Barristers have unlimited right of audience in all level of courts of Hong Kong. A properly conducted litigation will have a proper division of labour between the solicitor and the barrister involved. Unless the advocates can present his client's case in an effective and adequate manner, the judge may not have the benefit of competing arguments and may not be put in the best position to decide the disputes. The rationale of this rule is to prevent barristers from vetting clients on political, moral or other grounds. Every barrister in Hong Kong can only practise law as a sole-proprietor. Shell Hong Kong Limited v Meyer Aluminium Ltd (CTA 2/2018) (with Kenneth K.H. In January 2021 The Times repeated an assertion in its headline that he was "a source of shame" for prosecuting Hong Kong democracy campaigners. The profession of barristers in Hong Kong is a referral one. Save in a few recognized situations, end-users of legal services in Hong Kong cannot instruct barristers directly. James is recommended in both Chambers and Partners and Legal 500. Tim commenced practice in England and Wales in March 2018 on completion of his six-month pupillage in Chambers, having been called to the Bar in 2017. Instead, clients have to retain solicitors who will then instruct a barrister for the clients. In 1844, our very first Supreme Court Ordinance was enacted. Individual variations aside, the legal professions in the world can basically be grouped under two models: the unified profession model and the split profession model. According to section 27(1) of the Legal Practitioners Ordinance (Cap. One of their expertise is effective presentation of their clients’ case before a court or tribunal. New Barrister jobs added daily. Call: HK ( 1996 ) #Year of call to the Bar in England and Wales or the Bar in Northern lreland,or year of admission as an advocate in Scotland, is … Lee and Nana Lui) acting for the Defendant in alleging price collusion between the Plaintiff and Taching Petroleum Company Ltd and thereby in breach of the first conduct rule as a defence to proceedings under HCA 1069/2018. In Hong Kong, only barristers are subject to this “cab-rank rule” and solicitors are not. As a result, the legal system in Hong Kong remains largely unchanged and our legal profession continues to operate on the same basis as before. Number of practising barristers As of December 2017, there were 99 Senior Counsel (88 male, 11 female), and 1,326 (914 male, 412 female) junior barristers in practice at the private bar in Hong Kong. (2) it is a referral profession; Under this rule, a barrister is bound to accept any brief to appear before a court in the field in which he professes to practise at his usual fee having regard to the type, nature, length and difficulty of the case. Alvin Yeung Ngok-kiu (Chinese: 楊岳橋, born 5 June 1981) is a barrister and politician in Hong Kong. Ronny Tong Ka-wah, SC (Chinese: 湯家驊; born 28 August 1950 in Hong Kong) is a Hong Kong Senior Counsel and politician. If the Barristers Disciplinary Tribunal finds that a barrister is guilty of a disciplinary offence, it has power to impose different forms of punishment which include fine, suspension and striking off. All barristers in Hong Kong are subject to the Code of Conduct issued by the HKBA (“Bar Code”). Paul is in practice as a barrister in England and in Hong Kong, where he is one of Hong Kong’s leading public law silks. It also serves the purpose of ensuring objectivity. Baroness Kennedy describes David Perry’s decision as ‘a source of shame’ A top London barrister has come under fire for agreeing to prosecute pro-democracy campaigners in Hong Kong. E-mail: hokoonki@hkuspace.hku.hk. We are going to explain the division of labour between barristers and solicitors so as to illustrate the different roles played by the two branches of the profession. Katy completed her GCSE and A-Levels in Bromsgrove School (U.K.). Gilt Chambers - Barristers in Hong Kong One of the largest chambers in Hong Kong, with a diverse range of barristers equipped with specific skills for every legal scenario. Apart from providing quality services to clients, Hong Kong barristers owe a duty to society and should contribute their expertise towards upholding the rule of law. One of the lawyers wants to take on the case because he thinks the bank is responsible for the loss and the customer deserves assistance. Since then, the legal profession in England developed into the two branches of solicitors and barristers. Hong Kong . Contact Us. Damien Laracy Solicitor, FHKIArb FCIArb LLB, B.Com M.Com. Senior