1. The name of the scholarship shall be called "The Bar Scholarship".
2. In these Rules, unless the context otherwise requires:-
"Applicant" shall mean the Applicant who fulfilled the conditions under Rule 5 hereinbelow;
"Bar Association" shall mean the Hong Kong Bar Association;
"Bar Council" shall mean the Executive Committee of the Bar Association for the time being;
"Bar Scholar" shall mean the recipient of an award under the Scholarship;
"Member" shall mean a Member of the Bar Association;
"Scholarship" shall mean the Bar Scholarship;
"Scholarship Assets" shall mean all assets and moneys from time to time held upon trust of the Scholarship, including all income accruing thereto from whatsoever source and any donations, bequests or other gifts and any funds, investments, moneys and property from time to time received for the Scholarship and for the time being held upon such trust by way of addition or accretion or otherwise; and
"Scholarship Committee” shall mean the special committee established under Rule 14 hereinbelow.
A person is or has been "qualified for practice as a legal practitioner (of whatever description)" if he is or has at any time been admitted or otherwise recognized by the relevant authority in the jurisdiction concerned as a legal practitioner (of whatever description) and has completed all required training or apprenticeship (if any) and a person is so qualified notwithstanding the necessity to comply with any further administrative or financial requirements.
3. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender.
4. The object of the Scholarship is to encourage candidates of the highest calibre, who are not, and have not at any time been, qualified for practice as a legal practitioner (of whatever description) in any jurisdiction (including Hong Kong), and who are permanent residents of the Hong Kong Special Administrative Region, to join the Bar by providing them with financial incentive and/or assistance during pupillage. Preference will be given to candidates under the age of 40 as at the closing date of application of the year of application under rule 10 below.
Eligibility for the Scholarship
5. All applicants are required to submit their applications before they commence their pupillages and that they be required to attend an interview by the Scholarship Committee in Hong Kong. Those who fail to submit their applications before they commence their pupillages and attend the interview will not be considered for the Scholarship.
6. The recipient of the award shall be called a "Bar Scholar". It is awarded for the very best. It is envisaged that not more than a few awards will be made each year. The Scholarship Committee may also decide to make no award in any year.
7. The award shall include a lump sum payment of such an amount and payable at such time and in such manner as the Bar Council may from time to time determine.
8. The award is conditional upon the Bar Scholar:-
(a) undertaking and commencing pupillage within such period from the date of the award as may be determined by the Scholarship Committee or within such extended period as the Scholarship Committee may, in its absolute discretion, grant;
(b) undertaking and commencing practice as a barrister in Hong Kong for 12 months immediately after completion of pupillage;
(c) informing the Scholarship Committee of the date of commencement of his pupillage and full practice and of such other relevant fact and matter as requested by the Scholarship Committee;
(d) satisfying and/or fulfilling any further condition imposed by the Scholarship Committee as it may, at its absolute discretion, think fit.
Moral Obligation of A Bar Scholar
9. It is hoped that each Bar Scholar will be under a moral obligation, after having been established in the profession, to donate back to the Scholarship sufficient to sustain another Bar Scholar.
10. Application form is downloadable from the Bar's website. Completed application form must be submitted to the Bar Secretariat on or before 15th February of the same year in which the Applicant intends to commence his/her pupillage.
11. The Scholarship Committee may, at its absolute discretion, interview suitable applicants at such time and in such place in Hong Kong as it shall think fit. For the avoidance of doubt, the Scholarship Committee may at its absolute discretion and without giving any reason refuse to interview any applicant.
12. The Scholarship Committee may make any offer at such time and may impose such condition as it may in its absolute discretion think fit without giving any reason.
The Scholarship Committee
13. Subject to Rule 18 hereinbelow, the Scholarship shall be managed by the "Scholarship Committee" to be appointed by the Bar Council.
14. The Scholarship Committee shall consist of no less than 3 persons. Apart from Members, the Bar Council may from time to time invite and appoint non-Members such as members of the Judiciary and/or members of academic institutions to serve on the Scholarship Committee.
15. The Scholarship Committee shall decide on all applications and its decision shall be final.
16. The Scholarship Committee shall render an annual report to the Bar Council.
Administration of Scholarship Assets
17. The Bar Council shall administer the Scholarship Assets and shall be at liberty from time to time to delegate such administration or any aspect thereof to a special committee.
Alteration of Rules
18. These rules of the Scholarship (but not the object) may be altered or revoked and new rules may be made from time to time by the Bar Council after consultation with the Scholarship Committee.
19. The income and property of the Scholarship, howsoever derived, shall be applied solely towards the promotion of the objects of the Scholarship as set out in these Rules, and none of the income or property of the Scholarship shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever, to any member of the Bar Council (being the governing body of the Scholarship) or the Scholarship Committee.
20. No member of the Scholarship Committee or the Bar Council (being the governing body of the Scholarship) shall be appointed to any salaried office of the Scholarship or shall be paid by fees, and no remuneration or other benefit in money or money’s worth shall be given by the Scholarship to any member of the Scholarship Committee or the Bar Council (being its governing body).
21. The Scholarship Committee must prepare annual financial statements for each accounting reference period. The financial statements must be prepared to show a true and fair view. Also, the Scholarship Committee must keep accounting records (including donation receipts).
22. If upon dissolution of the Scholarship there remains, after the satisfaction of all its debts and liabilities, any property whatsoever (“the net assets”), the net assets shall not be paid to or distributed among the members of the Scholarship or the Bar Council (being its governing body) but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Scholarship, and which shall prohibit the distribution of its or their income and property amongst its or their members to an extent at least as great as is imposed on the Scholarship under or by virtue of Rule 19, such institution or institutions to be determined by a resolution of the members of the Bar Council at or before the time of dissolution and in default thereof by a Judge of the High Court of the Hong Kong Special Administrative Region having jurisdiction in the matter. If and so far as effect cannot be given to the aforesaid provisions, the net assets shall be applied for charitable purposes as directed by a Judge of the High Court of the Hong Kong Special Administrative Region having jurisdiction in the matter.
23. If a member of the Scholarship Committee is in any way (directly or indirectly) interested in a transaction, arrangement or contract or proposed transaction, arrangement or contract with the Scholarship that is significant in relation to the Scholarship’s operation and his interest is material, he must declare the nature and extent of his interest to other members of the Scholarship Committee.
24. A member of the Scholarship Committee must neither vote in respect of the transaction, arrangement or contract or proposed transaction, arrangement or contract in which he is so interested nor be counted for quorum purposes in respect of the transaction, arrangement or contract, and if he does so vote his vote shall not be counted.
Hong Kong Bar Association
17 December 1997
Amended on 9 September 2005
Amended on 14 August 2007
Amended on 16 December 2010
Amended on 28 November 2018
Amended on 5 December 2019
Download Application Form