2022 OLQE Entire Package

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THE

AWSOCIETY
OFHONG KONG

Ea

ADMISSION AS A SOLICITOR IN HONG KONG


FOR OVERSEAS LAWYERS

MI)41kI S) 1YA I(I)IJiXIJ CfXI1

4 February 2022

The Law Society of Hong Kong


Yd Floor, Wing On House
71 Des Voeux Road Central
Hong Kong
DX-009100 Central 1
Email: [email protected]
Tel:(852)2805 9103
Fax:(852)2845 0387
Website: www.hklawsoc.org.hk
Office Hours: 9:00 a.m. 5:45 p.m., Monday to Friday
-

This Package is in PDFformat. Applicants can download the Package as a whole or any section ofit
from the website ofThe Law Society ofHong Kong.
PART I
- OVERSEAS LAWYERS QUALIFICATION EXAMINATION

A. Routes to admission for overseas lawyers...........................................................................2

B. List of common law I non-common law jurisdictions........................................................3

1. Examples of common law jurisdictions.......................................................................3


2. Examples of non-common law jurisdictions ...............................................................3

C. Overseas Lawyers Qualification Examination Information.............................................4

1. Requirements for post-admission experience..............................................................4


2. Application Form.........................................................................................................4
3. Examination dates for 2022.........................................................................................6
4. Applications for exemption from sitting all or part ofthe Examination .....................6
5. Certificates ................................................................................................................... 6
6. A review of the Law Society's decision under Rule 3(2)............................................7
7. Procedure for registration to sit the 2022 Examination...............................................7
8. Supplementary Information Package...........................................................................8
9. Past Examination papers..............................................................................................8
10. Examination standard ..................................................................................................8
11. Access to the High Court Library and the members' zone ofthe
Law Society website....................................................................................................8
12. Preparation for the Examination..................................................................................9
13. Withdrawal from sitting the Examination .................................................................10
14. Absence from the Examination..................................................................................11
15. Format of Heads I, II, III and VI test papers for the 2022 Examination....................11
16. Format of the Accounts and Professional Conduct Head for the
2022 Examination......................................................................................................11
17. Proficiency in the use of English language................................................................11
18. Examination materials ...............................................................................................11
19. Computers / calculators, mobile phones etc. ............................................................. 12
20. Phototaking, Audio or Video Recording ...................................................................12
21. Candidates with disabilities.......................................................................................12
22. Marking Procedures...................................................................................................12
23. Examination results....................................................................................................13
24. Application for review...............................................................................................13
25. Copies of scripts, records of examiners' comments, videotapes, question books.....14
26. Applications to resit the Examination........................................................................14

D. Overseas Lawyers Qualification Examination Procedures.............................................16

1. Topics........................................................................................................ 16
2. Pass in the Examination.......................................... 16
3. Marks Required to Pass a Written Head................. 16
4. Eligibility to sit the Oral Head................................ 16
5. Assessment of Competence in the Oral Head......... 17
6. Resitting of Written and Oral Heads....................... 17
7. The English Language............................................ 17

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8. Dates of the Examination 17
9. Entry for the Examination..........................................................................................18
10. Examination Fees....................................................................................................... 18
11. Reference Materials in the Examination....................................................................18
12. Instructions to Candidates..........................................................................................18
13. Disqualification..........................................................................................................18
14. Absence from the Examination..................................................................................18
15. Waivers......................................................................................................................18

E. Timetable of the deadlines for the


2022 Overseas Lawyers Qualification Examination........................................................19

F. Guidelines for exemption from sitting all or parts of the


Overseas Lawyers Qualification Examination.................................................................20

1. Applicants admitted in common law jurisdictions ....................................................21


2. Applicants admitted in non-common law jurisdictions.............................................27

G. Form A ................................................................................................................................. 29

H. Sample Section 3(2) Certificate..........................................................................................47

I. Sample Statutory Declaration............................................................................................48

PART II— ADMISSION

J. Procedure for admission after passing the


Overseas Lawyers Qualification Examination.................................................................51

