Patrick Yu Memorial Scholarship
1. The name of the scholarship shall be called “Patrick Yu Memorial Scholarship”.
2. In these Rules, unless the context otherwise requires:
“Applicant” shall mean a person who has made an application pursuant to Rule 11 herein below;
“Application Date” shall mean the date on which an application by an Applicant is made under Rule 11 herein below. In the event the application is made on a Saturday, Sunday or public holiday, the Application Date shall be deemed to be the last working day before the application is made;
“Award” shall mean an award made under these Rules;
“Bar Association” shall mean the Hong Kong Bar Association;
“Bar Council” shall mean the Executive Committee of the Bar Association;
“Legal Aid Department” shall mean the Legal Aid Department established under the Legal Aid Ordinance (Chapter 91 of Laws of Hong Kong);
“Member” shall mean a Member of the Bar Association;
“Patrick Yu Memorial Scholar” or “Scholar” shall mean the recipient of an Award under these Rules;
“Qualification Period” shall mean a period of 5 years (or such period as the Bar Council may from time to time prescribe) for which the Applicant has been qualified to practise without restriction as a barrister in Hong Kong before the Application Date;
“Scheme” shall mean the arrangement pursuant to which sum or sums under the Award is released to a Scholar under Rule 8 hereinbelow;
“Scholarship” shall mean the Patrick Yu 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 15 herein below.
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 high calibre, who have been qualified to practise as a barrister in Hong Kong for a period of the Qualification Period or less, to practise in criminal work or to join criminal practice.
Eligibility for the Scholarship
5. Any person who can satisfy the following criteria is eligible to apply and be awarded the Scholarship:
(a) has been qualified to practise as a barrister in Hong Kong for a period of the Qualification Period or less;
(b) is holding a practising certificate issued by the Bar Association;
(c) is a permanent resident of the Hong Kong Special Administrative Region;
(d) is interested and has aspiration to practise in criminal work or to join criminal practice in Hong Kong; and
(e) has made an application for the Scholarship and attended an interview as required under Rules 11 and 12 hereinbelow.
6. The Scholarship Committee may, in each calendar year, recommend to the Bar Council any Applicant to receive an Award. The number of recommended Applicants shall not be more than the number as may be decided from time to time by the Bar Council in consultation with the Scholarship Committee. The Scholarship Committee may decide to make no recommendation in any calendar year.
7. The Award shall be a sum or sums of such an amount or amounts which is or are to be released to the Scholar or Scholars at such time and in such manner as the Bar Council may from time to time determine.
8. The Award shall be made to a Scholar to enable him to participate as counsel in criminal trials or appeals in Hong Kong for a legally-aided defendant together with and under the guidance of a more senior counsel, subject to the following conditions:
(a) the Senior Counsel/Counsel assigned by the Legal Aid Department to take up a criminal trial or appeal consents to the engagement of the Scholar as junior counsel in that assigned trial or appeal;
(b) the Legal Aid Department does not object to the engagement of the Scholar as junior counsel in that assigned trial or appeal;
(c) the lay client in the relevant trial or appeal consents to the engagement of the Scholar as junior counsel;
(d) the Court hearing the assigned trial or appeal does not object to the appearance of the Scholar together with the Senior Counsel/Counsel assigned by the Legal Aid Department in the trial or appeal;
(e) unless the Scholar is assigned to a trial or appeal by the Legal Aid Department and paid by the latter, the Scholar shall not be entitled to any legal fees for his participation in an assigned trial or appeal, but it shall be released to him such sum or sums representing a part of the Award in such manner or at such time as may be considered appropriate by the Bar Council on the basis of the work undertaken by the Scholar in the assigned trial or appeal;
(f) the participation by the Scholar under the Scheme as provided in these Rules shall be for a period of one calendar year, subject to such extension as may be considered appropriate by the Bar Council;
(g) the total amount awarded to the Scholar for the work undertaken during the period of participation in the Scheme shall be subject to such limit as may be considered appropriate by the Bar Council; and
(h) any further conditions imposed by the Scholarship Committee and/or the Bar Council as they may, in their absolute discretion, think fit.
Withdrawal of Entitlement
9. If the Scholar should fail to participate in at least one criminal trial or appeal pursuant to the Scheme within one calendar year from the date of the Award or within such extended period as may be permitted by the Bar Council, the title of “Patrick Yu Memorial Scholar” conferred on him shall be withdrawn immediately with retrospective effect.
Moral Obligation of a Patrick Yu Memorial Scholar
10. It is hoped that each Scholar will take up a moral obligation, after having been established in the profession, to donate back to the Scholarship sufficient to sustain another Scholar.
Application and Interview
11. Application form for the Scholarship may be downloaded from the website of the Bar Association. Completed application forms must be submitted to the Bar Secretariat on or before 30 September of a calendar year or the following working day in the event 30 September is a Sunday or public holiday.
12. All Applicants are required to submit their applications on or before the deadline of application under Rule 11 hereinabove and to attend an interview by the Scholarship Committee in Hong Kong under Rule 13 hereinbelow, failing which their applications will not be considered by the Scholarship Committee.
13. 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 in its absolute discretion and without giving any reason refuse to interview any Applicant.
The Scholarship Committee
14. Subject to Rule 18 hereinbelow, the Scholarship shall be managed by the Scholarship Committee to be appointed by the Bar Council.
15. 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 including but not limited to members of the Judiciary and/or members of academic institutions to serve on the Scholarship Committee.
16. The Scholarship Committee shall decide on all aspects in relation to applications for the Scholarship and its decision shall be final.
17. The Scholarship Committee shall render an annual report to the Bar Council.
Administration of Scholarship Assets
18. 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.
19. The income and property of the Scholarship howsoever derived, shall be applied solely towards the promotion of the object 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 Scholarship Committee or the Bar Council.
20. No member of the Scholarship Committee or the Bar Council or 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.
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 Committee or the Bar Council but shall be given or transferred to some other institution or institutions having objects similar to the object 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 hereinabove and this Rule; such institution or institutions to be determined by a resolution 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.
Alteration of Rules
25. These Rules of the Scholarship (but not the object) set out herein 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.
Hong Kong Bar Association
13 November 2020
13 November 2020