Counsel are appointed by the Chief Justice as a recognition of the relevant barristers", ability and standing in the profession. Although each barrister is a sole-proprietor, it should be pointed out that it is quite common for barristers to group themselves together and form a set of“chambers”. The Hong Kong Bar Association (HKBA) is responsible for issuing annual practising certificate to barristers. The Hong Kong Department of Justice announced on 20 January … Unlike judges under the inquisitorial system, Hong Kong judges do not and are not expected to conduct any investigation or collect evidence on their own. One of the key reasons for forming chambers is to reduce expenses. His association with Denis Chang’s Chambers goes back to 1993, when he served as a summer pupil in the chambers. Privacy Policy. There are different ways of getting qualified to be admitted as a barrister in Hong Kong. Countries adopting the first model include China and the United States, where the lawyers are known and practise as attorneys. 159), a person is qualified for admission as a barrister if he: (a) is a holder of a Postgraduate Certificate in Law (PCLL); (b) is a solicitor in Hong Kong; or (c) is an overseas lawyer Search Hong Kong Barristers Former top prosecutor in Hong Kong calls on UK foreign minister to apologise to barrister trying opposition figures. One of the largest chambers in Hong Kong, with a diverse range of barristers equipped with specific skills for every legal scenario. In Hong Kong, barristers have the right of audience and can represent their clients in all forms of legal proceedings in all the courts and tribunals save those where legal representation is excluded by statute. Apart from representing clients in court hearings, barristers play a pivotal role in litigation or arbitration. Key examples that would... A Referral Profession. On the other hand, in jurisdictions adopting the split profession model, their legal profession comprises two branches: barristers and solicitors. In countries with a unified legal profession, lawyers can handle all areas of legal practice in accordance with the laws of their own country although individual lawyers may choose to specialize in certain areas. Katy CHUNG Back to Barrister search. 91061438. Legal practice consists of many different areas. In such circumstances, a partner may have to yield to the wishes of the other partners. By reason of this referral arrangement, barristers can focus their time and energy on legal research and case preparation. Human Rights Lawyer Takes on Hong Kong Barrister charges his defense of Snowden and his refugee helpers are behind actions against him. A set of chambers is an office where barristers practise law. Specialization in advocacy and advisory works is not just a characteristic of the Hong Kong Bar, it is also a reason why the Hong Kong Bar has an important role to play in our legal system. In such circumstances, it is most likely that the lawyer who wants to take on the case will be out-voted by his partners. The Bar Code sets out the main principles governing the duties and conduct of barristers. For instance, when a complex commercial contract is being drafted, the clients and solicitors may consult a barrister on the legal ramification of an intended contractual clause. Year of call: 2012 (Hong Kong) Katy has a broad civil, criminal and family law practice. Both referred to as lawyers, the distinct roles played by solicitors and barristers in litigation proceedings are often confusing to the general public. Since then, the legal profession in Hong Kong comprises the two branches of solicitors and barristers. Taching Petroleum Company Ltd v Meyer Aluminium Ltd (CTA 1/2018) (with Kenneth K.H. Other examples include advising clients on the tax implications of an intended company restructuring scheme or whether an intended transaction may be held to be in contravention of specific legislative provisions. The directory published in this Bar List is for the purpose of facilitating the public and members of the Hong Kong Bar Association in identifying practising barristers and barristers’ chambers in Hong Kong registered with the Hong Kong Bar Association. James is an experienced litigator whose legal career in Hong Kong spans more than two decades. When or after proceedings are commenced, barristers are often instructed to draft pleadings or other court documents on behalf of their clients. (Photo provided by the Judiciary of Hong Kong SAR). His other partners however object because they are planning to expand the firm’s