1. Legislation .................................................................................................................51
2. Application for Certificate of Eligibility for Admission(Form 3)............................51
3. Certificate of Eligibility for Admission.....................................................................52
4. Motion Papers ............................................................................................................ 53

K. Forms ...................................................................................................................................55

1. Form iC ..................................................................................................................... 55
2. Form 5........................................................................................................................60
3. Sample Form3........................................................................................................... 63
4. Sample Notice of motion...........................................................................................65
5. Notice ofintention to apply for a practising certificate ............................................. 67

PART III - APPENDICES

Appendix I - Overseas Lawyers (Qualification for Admission) Rules.........................72


Appendix II - Overseas Lawyers (Qualification for Admission)(Fees) Rules..............82
Appendix III - Admission and Registration Rules ..........................................................83
Appendix IV - Practising Certificate (Special Conditions) Rules.................................113
Appendix V - Circular 10-66 relating to:-
(1) Guidelines for imposition ofsupervision condition for

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Foreign Lawyers with less than 2 years of post-qualification
experience
(2) Guidelines for reduction ofthe requirement of a period of
2 years of post-qualification experience in the full-time
practice offoreign law under rule 5(3)(a) ofthe Foreign
Lawyers Registration Rules
(3) Guidelines for removal of supervision condition from the
certificate of registration as a Foreign Lawyer......................125

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A. ROUTES TO ADMISSION FOR OVERSEAS LAWYERS


I COMMON LAW I I NON-COMMON LAW

(1) Are you entitled to practise the law of an (1) Are you entitled to practise the law of an
overseas jurisdiction? overseas jurisdiction?
(2) Do you have at least 2 years of post- (2) Do you have at least 5 years of experience in
admission experience in the practice of law, the practice oflaw of that jurisdiction?
including any period of traineeship (or (3) Are you in good standing in that jurisdiction
practical legal training in lieu of (plus any other in which you are admitted)?
traineeship)?
(3) Are you in good standing in that jurisdiction
(plus any other in which you are admitted)?

Yes I I Yes to (1),(2)&(3)

No to (2): Have you satisfied


rule 5(2) of the Overseas
Lawyers (Qualification for
Admission)Rules?

Have you passed all Heads of the Overseas Lawyers Qualification


Examination you are required to sit?

I No I Yes I I Yes I I Yes l I No

Have You:
• resided in Hong Kong for at least 3 months immediately before the date of your
application for a certificate of eligibility for admission; or
• the intention to reside in Hong Kong for at least 3 months immediately after your
admission; or
• ordinarily been resident in Hong Kong for at least 7 years at the time of your
admission; or
• been present in Hong Kong for at least 180 days of each of at least 7 years?

I Yes

You are eligible to apply for admission as a solicitor in Hong Kong

You are not eligible to apply for admission as a solicitor in Hong Kong as an overseas lawyer
The Law Society ofHong Kong

B. LIST OF COMMON LAW / NON-COMMON LAW JURISDICTIONS


1. The following jurisdictions will be regarded as examples of COMMON LAW
JURISDICTIONS for the purpose of the Overseas Lawyers (Qualification for
Admission) Rules:
Anguilla Malaysia
Antigua and Barbuda Montserrat
Australian states and territories New Zealand
Bahamas Nigeria
Bangladesh Northern Ireland
Barbados Pakistan
Belize Papua New Guinea
Bermuda Republic of Ireland
British Virgin Islands Scotland
Burma Sierra Leone
Canadian provinces (except Quebec) Singapore
Cayman Islands Solomon Islands
Cook Islands Republic of South Africa
Cyprus Sri Lanka
England and Wales St Kitts-Nevis
Fiji St Vincent & the Grenadines
The Gambia Sudan
Ghana Tanzania
Gibraltar Tonga
Guyana Trinidad & Tobago
India Turks & Caicos Islands
Isle of Man Uganda
Israel United States of America (except Louisiana)
Jamaica Western Samoa
Kenya Zambia
Liberia Zimbabwe
Malawi

