar.
(3) He should maintain a positive attitude towards his pupillage, be conscientious in receiving the instruction given by his Pupil Master and apply himself thereto full time with all care and attention as if his Pupil Master's work were his own.
(4) He should have the initiative to ask for instruction from his Pupil Master and, where appropriate, to seek the consent of his Pupil Master to see the work of or go to Court with other members, in particular junior members, of his Pupil Master's chambers.
(5) He should have the initiative to discuss with and receive information from his Pupil Master on all matters relating to practice and etiquette at the Bar.
(6) He should seek guidance from his Pupil Master and, where appropriate, other members of his Pupil Master's chambers as to the type of work which he is likely to do when he commences practice and as to how such work ought to be done.
(7) While his Pupil Master should remunerate him for work of value, a Pupil should not expect to be so remunerated at any stage of his pupillage training.
(8) He should preserve the confidentiality of the affairs of his Pupil Master, his Pupil Master's clients or the clients of any members of his Pupil Master's chambers as set out in paragraph 116 of the Code of Conduct.
(9) Without the prior approval of his Pupil Master, he should not render professional advice to or do work for his Pupil Master's clients on behalf of his Pupil Master at any stage of his pupillage.
(10) In the course of his pupillage, he should ensure that he performs with diligence such minimum activities as the Bar Council may from time to time require as part of pupillage.
(11) Unless exempted by the Bar Council, he must attend and complete the Bar's Advanced Legal Education programme. (Circular No. 052/03)
(12) During the period of limited
practice, he should:-
(a) only take on such work as his Pupil
Master allows him to, since there is
no entitlement to practise as such;
(b) where his Pupil Master has allowed
him to take on a case, consult and discuss
with his Pupil Master in relation to
all aspects of the case; and,
(c) ensure that he does not do so much
work of his own so that his pupillage
training is impaired.
(Circular No.052/03)
3. The spirit of these guidelines apply equally to a pupil acting as a Judge's Marshall.
APPENDIX
GUIDELINES FOR A JUDGE
TAKING ON A PUPIL AS MARSHALL
The general obligations of a Judge taking on a Pupil as Marshall are as follows:-
1. He should ensure that the Pupil is well-grounded in the rules of conduct and etiquette of the Court.
2. He should require the Pupil to read his papers and do such research, prepare such notes or draft such documents as may assist him in his work as Judge.
3. He should require the Pupil to attend at Court on sufficiently frequent occasions and to take proper notes of the proceedings during those occasions.
4. He should take a direct interest in and monitor all work which the Pupil does as Marshall.
5. He should afford the Pupil with an opportunity to discuss as many as possible of the cases handled by him during the Pupil's period of service as a Marshall.
6. At the end of the relevant period
of service as a Marshall:-
(1) he should satisfy himself that the
Pupil has served as Marshall with diligence
and is a suitable person to practise
as a barrister in Hong Kong; and,
(2) he should inform the Pupil and the Bar Council of his assessment.
(Circular No. 064/04)
SUGGESTED MINIMUM PUPILLAGE REQUIREMENTS
The Pupil and Pupil Master should take
reasonable steps to ensure that the
Pupil is exposed to work of sufficient
quantity and diversity during his pupillage.
Save in exceptional circumstances:
(1) a Pupil is normally expected to
spend at least 3 months of the period
of pupillage on criminal work and 3
months on civil work; and
(2) such work should include, but not
be limited to, the following:- (Circular
No. 052/03)
Civil Law
Court Attendance:-
1. Trials
2 District Court or Court of First Instance trials.
2. Applications
2 interlocutory summonses in the District Court, Court of First Instance or
Court of Appeal.
3. Appeal
1 appeal before a 3-man bench of the Court of Appeal.
Paper work:-
1. 2 Statements of Claim.
2. 2 Defences.
3. 1 Reply.
4. 2 Summonses and supporting Affidavits.
5. 1 Advice.
6. 1 Notice of Appeal.
7. 1 Skeleton Argument.
Conferences:-
Attendance at numerous conferences.
Criminal Law
Court Attendance:-
1. Trials
(1) 2 trials in the Magistrates Court
(1 for the prosecution and 1 for the
defence).
(2) 1 full trial in the District Court
and Court of First Instance respectively,
preferably:-
(a) 1 trial for the prosecution and 1 for the defence; and,
(b) inclusive of a voir dire.
(3) 1 pre-trial review in the District Court or Court of First Instance.
(4) 1 plea day for the Duty Lawyer Service.
2. Applications
1 substantive application before a Judge of the District Court or Court of
First Instance.
3. Appeal
(1) 1 Magistracy Appeal before a Judge of the Court of First Instance.
(2) 1 criminal appeal hearing before the Court of Appeal.
Paper work:-
1. Drafting Notice(s) of Appeal against
Conviction and Sentence, including
Perfected Grounds.
2. Drafting written submissions for
criminal appeal.
Legal visits:-
If possible, 1 visit to a detention
centre, prison, etc.
Conferences:-
Attendance at numerous conferences.
Pupils and Pupil Masters are expected
to seriously and conscientiously fill
in the Pupils' logbooks. Pupillage logbooks
which are considered to contain inadequate
information about the nature and quality
of the Pupils' work during pupillage
will not be accepted.
(Circular No. 052/03)
Date
Nature
of Case
Length
Argued
or
Settled
Nature of Pupil's Involvement
Pupil Master's Comments on Pupil's Involvement
Civil Law
Court Attendances
Trials
Interlocutory
Applications
Appeals
Others
Paper Work
Statements of
Claim
Defences
Replies
Summonses
and
Supporting
Affidavits
Advices
Notices of
Appeal
Skeleton
Arguments
Others
Criminal Law
Court Attendances
Trials
Applications
Appeals
Others
Paper Work
Notices of Appeal
Written
Submissions
Others
Visits to detention
centres, prisons, etc.