banking practice and do not want to antagonise that particular bank so as not to affect potential business. Due to its colonial past, the legal profession in Hong Kong adopted the English model at a very early stage. This enables the clients to know their chance of success so that they can decide whether or not to commence legal proceedings. (a) is a holder of a Postgraduate Certificate in Law (PCLL); National Unified Legal Professional Qualification Examination, PRC, List of Legal Consultants Appointed by Mainland China Law Firms, General Policy of Response to Enquiries of Disciplinary Matters, Duties & Guidelines for Pupil Masters and Pupils, Checklist for Application for Full Practice, Checklist for Application for Limited Practice. All these restrictions are aimed at ensuring that every barrister can act independently in the course of their practice. HK 2020 Interview: Barrister Jessica Leung says justice dep’t is endangering Hong Kong’s rule of law Leung cites its "very active role" in appealing against protest-related court decisions. More importantly, it restricts the customer’s right of access to justice and deprives him of his opportunity of retaining the service of the lawyer who wants to take on the case and who may happen to be an ideal person for pursuing his claim. Unlike solicitors or other professionals, barristers are not allowed to enter into partnership. Barristers are specialized advocates. Independence. This Ordinance established the Supreme Court of Hong Kong and conferred upon it the jurisdiction to admit persons as solicitors and barristers. Third, the judge can only perform his or her function properly if he or she has the assistance of counsel to present the competing arguments for each side. The position is similar to taxi drivers who are obliged to offer his services to any client who asks for them and thus the rule is known as the “cab-rank rule”. In the High Court and the Court of Final Appeal, as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. (c) is an overseas lawyer. This customer approaches a firm of lawyers, who are in partnership. Despite the tradition of forming chambers, barristers remain independent. One often asked question is whether a client will end up having to pay more since he has to retain both a solicitor and a barrister and not just one lawyer. Mini-pupillage are offered to students (whether or not studying a law degree) who wish to see the life of a practising barrister and to learn more about the profession. Jeremy is a Voting Member of The University of Hong Kong Foundation. This is because barristers are only allowed to share expenses but not allowed to share profit. Key examples that would naturally spring into one’s mind include litigation, conveyancing, probate, and commercial transactions. She is qualified as a Chinese Commercial Mediator (中國商事調解員資格). After reunification on 1 July 1997, the Basic Law of Hong Kong implements the concept of “One Country Two System”. Applications should be made in writing to the barrister with whom the applicant intends to serve her or his pupillage, or to: Pupillage Committee. Let's deal with each of these characteristics and compare the differences between solicitors and barristers. In addition, Queen's Counsel are admitted from time to time on an ad hoc basis for the purpose of conducting specific cases in Hong Kong. Another aspect of equal importance is the “cab-rank rule”. According to section 27(1) of the Legal Practitioners Ordinance (Cap. He has also acted in a wide range of other common law and commercial matters at all court levels, including the Hong Kong Court of Final Appeal and the Privy Council. Advisory work is another key area of barristers’practice. If a lawyer gets too close to a client, it is not unlikely that he may subconsciously side with the client and thereby lose objectivity. His professional accolades as a litigator include the following: In this example, the refresher will be HK$5,000 for each additional day in court. In countries with a split legal profession, there is a division of labour between solicitors and barristers. Hong Kong Tel : +852 2810 7222 Fax : +852 2845 0439 [email protected] Annex: Room 4301, One Lippo Centre 89 Queensway, Admiralty Hong Kong Tel : +852 2525 1228 Fax : +852 2810 6728 Privacy Policy Further, all practising barristers in Hong Kong are bound to take their practice of law as their primary occupation. This means that solicitors are restricted from doing so. Quals: LLB (U. Lon) , PCLL (HK) , BA (CUHK) , PhD (Illinois) , Accredited Mediator. 