2. The following jurisdictions will be regarded as examples of NON-COMMON LAW


JURISDICTIONS for the purpose of the Overseas Lawyers (Qualification for
Admission) Rules:
Austria Mongolia
Belgium Nepal
Brazil Netherlands
Canadian province(Quebec) Philippines
France Portugal
Germany Russia
Indonesia Sweden
Italy Switzerland
Japan Taiwan
Korea Thailand
Macau Ukraine
Mainland PRC United States of America (Louisiana)
Mexico Vietnam

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C. OVERSEAS LAWYERS QUALIFICATION EXAMINATION


INFORMATION

The Rules, procedures and guidelines contained in this Package represent the Law
Society's endeavour to respond honourably to its responsibilities under the General
Agreement on Trade in Services in order to create a level playing field in the
admission of overseas lawyers as solicitors in Hong Kong.

1. Requirements for post-admission experience

If you are admitted in a common law jurisdiction, you must satisfy the Law Society that
you have at least two years of post-admission experience in the practice of the law of
your jurisdiction of admission (including any period credited in respect of trainee
solicitor training or equivalent) in order to be eligible to sit the Examination. The post-
admission experience in the practice of the law of your jurisdiction of admission can
include any period credited in respect of trainee solicitor training or articled clerkship or
where there is no statutory requirement for you to gain admission through trainee
solicitor training or articled clerkship in your jurisdiction of admission, experience
gained during a practical legal training course which is the statutory requirement in lieu
of such trainee solicitor training or articled clerkship. Please see rule 4(2)(b) of the
Overseas Lawyers (Qualification for Admission) Rules on page 75. This requirement can
be satisfied by working as a qualified lawyer in your home jurisdiction, or as a registered
foreign lawyer in Hong Kong.

If you are admitted in a non-common law jurisdiction, you must satisfy the Law Society
that you have had not less than 5 years of experience in the practice of the law of the
jurisdiction of your admission in order to be eligible to sit the Examination. Please see
rule 5(1) ofthe Overseas Lawyers (Qualification for Admission) Rules on page 76.

Rule 8 of the Overseas Lawyers (Qualification for Admission) Rules provides that if an
applicant was admitted in more than one jurisdiction, he or she may elect any one of
those jurisdictions as his or her jurisdiction of admission for the purpose of the Rules. If
you are admitted in both common law and non-common law jurisdictions, and you elect
the common law jurisdiction as your jurisdiction of admission for the purpose of the
Examination, you must demonstrate to the satisfaction of the Law Society that you have
had at least 2 years' experience in the practice of the law of such common law
jurisdiction to be eligible to apply.

Applicants must demonstrate that they have already gained the necessary experience at
the time when they submit their applications. No prospective application will be accepted.

Please refer to the meaning of "experience in the practice oflaw" on pages 23-25.

2. Application Form

In order to qualify to sit or be exempt from sitting the Examination, you must complete
the Overseas Lawyers Qualification Examination Application Form (Form A)and submit

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it to the Department of Standards and Development with all necessary documentation.


The fee for having your application processed is HK$3,300.00, which is non-refundable.

Please note that there is a further fee payable on registration to sit the Examination, as
provided in the Overseas Lawyers (Qualification for Admission)(Fees) Rules.

Payment of the requisite fee can be made by cheque or by bank draft payable to 'The
Law Society of Hong Kong" or by telegraphic transfer to the following account of the
Law Society:

beneficiary name - The Law Society of Hong Kong


beneficiary bank - The Hongkong and Shanghai Banking
Corporation Limited(HSBC)
beneficiary bank address - 1 Queen's Road Central, Central, Hong Kong
swift code (for overseas transfer) - HSBCHKHHHKH
account no. - 583009055001

If you wish to pay by telegraphic transfer, please inform the Law Society in advance and
please note that you shall bear all bank charges including the Law Society's bank charges
payable for the telegraphic transfer.

The closing date for receipt of application forms (Form A) for applicants except
those who are applying for a resit of any Head(s) of the 2021 Examination in the
2022 Examination is FRIDAY, 18 MARCH 2022. All information and documents in
support of the application to sit the 2022 Examination and/or all infonnation and
documents in support of the application for exemption should be provided with the Form
A by 18 March 2022. If for good reason(s), the information and supporting documents
are not provided by 18 March 2022, they must be provided by Friday, 29 April 2022.

