Charles Ching Memorial Scholarship

Name

The name of the scholarship shall be called “Hong Kong Bar Association – Charles Ching Memorial Scholarship”.
 
 
Interpretation
 
In these Rules, unless the context otherwise requires:-
 
 “Bar Association” shall mean the Hong Kong Bar Association;
 
“Bar Council” shall mean the Executive Committee of the Bar Association for the time being;
 
“Charles Ching Scholar” shall mean the recipient of an award under the Scholarship;
 
“Fund” shall mean the corpus of the trust fund set up herein to fund the Scholarship; 
 
“Member” shall mean a Member of the Bar Association;
 
“Scholarship” shall mean Hong Kong Bar Association – Charles Ching Memorial 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.
 
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.
 
 
Object
 
4. The object of the Scholarship is to encourage high calibre law graduates or likely candidates to join the Bar by providing them an opportunity to undergo suitable training for advocacy skills through provision of financial awards during pupillage and / or the early stages of their practice at the Bar.
 
 
Eligibility for the Scholarship
 
5. All applicants are required to attend an interview by the Scholarship Committee in Hong Kong.  Those who fail to attend the interview will not be considered for the Scholarship.
 
 
The Award
 
6. All applicants must have completed or at least be pursuing the PCLL course in Hong Kong.  Preference may be given to applicants who would otherwise not have an opportunity to receive advocacy training.
 
7. The recipient of the award shall be called a “Charles Ching Scholar”.  A “Charles Ching Scholar” shall be someone, in the view of the Scholarship Committee, with a promising career at the Bar.  The Scholarship Committee may make any number of awards each year provided that the Fund shall not be exhausted.  The Scholarship Committee may also decide to make no award in any year.
 
8. The award shall include the arrangement of an advocacy training course or an advocacy training course and pupillage attachment and may include return airfares to and from the training course and / or pupillage attachment and an amount of subsidy for living expenses.  The Scholarship Committee may from time to time determine the manner, amount and timing of payment of all the necessary cost and expenses of such an arrangement as aforesaid.  
 
9. The award is conditional upon the Charles Ching Scholar: -
 
(a) undertaking, commencing or continuing 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 at least 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 may be 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.
 
10. It is anticipated that the entirety or part of the award will normally be made available to the successful candidate upon completion of pupilage or at a time when the recipient is best able to obtain maximum benefit from participation in an advocacy course.
 
 
Moral Obligation of A Charles Ching Scholar
 
11. It is hoped that each Charles Ching Scholar will discharge the moral obligation, after having been established in the profession, to make such donation(s) back to the Scholarship as may be sufficient to sustain at least one other Charles Ching Scholar.
 
 
Application
 
12. Application form is available from the Bar’s website .  Completed application form must be submitted to the Bar Secretariat by 31 May each year .
 
13. Each application must be accompanied by a video recording and a written script of a speech of not more than 3 minutes in duration delivered by the applicant detailing his career aspiration and other relevant information.
 
14. 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.
 
15. 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
 
16. Subject to Rule 18 hereinbelow, the Scholarship shall be managed by a Scholarship Committee to be appointed by the Bar Council.
 
17. The Scholarship Committee shall consist of no less than 3 persons of which at least one shall be a senior counsel.  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.
 
18. The Scholarship Committee shall decide on all applications and its decision shall be final.
 
19. The Scholarship Committee shall render an annual report to the Bar Council.
 
 
Administration of Scholarship Assets
 
20. 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.
 
 
General Provisions
 
21. The income and property of the Fund whosoever 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 Fund shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever to any member of the Fund.
 
22. No member of the Scholarship Committee or governing body of the Fund shall be appointed to any salaried office of the Fund, or any of the Fund shall be paid by fees and no remuneration or other benefit in money or money’s worth shall be given by the Fund to any member of the Scholarship Committee or its governing body.
 
23. 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).
 
24. If upon dissolution of the Fund 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 Fund but shall be given or transferred to some other institution or institutions, having objects similar to the objects of the Fund, 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 Fund under or by virtue of Rule 21 and this Rule, such institution or institutions to be determined by a resolution of the members of the Fund 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.
 
25. (a) 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 Fund that is significant in relation to the Fund’s operation and his interest is material, he must declare the nature and extent of his interest to other members of the Scholarship Committee.
(b) 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.
 
 
Alteration of Rules
 
26. 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.
 
 
Dated 18 December 2000
(Amended 10 October 2004)
(Amended 22 September 2011)
(Amended 18 July 2017)
(Amended 28 February 2019)
(Amended 6 December 2019)
 
Hong Kong Bar Association

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