Hong Kong Bar Association

Circular No. 075/03

To : Members of the Bar Association

From : Andrew Mak - Hon. Secretary

Date : 8 September 2003

3-MONTH PUPILLAGE REQUIREMENT

Pupils are expected to arrange to serve not less than 3 months' pupillage with any one barrister. This requirement ensures a reasonable duration of pupillage for the benefit of the pupil as well as the pupil master who has to certify the pupil's fitness and suitability to practise as a barrister. However, the Bar Council notes that the last part of a pupil's 12-month minimum pupillage may under certain circumstances turn out to be less than 3 months. The Bar Council has resolved that such instance should be an exception to the 3-month minimum pupillage requirement.

As matter of procedure, applications for pupillage of less than 3 months as the last part of the 12-month minimum pupillage may be submitted in the normal way. The applications will be decided on a case-by-case basis. Whether the applications will be approved depends on factors including, but not limited to, the reason for having to make such arrangement, the duration of such pupillage and the pupillage already served.

It should be noted that the above exception is applicable only to the arrangement of the last part of the 12-month minimum pupillage. Pupil masters are also reminded that they accept the same responsibility, as set out in the Code of Conduct, in certifying that the pupil is a fit and suitable person to practise as a barrister although his or her pupillage is for less than 3 months.

Arrangement of the last part of pupillage in excess of the 12-month minimum period would still be approved. However, if all the pupil's masters including his last one would certify the pupil's fitness and suitability to practise as a barrister at the end of the 12th month, the pupil would be required to apply for a full practising certificate at the end of the 12th month for the purpose of carrying on his or her practice. In that case, the last part of his or her pupillage beyond 12th month will effectively be a voluntary arrangement.