For applicants who are applying for a resit of any Head(s) of the 2021 Examination
in the 2022 Examination, the closing date for the receipt of Form A is FRIDAY, 29
APRIL 2022. All information and documents in support of the application to resit and/or
all information and documents in support of the application for exemption must be
provided with the Form A by 29 April 2022.

Exceptions to submission of supporting documents within the stipulated deadlines

For all applicants, no further supporting documents will generally be accepted after 29
April 2022 save for those:

(a) which are not specified in the Overseas Lawyers (Qualification for Admission)
Rules and/or this Information Package and are pertinent to the particular
application and are specifically requested by the Law Society; or

(b) documents which you could prove to the satisfaction of the Law Society that you
have applied for prior to 29 April 2022.

For an applicant who is not one of those applying for a resit of any Head(s) of the 2021
Examination in the 2022 Examination, if the applicant fails to provide all documents in
support of an application for exemption by 29 April 2022 but has submitted the Form A
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by 18 March 2022, the applicant may not be eligible to apply for any exemption but may
be eligible to sit the 2022 Examination.

For an applicant who is applying for a resit of any Head(s) of the 2021 Examination in
the 2022 Examination, if the applicant fails to provide all documents in support of an
application for exemption by 29 April 2022 but has submitted the Form A by 29 April
2022, the applicant may not be eligible to apply for any exemption but may be eligible to
resit the 2022 Examination.

Enquiries relating to applications to sit or be exempt from the Examination should be


directed to the Assistant Director, Regulation and Guidance at [email protected]
or telephone no. 2805 9103.

You are strongly advised to submit your application as early as possible and avoid
leaving the submission of your application until the closing date.

3. Examination dates for 2022

Tuesday, 25 October 2022 Head I Conveyancing


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Thursday, 3 November 2022 Head II— Civil and Criminal Procedure

Tuesday, 15 November 2022 Head III Commercial and Company Law


-

Wednesday,9 November 2022 Head IV Accounts and Professional Conduct


-

Tuesday, 31 January 2023 Head V Principles ofCommon Law


-

Tuesday, 1 November 2022 Head VI— Hong Kong Constitutional Law

4 Applications for exemption from sitting all or part of the Examination

This Inforrriation Package contains Guidelines for applications for exemption from sitting
all or part of the Examination (see page 20). Please refer to these Guidelines as to
whether you are eligible to seek an exemption from any Head of the Examination. All
relevant documentation in support of the application should be provided when your
application is submitted.

You are again strongly advised to submit your application as early as possible so that you
will be notified of the outcome of your application in time for planning any revision for
the Examination.

5. Certificates

If you meet the criteria for exemption from sitting all Heads of the Examination or are
exempted from sitting all Heads, you will be issued a Certificate of Exemption from
Sitting the Examination and may proceed with the next stage of the admission procedure.
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Unless the Law Society otherwise determines, a Certificate of Exemption shall be valid
for a period of 12 months from the date of its issue.

If you are eligible to sit the Examination, you will be issued a Certificate under Rule 3(2)
of the Overseas Lawyers (Qualification for Admission) Rules ("Section 3(2) Certificate")
stating the Heads of the Examination which you will be required to sit. If you have
applied for exemption from any Head you will be advised in writing whether you have
been granted an exemption from that Head. This Certificate is valid for 12 months
(unless revoked earlier by the Law Society) from the date ofissue.

6. A review of the Law Society's decision under Rule 3(2)

Rule 9 of the Overseas Lawyers (Qualification for Admission) Rules provides that an
applicant may ask for his application to be reviewed by the Law Society within one
month of receiving notification from the Law Society of its decision and upon payment
of the fee of HK$1,500.00 (see the details of the payment methods in paragraph 2 of this
Section). You will have one opportunity to have your application reviewed and the time
limit specified in the Rules wiifbe strictly followed. A review will be determined on the
basis of and only of the information previously provided to the OLQE Eligibility and
Exemption Committee. You should therefore ensure that all documents are placed before
the OLQE Eligibility and Exemption Committee within the specified time limits in
paragraph 2 of this Section.

