| 2. |
The fund herein
referred to shall be known as The
Archie Zimmern Memorial Fund (hereinafter
called "The Zimmern Fund").
|
| 3. |
The Bar Council
shall administer the Zimmern Fund
and shall be at liberty from time
to time to delegate such administration
or any aspect or aspects thereof to
a sub-committee consisting of the
Chairman of the Bar Council and 2
practising members of the Bar. |
| 4. |
| (a) |
A holder of the P.C.LL. awarded
by the H.K. University, the
City University of Hong Kong
or the City Polytechnic of Hong
Kong shall be eligible to apply
for a Loan or Grant. |
| (b) |
A
non-holder of the P.C.LL. but
who otherwise falls within any
of the categories of persons
set out in s.27(1)(a)(iv) of
the Legal Practitioners Ordinance
shall be eligible to apply for
a Loan or Grant if he/she is:-
|
| |
(1)
|
A
barrister who commenced pupillage
not more than 6 months before
the date of such application
or who intends shortly thereafter
to enter into pupillage; or
|
| |
(2) |
A
person who at the date of such
application is not a barrister
but who:- |
| |
|
(a) |
satisfies
the requirements of Section
27 of the Ordinance or, if the
same should be amended or changed,
the equivalent thereof, and
|
|
|
|
(b)
|
undertakes
to apply with due diligence
to the Court to be enrolled
as a barrister and thereafter
to enter into pupillage. |
|
| 5. |
An application for
a Loan or Grant shall be made by completing
an Application Form and delivered
to the Honorary Secretary of the Hong
Kong Bar Association. |
| 6. |
Upon receipt of
an application for a Loan or Grant,
the Bar Council shall in due course
consider the same and may:-
| (1) |
provisionally
approve the application whereupon
it shall cause to be sent to
the applicant a letter stating
that the application has provisionally
but not finally been approved,
stating the amount in which
and the terms and conditions
upon which such Loan or Grant
if finally approved would be
made and asking the applicant
to signify in writing whether
he accepts such terms and conditions;
or |
| (2) |
reject the
application; or |
| (3) |
defer further
consideration of the application
until such later date as the
Bar Council shall think fit,
and may ask for further information
from the applicant. |
|
| 7. |
The Bar Council
shall not finally approve nor cause
to be effected any Loan or Grant unless
the majority of its members present
when such decision is taken (the Chairman
having a casting vote) are satisfied
that:-
| (1) |
the applicant
is eligible to apply for such
Loan or Grant within the meaning
of Rule 4; and |
| (2) |
the applicant
is reasonably in need of financial
assistance to enable or assist
him/her in pupillage; and |
| (3) |
the applicant
has in writing signified acceptance
of the terms and conditions
upon which the Loan or Grant
is to be made. |
|
| 8. |
The amount, duration
and all other terms and conditions
as to the making and repayment of
each Loan (including the rate of interest,
if any) shall be in the Bar Council's
absolute discretion save that:-
| (1) |
in no single
case shall the amount of the
Loan exceed two-thirds of the
capital comprising the Zimmern
Fund; |
| (2) |
it shall
be a term or condition of each
Loan that all sums due and owing
by the applicant shall become
immediately repayable in the
event that the applicant ceases
to be or to practise as a barrister
or pupil, as the case may be,
or defaults in making repayment
of any instalment; and |
| (3) |
it shall be
a term or condition of each
Loan that the same should be
fully repaid (whether by instalments
or otherwise) not later than
2 years after the date when
such Loan is effected unless
the Bar Council is satisfied
that a longer period for repayment
ought in any particular case
to be permitted. |
|
| 9. |
In no single case
shall the amount of each Grant exceed
two-thirds of the capital comprising
the Zimmern Fund. |
| 10. |
Upon final approval
of any Loan or Grant the Bar Committee
shall in due course cause payment
to be effected to the applicant and
on receiving payment the applicant
shall in writing and by his signature
acknowledge receipt of such payment
and the terms and conditions upon
which the Loan or Grant is made. |
| 11. |
Amendments and additions
to these Rules may be made by the
Bar in General Meeting or alternatively
by resolution of the Bar Council,
which shall be operative forthwith,
but may be revoked or amended by the
Bar in General Meeting. |
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| Click
here to download the Application Form |
