Rules & Regulations

15. The Bar Council shall carry into effect the objects for which the Bar Association is constituted as hereinbefore set forth in such manner and by such means as it may determine, subject nevertheless to any regulation of these presents and to such rules and directions not inconsistent with the aforesaid regulations as may be prescribed by the Bar Association in General Meeting, but no rules or direction made or given by the Bar Association in General Meeting shall invalidate any prior act of the Bar Council which would have been valid if such rule or direction had not been made or given.

16. In particular but without prejudice to the generality of the immediately preceding Regulation the Bar Council shall have power:-

(1) to appoint (with or without salaries) and remove such Assistants, Clerks, Employees or Agents of the Bar Association as may be deemed necessary or desirable;

(2) to apply the funds of the Bar Association for the purposes of assisting or benefitting law students, law graduates, pupils, barristers and other persons who qualify for assistance or benefit under any Fund established under the auspices of the Hong Kong Bar Association.

17. The Chairman shall preside at all meetings of the Bar Council at which he shall be present, but if he is incapacitated or disqualified from acting for reasons of health or otherwise or is absent from Hong Kong, the Vice-Chairman (if there is only one Vice-Chairman) or the Senior Vice-Chairman (if there is more than one Vice-Chairman) shall act as the chairman of such meeting. In the latter case if the Senior Vice-Chairman is in turn incapacitated or disqualified or absent as aforesaid, the other Vice-Chairman shall act as the chairman of the meeting. If the Vice-Chairman (if there is only one Vice-Chairman) or both Vice-Chairmen (if there is more than one Vice-Chairman) are in turn incapacitated or disqualified or absent as aforesaid, the Bar Council shall appoint a Member of the Bar Council to act as chairman of such Meeting.

18. The Bar Council may hold meetings, adjourn or otherwise regulate its meetings as it thinks fit provided that the Bar Council shall meet at least once in every calendar month at such time and place as the Chairman shall direct save and except during the Long Vacation during which no meeting need be held. Six Members of the Bar Council shall constitute a quorum. Questions arising at any meeting shall be decided by a majority of votes cast by the Chairman, Vice-Chairman or Vice-Chairmen, Honorary Secretary, Deputy Honorary Secretary, Elected and co-opted Members present and voting. In case of an equality of votes the chairman of the meeting shall have a second or casting vote.

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20. (a) The Bar Council may at any time and from time to time co-opt any Member as an Additional Member thereof provided that the number of persons so co-opted shall not exceed nine and provided that not more than half of the number of such Additional Members shall be of less than five years’ standing. Not more than one Additional Member shall be an employed barrister who may be of more or less than 5 years’ standing at the Bar. Any person so co-opted shall retain office only until the conclusion of the Annual General Meeting next following the date of his appointment.

(b) The Bar Council shall have power at any time to cancel such co-option.

21. The Bar Council may appoint Committees consisting of such Members and other barristers as it thinks fit, and any Committee so formed shall, in the execution of its duties, conform to any directions imposed on it by the Bar Council.

22. (a) The Bar Council may at any time co-opt to its body any person or persons honoris causa, provided that notice of a proposal to co-opt a named person to be given at one of its meetings and decision by vote or otherwise be made at a succeeding meeting.

(b) Such co-opted persons shall have no right to vote at meetings, but may be invited to attend meetings of the Bar Council or be asked to offer such services as may from time to time be determined by the Bar Council.

(c) The Bar Council shall have power to cancel the co-option honoris causa of such persons.

(d) Regulation 14 (a) and (c) shall not apply to such persons.

23. The Bar Council shall cause proper minutes to be made of all appointments and co-options by the Bar Council and of the proceedings of all meetings of the Bar Association, the Bar Council, and the Committees of the Bar Association, and of all business transacted at such meetings, and any such minutes of any meeting, if purporting to be signed by the chairman of such meeting or by the chairman of the next succeeding meeting, shall be sufficient evidence without further proof of the facts therein stated.

24. The continuing Members of the Bar Council may act notwithstanding any vacancy in their body; provided always that in case the Members of the Bar Council shall at any time be reduced to less than six, such continuing Member or Members may act only for the purpose of summoning a General Meeting of the Bar Association to elect a Member or Members to fill the vacancies in the office of Elected Members, but not for any other purpose. All the provisions of these presents concerning the election of office shall apply mutatis mutandis save that the Bar Council may abridge any time prescribed under these presents. Every Member so elected to an office shall hold the same until the vacation of his office under Regulation 14 or 14B or 14D or 14E or his retirement in accordance with Regulation 7(1) or (1A). Provided where the vacancy arises not more than three weeks before next third Thursday of January, no such election shall be held.