You may apply to the Court of First Instance of the High Court for review of the Law
Society's decision within 3 months ofreceiving notification from the Law Society.

7. Procedure for registration to sit the 2022 Examination

In order to register to sit the Examination, you must provide the Department of Standards
and Development with a letter indicating your intention to sit the Heads of the
Examination specified in your Section 3(2) Certificate and the requisite fee as provided
in the Overseas Lawyers (Qualification for Admission)(Fees) Rules. It is advisable for
you to pay the registration fee by cheque, bank draft, cashier order or telegraphic transfer
(see the details of the payment methods in paragraph 2 of this Section). The Law Society
does not accept any cash payment in excess of HK$7,000.00. You will be issued with a
Candidate Slip prior to the Examination date advising your Candidate Number, the time
and venue for each Head of the Examination.

The closing date for registration to sit the 2022 Examination is Wednesday., 31
August 2022.

If you are awaiting the outcome of an application for review with respect to exemption
from any Head of the Examination at the time of the closing date, you may register upon
receipt of the Law Society's determination provided you do so immediately.

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8. Supplementary Information Package

A Supplementary Information Package containing -

• the standards, syllabi and reading lists for the different Heads
• Examiners' comments
• past Examination papers
• Guidance Notes on Examination Techniques
will be available on the Law Society website.

9. Past Examination papers

Examination papers for the 1995 to 2020 Examinations are posted on the Law Society
website. Examination papers for the 2021 Examination will be posted on the website in
due course. Any past Examination paper is for guidance only. It should not be assumed
that the format in subsequent Examinations will be identical.

10. Examination standard

The test papers for each Head of the Examination are set at the standard expected of a
newly qualified solicitor in Hong Kong who has completed a law degree (or its
equivalent), the professional training course (PCLL) and a two-year traineeship prior to
admission. An examiner is entitled to expect a newly qualified solicitor to have a good
working knowledge and understanding of the subject and to demonstrate the ability to
apply that knowledge and understanding correctly, and in a manner appropriate to
everyday legal practice. There is no bell curve used for marking of the scripts.

11. Access to the High Court Library and the members' zone of the Law Society
website

(a) Candidates for the 2022 Overseas Lawyers Qualification Examination have been
granted permission to use the High Court Library. Upon arrival at the entrance of
the library, candidates will be requested to produce their Section 3(2) Certificates
to identify themselves to the library staff.

The address of the High Court Library is 1/F, High Block, Queensway
Government Offices, 66 Queensway, Hong Kong.

Enquiries relating to the High Court Library should be directed to its Service
Counter at telephone no.(852)2867 2400.

(b) Candidates for the 2022 Examination will be given access to the members' zone
of the Law Society website at www.hklawsoc.org.hk by the allocation of a
password to each of the candidates upon acceptance by the Law Society of their
application to sit the 2022 Examination.
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With the password, a candidate can then gain access, for a period until the end of
the 2022 Examination, to the Law Society Circulars under the section "Circulars"
in the members' zone of the Law Society website.

The Law Society is aware that preparatory courses had been provided in the past
by the following course providers:

IP Learning (website address: http://ip-learning.com)


LexOmnibus (website address: hltp://www.lexol-nnibus.com/;
http://www.olge.com)
Paul Kent Legal Training (website address: http://www.pskent.com)

Candidates are advised to contact the preparatory course providers directly to


check if they are providing any courses for the forthcoming 2022 Overseas
Lawyers Qualification Examination. The Law Society does not endorse nor
accredit any of the courses.

12. Preparation for the Examination

The Examination will test candidates on the relevant law including legislation which has
been enacted and is effective by 31 August 2022, excluding those pieces of legislation
which have not been enacted and those which have been enacted but are not effective on
31 August 2022.

Preparation for the Examination by candidates should be carried out by way of self study
and research in accordance with the syllabi and reading lists set out in the Supplementary
Information Package and taking into account the standards established by the Law
Society in relation to each Head of the Examination.