159), a person is qualified for admission as a barrister if he: (a) is a holder of a Postgraduate Certificate in Law (PCLL); In Hong Kong, the litigation system is an adversarial one. Due to the negligence of a bank’s staff, a customer suffered loss and wants to sue the bank. Rooms 3206-7, Alexandra House . Mini-pupillage with a newly-called barrister and an experienced … For instance, a barrister cannot refuse to act for an accused charged of rape on the ground that he dislikes sexual offenders. A Hong Kong native and barrister now in his 80s, Litton served as a judge on Hong Kong’s highest appeals court from 1997 until his retirement in September 2015. There are also a small number of employed barristers who work as in-house lawyers and do not offer their services to the general public. David Perry QC is a senior English criminal barrister. Founded by Dr Gerard McCoy SC, Gilt Chambers has developed into one of the largest chambers in Hong Kong. Even if they are in the same set of chambers, each barrister remains responsible for his own professional practice. Such a situation does not simply affect the lawyer involved. It usually lasts for 2 weeks during which students may read through case papers, conduct research, complete simple tasks or, if opportunity allows, attend court hearings. Jeremy has served as Tutor in Equity & Trust for LLB Undergraduates and as Honorary Lecturer in the Department of Law at The University of Hong Kong, and an occasional Civil Advocacy Tutor and Assessor for the PCLL. Legal practice consists of many different areas. The reasons for adopting this rule are these. Arthur Bowring MH BSc FCIArb FHKIArb FICS FNI FRINA FRIN FHKIoD. (b) is a solicitor in Hong Kong; or The costs thus remain the same, but clients enjoy the advantage of receiving specialist services. Imagine the following scenario. Barristers. Hong Kong. Before proceedings are commenced, barristers are very often instructed to advice on the merits of the intended claim. Nor are barristers allowed to incorporate themselves as a corporation or company. Second, under our adversarial system, it is the task of the judge, and not the barristers, to decide who is right and who is wrong. … As and when the proceedings reach a certain stage, barristers will be instructed to advise on evidence and to review the merits of the parties' cases. There are about 1,500 barristers practising in Hong Kong. HK$5,000 x 2 for preparation plus HK$5,000 for the first day of court appearance). At present, apart from England and Wales, other jurisdictions with a similar split legal profession include the Republic of Ireland, Northern Ireland, Scotland, Australia, New Zealand and South Africa. For example, for a barrister who normally charges HK$5,000 per day, his brief fee will be HK$15,000 if the case calls for 2 days of preparation (i.e. The answer is no. The emergence of barristers as a profession first took place in England in the early thirteenth century. As barristers are retained through solicitors, the possibility of barristers losing objectivity is substantially reduced. David Perry QC had been instructed by the Hong Kong justice department to prosecute 76-year-old Lai and eight others including the democracy figure Martin Lee … Each side to the litigation presents his evidence and arguments to the judge. He maintains a civil practice with a focus on personal injuries, particularly medical negligence. She read law in the University of Hong Kong, BPP Law School London and Peking University. Mar 10: 3: Share . British minister Dominic Raab said David Perry was handing Beijing a … Solicitor, Barrister and Solicitor Advocate The The two branches of legal professions in Hong Kong – solicitors and barristers – have been constantly mixed up in recent TV dramas. The expertise of top barristers from overseas, parachuted into Hong Kong for important cases, has long been an asset to the city’s legal system. Today’s top 25 Barrister jobs in Hong Kong SAR. If a barrister acts in breach of the Bar Code, the Bar Council may refer the matter to the Barristers Disciplinary Tribunal, which is an independent body comprising members appointed by the Chief Justice. Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his or her refusal to accept a particular brief. Nicholas Pirie has been practising at the Bar for more than 40 years in Hong Kong. Out of these 1,500 barristers, there are about 100 Senior Counsel (i.e. Chris Howse Solicitor FCIArb FHKIArb. John Berthelsen. National Unified Legal Professional Qualification Examination, PRC, List of Legal Consultants Appointed by Mainland China Law Firms, General Policy of Response to Enquiries of Disciplinary Matters, Duties & Guidelines for Pupil Masters and Pupils, Checklist for Application for Full Practice, Checklist for Application for Limited Practice. Founded in 1990 by Charlotte Draycott SC and Michael Poll, Central Chambers is now home to 35 barristers who practise both Criminal and Civil law. The profession of barristers in Hong Kong is a referral one. Edward Alder, FHKIArb Barrister (Hong Kong) Solicitor (New South Wales, England & Wales) MA (Law)(Cantab) BSc (Auck) Bill Amos FHKIArb LLB Law (Hons) Solicitor Hong Kong, England & Wales. Hong KongTel : +852 2810 7222Fax : +852 2845 0439[email protected] Annex:Room 4301, One Lippo Centre 89 Queensway, Admiralty Hong KongTel : +852 2525 1228Fax : +852 2810 6728. The judge listens to both sides’ case and decides the dispute. Clients from time to time may need specialized legal advice even though there is no pending litigation. It is difficult to define the profession of barristers in Hong Kong (sometimes referred to as "the Hong Kong Bar”). It cannot be gainsaid that advocacy is a skill that needs constant practice. As we all know, the rule of law is one of the key factors that contribute to Hong Kong’s success. Unless a barrister has subscribed for the compulsory insurance and holds a valid practising certificate, he cannot practise in Hong Kong as a barrister. By reason of their specialization, barristers in Hong Kong develop the requisite skills in ensuring that their clients' case is presented in the best light to the judge. Barristers in Hong Kong Specialized Advocates & Legal Advisors. 9th Floor, One Lippo Centre. Paul has a very wide range of experience both as a lawyer and in dispute resolution. There are different ways of getting qualified to be admitted as a barrister in Hong Kong. If a barrister is allowed to enter into partnership, he would have to take into account or are even bound by the interests and views of his partners. Another reason is to facilitate interflow. He is based in Hong Kong where he has established a formidable reputation as a leading junior, with particular recognition for his public law work. Shortlisted applicants will be invited to attend an interview with the Pupillage Committee. Under the adversarial system, the quality of advocates is crucial to the proper administration of justice. The profession of barristers is an English product. However, the following are the key characteristics: (1) it is a profession of specialized advocates and legal advisors; Queen's Counsel as they were called before 1 July 1997). Leverage your professional network, and get hired. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. (3) it is an independent profession; and 89 Queensway, Admiralty. First, before the dispute is resolved by the court, no one is in a position to judge who is right and who is wrong. Thus, disputes resolution including litigation and arbitration is one of the key areas of barristers’ practice. Judges in Hong Kong, like judges in similar adversarial system, essentially act like an umpire in a sports match. (4) it is a profession that adheres to the “cab-rank rule”. Chambers is located at Room 418, Tower 2, Lippo Centre, directly opposite the High Court of Hong Kong. Our Hong Kong publications have been cited with authority in hundreds of court cases in the Hong Kong Court of First Instance, Court of Appeal and Court of Final Appeal. There were 89 pupil barristers of whom 53 were male and 36 female. L (Hons) Captain Lee, Fook … The work done by the solicitors will not be repeated by the barristers and vice versa. Tim was admitted as a barrister in Hong Kong in 2009. Barristers in Hong Kong Law firms / By HK Law The Hong Kong Bar Association publishes the Bar List for the purpose of facilitating the public and members to identify practicing local barristers and barristers’ chambers registered with the Hong Kong Bar Association. Only solicitors who passed the assessment by the Higher Rights of Audience Assessment Board can represent their clients in the higher courts (the Court First Instance, the Court of Appeal and the Court of Final Appeal). Countless numbers of barristers turn first to our cases or commentary, secure in the knowledge that our titles are authoritative and respected in all levels of the court. The Landmark, Central. By focusing on litigation work and by attending court hearings on a frequent basis, barristers continuously sharpen their advocacy skills. Chambers of Ronny Wong SC.

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