| 1. |
In these Rules:- |
 |
(1) |
"Bar
Council" (save in Rule 3) includes
any sub-committee appointed under
Rule 3. |
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(2) |
"Loan"
means a loan provided or to be provided
from the Fund. |
| |
(3) |
"The
Ordinance" means the Legal Practitioners
Ordinance (Cap, 159, L.H.K. 1981 Ed.)
and all amendments thereto. |
| |
(4) |
"Barrister"
means a barrister within the meaning
of the Ordinance. |
| 2. |
The
fund herein referred to shall be known
as Fund for New Barristers (hereinafter
called "the Fund") |
| 3. |
The
Bar Council shall administer the 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. |
Each
of the following persons shall be
eligible to apply for a Loan, namely:-
| 1. |
A
barrister who commenced active
practice not more than 3 years
before the date of such application
or who intends shortly thereafter
to enter into active practice.
|
| 2. |
A
person who at the date of such
application is not a barrister
but who:- |
| |
(a) |
has satisfied
or is capable of satisfying
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 active practice. |
|
| 5. |
An application
for a Loan 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,
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 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
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 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 or to enter
into or continue in active practice
as a barrister; and, |
| (3) |
the applicant
has in writing signified acceptance
of the terms and conditions
upon which the loan 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 Fund;
|
| (2) |
in the event
that the Bar Council is of the
opinion that a choice must be
made between eligible applicants
so that one or more of their
applications must be rejected,
it shall, in exercising such
choice give weight to the fact
that any particular applicant
is a local law graduate and/or
has a substantial connection
with Hong Kong if such be the
case; and, |
| (3) |
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 defaults in making repayment
of any instalment if the Loan
be repayable by instalments;
and, |
| (4) |
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. |
Upon
final approval of any Loan the Bar
Council 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 is made. |
| 10. |
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 |