Candidates are advised that some subjects of the Examination are more difficult to pass
because the requirements of the law in these areas are particularly unique to Hong Kong
(for example, Head I Conveyancing and Head II Civil and Criminal Procedure) and a
lengthier study period may be required.

Candidates are reminded that practicality should be an important consideration when


they answer the questions in the Examination. They are expected to approach the issues
from a practical perspective.

The Law Society has an obligation towards members of the public. For that purpose, the
Hong Kong Solicitors' Guide to Professional Conduct, Volume 1 ('Guide') has been
issued to protect public interests and to maintain the integrity of the profession. The
Guide may vary from and may be higher than the standards of the rules of conduct of
other jurisdictions. Candidates are required to study the Guide and the Principles in the
Guide carefully.

To assist the candidates in preparing for the Examination, the Law Society has produced
some guidance notes on examination techniques. The guidance notes will be included in
the Supplementary Information Packages which are available on the Law Society website.
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13. Withdrawal from sitting the Examination

(a) After the issuance of a Section 3(2) Certificate but before registration

If you find that you are unable to take the Examination after you have been issued
a Section 3(2) Certificate but before you have registered your intention to sit the
Examination, you may apply by letter, before the expiry of the Section 3(2)
Certificate, for an extension of its validity period to enable you to take the next
sitting. The application fee is HK$750.00 (see the details of the payment methods
in paragraph 2 of this Section).

You will be required to demonstrate good reason as to why you were unable to sit
the Examination.

You must have a valid Section 3(2) Certificate in order to sit the Examination. If
an extension to the Section 3(2) Certificate is necessary but has not been granted,
you will be required to submit a fresh Form A and the prescribed application fee
to enable you to take the next sitting ofthe Examination.

Any extension granted will be subject to the condition that a fresh Certificate of
Good Standing from your jurisdiction of admission is submitted to the Law
Society prior to registration to sit the Examination.

Candidates may be granted a maximum of 3 extensions of their Section 3(2)


Certificates.

(b) After the issuance of a Section 3(2) Certificate and registration

If you find that you are unable to take the Examination after you have registered
to do so and have paid the requisite fee, you should, prior to the date of
commencement of the Examination, notify in writing the Law Society of your
intention to withdraw and specify the reasons for doing so to avoid being deemed
to have failed the Examination.

Withdrawal from sitting the Examination refers to withdrawal from sitting all
Heads of the Examination as stated on the Section 3(2) Certificate, which you are
required to sit. Withdrawal from sitting selective Heads is not allowed.

If you intend to take the next sitting of the Examination, you may apply, in
accordance with sub-paragraph (a) above, for an extension of the validity period
ofthe Section 3(2) Certificate, to enable you to take the next sitting.

If you wish to apply for a refund of the registration fee, you should submit the
written notification of your intention to withdraw, with reasons, together with an
application for a refund of the registration fee not less than 14 days before the
commencement date of the Examination (on or before 11 October 2022). The
Law Society has the discretion to allow, in appropriate cases, a refund of the
registration fee after deduction of an administration fee determined by the Law
Society.

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14. Absence from the Examination

Any candidate who fails to attend the sitting of any Head of the Examination after
registering to sit the Examination will be deemed to have failed that Head.

15. Format of Heads I, II, III and VI test papers for the 2022 Examination

Candidates should note that the test papers for the written Heads I, II, III and VI will be
of 3'
/2 hours duration with no specific time allocated to reading and writing.

16. Format of the Accounts and Professional Conduct Head for the 2022 Examination

Candidates should note that the test paper for Head IV on Accounts and Professional
Conduct will be divided into two parts: Part A is concerned with accounts issues and
comprises one question carrying 25 marks. Part B is concerned with professional conduct
issues and comprises 3 questions carrying 25 marks each. Each question in both Parts
must be answered.

A pass in both parts must be achieved in one sitting in order to pass the test paper.

Part A on Accounts is 1 hour 30 minutes in duration (from 10:00 a.m. to 11:30 a.m.) and
Part B on Professional Conduct is 2 hours 45 minutes in duration (from 12:45 p.m. to
3:30 p.m.).

