Hong Kong Bar Association

Circular No. 050/04

To : Members of the Bar Association

From : Andrew Mak - Hon. Secretary

Date : 31 May 2004

AMENDMENTS TO THE CODE OF CONDUCT
DIRECT PROFESSIONAL ACCESS -
THE OFFICE OF THE OMBUDSMAN

Members are informed that at the meeting of the Bar Council held on 6 May 2004, the Bar Council approved the Office of the Ombudsman, Hong Kong, as a recognised professional body under Paragraph 50 of the Code of Conduct. The amended Annex 20 of the Code of Conduct is now attached.

In relation to the point of contact for the purpose of direct access, the Ombudsman has decided that the following staff of the Office of the Ombudsman may contact barristers direct for legal advice:-

(a) all directorate officers, i.e. Deputy Ombudsman and Assistant Ombudsman ;
(b) all Complaint Officers comprising Chief Complaint Officers, Senior Complaint Officers and Complaint Officers ;
(c) Chief Executive Officer, Senior External Relations Officer, Senior Officer Administrator and Accountant.

Members are also reminded that the Direct Professional Access Rules under Annex 19 to the Code of Conduct will apply.

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ANNEX 20
(paragraph 50)

Acceptance of Brief or Instructions Directly from Persons Authorized by Custom or the Bar Council

1. The following are the exceptions authorised by custom as referred to in paragraph 50 of the Code of Conduct:

(a) Instructions from Patent and Trade Mark Agents.

2. The following are the exceptions authorised by the Bar Council as referred to in paragraph 50 of the Code of Conduct:

(a) Instructions from the Duty Lawyer Service;

(b) Provision of advisory service at centres of the Duty Lawyer Service;

(c) Provision of services pursuant to the Bar Free Legal Service Scheme organised under the supervision of the Council (Circular 32/94);

(d) Provision of advisory service to the Medical, Dental and Chiropractors' Councils and the Veterinary Surgeons Board (Circular No.67/97); and other tribunals or bodies exercising judicial or quasi-judicial functions as established by statute (Circular No. 8/99) and the Licensing Appeals Board; (Ciruclar No. 011/00)

(e) Instructions from foreign lawyers (para 170);

(f) Instructions from members of the following recognised professional bodies: (Circular No.5/97)

(i) Hong Kong Society of Accountants

Address: 4/F, Tower Two, Lippo Centre, 89 Queensway, Hong Kong
Telephone: 2287 7228
Fax: 2865 6603

(ii) Hong Kong Institute of Company Secretaries

Address: 22nd Floor, Prosperous Commercial Building, 54-58 Jardine's Bazaar, Causeway Bay, Hong Kong
Telephone: 2881 6177
Fax: 2881 5058

(iii) The Chartered Institute of Arbitrators

Address: International Arbitration & Mediation Centre, 12 Bloomsbury Square, London WC1A 2LP, United Kingdom
Telephone: (44) 20 7421 7444
Fax: (44) 20 7404 4023

(Note: In respect of direct access by members of the Chartered Institute of Arbitrators, the Direct Professional Access Rules in Annex 19A shall apply.)

(iv) The Taxation Institute of Hong Kong

Address: 3/F, Chinachem Tower, 34-37 Connaught Road, Central, Hong Kong
Telephone: 2810 0438
Fax: 2523 1263

(v) The Hong Kong Institute of Surveyors

Address: Room 801, Jardine House, 1 Connaught Place, Hong Kong
Telephone: 2526 3679
Fax: 2868 4612

(vi) The Office of the Ombudsman, Hong Kong

Address : 30/F, China Merchants Tower, Shun Tak Centre, 168-200 Connaught Road Central, Hong Kong
Telephone : 2629 0533
Fax : 2882 8149