Those candidates who are absent from Part A will be disallowed from taking Part B of
Head IV.

17. Proficiency in the use of English language

The Council of the Law Society has detennined, in principle, that the necessary
legislation should be amended to include the achievement of a standard of English at the
level of a grade T!BH in the Use of English Examination (UEE) or 600 on the Test of
English as a Foreign Language(TOEFL) or IELTS equivalent as a requirement for entry
into a trainee solicitor contract in Hong Kong and for overseas lawyers seeking
admission as a solicitor in Hong Kong.

Notice is therefore given that a minimum English standard requirement may be required
of Examination candidates at some time in the future.

18. Examination materials

As the Examination is one of aptitude rather than memory, the five written Heads of the
Examination will be tested on an open book basis. Candidates will be permitted to
bring into the Examination any book, document or other written material.

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19. Computers I calculators, mobile phones etc.

You may bring and use a silent and non-programmable calculator in the Examination.
You are strongly advised not to bring any computer or electronic / communication
devices (e.g. tablet or laptop computer, i-watches, smart watches, PDA, mobile phones,
pagers, ear phones, ear pieces) into the Examination. If you have brought along any of
such devices, you must turn it off(including the alarm function) and put it under your
seat in a position clearly visible to the invigilators. Failure to do so may result in
disqualification.

20. Phototaking, Audio or Video Recording

You are not allowed to take photographs, audio or video recording inside the
examination centre at any time. Any photographs or recordings taken must be
surrendered to the Chief Invigilator for immediate disposal or deletion. Such incident
will be reported to the Law Society for further investigation.

21. Candidates with disabilities

Any candidate who suffers from a disability necessitating special requirements to sit the
Examination should make an application in writing addressed to the Director of
Standards and Development not less than one month prior to the commencement date of
the Examination (on or before 23 September 2022):

advising the nature of the disability and its effect in relation to ability to sit the
Examination;
including a medical report / certificate in support; and
specifying the special requirements requested.

The application will be considered by the Overseas Lawyers Qualification Examination


Committee.

A candidate is required to provide reason(s) for any application made after the deadline
of 23 September 2022. The Law Society reserves the right not to consider any late
applications.

22. Marking Procedures

All Written Heads of the Examination will be marked anonymously. Every script will be
marked by a first examiner. A second examiner will mark every script for which the first
examiner has given a mark below 52 and a representative selection of other papers
intended to convey an impression of the general standard in the Examination. The Chief
Examiners will be provided with such scripts for each Written Head to ensure that there
is consistency in marking amongst examiners of the same Head, and that there is
consistency in marking amongst examiners of different Heads. In particular, the Chief
Examiners will:

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(i) mark all scripts which the examiners were unable to agree upon a final mark; and
(ii) review a representative selection of other scripts to convey an impression of the
general standard in the examination.

In relation to subparagraph (ii), where any of the Co-Chief Examiners disagree with the
marks of the scripts, the Co-Chief Examiner will return the scripts to the relevant Panel
Convenor(s) and Examiners with comments for their reconsideration and re-marking.

23. Examination results

Every effort will be made to release the Examination results as soon as possible
following the Examination. A provisional date for the release of the results is10 March
2023.

Result slips will be sent by e-mail to the e-mail correspondence address provided by the
candidates followed by hard copies to be sent by regular post or air mail. Candidates are
advised to ensure that they submit up-to-date e-mail and correspondence addresses to
ensure timely notification of results.

24. Application for review

A candidate may apply for a review of his script(s) by the Chief Examiners. An
application for review shall be made in writing (addressed to the Director of Standards
and Development) within 4 weeks from the date of the Law Society's e-mail notifying
the candidate the result of the Examination, together with:

(i) a written submission giving the brief grounds for review consisting of a document
of no more than one A4 size page with 1-inch margins all around the page,
double-spaced and Times New Roman 14-point font; and
(ii) a fee of HK$3,000.00 per Head by cheque or by bank draft made out to The Law
Society of Hong Kong".

A candidate who wishes to apply for a review of his examination result should apply for
copies of the examination question books, his scripts and the records of examiners'
comment in respect of the Examination after the release of the Examination results but
prior to making an application for review and written submission giving the grounds for
review to ensure all grounds for review are included in the application and/or submission
and that they are submitted within the deadline of 4 weeks from the date of notification
of examination result specified in this paragraph.

Copies of examination question books, the candidate's scripts and the records of
examiners' comment will be provided to the candidate subject to the payment of
photocopying charges specified in paragraph 25.

Any written submission consisting of more than one A4 size page (1-inch margins all
around the page), double-spaced and Times New Roman 14-point font will not be
considered and the fee of HK$3,000.00 will not be refunded. A candidate may submit
another written submission which complies with the requirements in subparagraph (i)

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The Law Society ofHong Kong

provided the amended submission is made within the deadline of 4 weeks from the date
of notification of examination result specified in this paragraph.

No additional grounds for review or particulars of grounds already submitted or amended


submission can be made by the candidate after the deadline except with the consent of
the Chief Examiners.

The review process includes:

(a) a check of the candidates' script(s) to ensure that all the questions answered have
been marked and the marks have been recorded accurately and computed
correctly and;
(b) a review by the Chief Examiners of the marking procedure ofthe script(s).

In considering whether to apply for a review, candidates are reminded a review is not a
re-marking ofthe script(s) and that in accordance with paragraph 22 above, all fail scripts
had been marked twice by Examiners before the results were released.

If the review is successful for a Head, the review fee for the particular Head will be
refunded.

25. Copies of scripts, records of examiners' comments, videotapes, question books

Regardless of whether a candidate is applying for a review pursuant to paragraph 24, a


candidate may request for copies of the examination question books, his scripts and the
records of examiners' comments on his scripts in respect of the written Heads of the
Examination, and copies of the examination question books, videotape and records of
examiners' comment in respect of the oral examination in Head V of the Examination
after the release of the Examination results, subject to the payment of the copying
charges at HK$300.00 per script, HK$50.00 per each Head of the records of examiners'
comment, HK$1.00 per page per examination question book, and charges for dubbing the
videotape at HK$300.00 per tape. The scripts, videotapes and the records of examiners'
comments will be destroyed one year after the date of the release of the Examination
results. A candidate may therefore only request for copies of the scripts, videotapes, and
the records of examiners' comments with respect to the latest Examination.

26. Applications to resit the Examination

Candidates who fail the 2022 Examination will, subject to the provisions of the
Examination Procedures, be able to resit the subjects for which they did not receive a
pass in addition to any subject(s) required in accordance with the then applicable rules
and guidelines at the next normal sitting which will be one year later.

To resit the Examination, candidates are required to submit:

(i) afresh Form A;


(ii) original Certificate(s) of Good Standing from their jurisdiction(s) of admission,
the date of their issue is not more than 4 months old when such Certificate(s) of

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The Law Society ofHong Kong

Good Standing or the fresh Form A is received by the Law Society (whichever
date of receipt is later);
(iii) (if you have changed your passport or your Hong Kong identity card after you
last submitted a certified copy of it to the Law Society) a certified copy of your
new passport or your new Hong Kong identity card;
(iv) (if your name appears in different versions in the supporting document(s)
submitted by you in support of your application to resit), a statutory declaration
confirming that the supporting documents refer to and relate to you. A sample
statutory declaration is set out on page 48 (see paragraph J on page 32 for the
meaning of different versions of name); and
(v) the relevant fees.

(See page 36 on the question of whether an electronic Certificate of Good Standing will
be accepted by the Law Society in processing applications to sit or resit or to be exempt
from sitting all or part of the Examination.)

Documents which will be relied on in the fresh application and were submitted before
need not be re-submitted.

Candidates should submit the fresh application and related documents for resit as soon as
possible. It is unnecessary to wait for the result of the application for review before a
candidate submits the application for resit. If the application for review is successful, the
application fee for resit will be refunded to the candidate.

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The Law Society ofHong Kong

D. OVERSEAS LAWYERS QUALIFICATION EXAMINATION


PROCEDURES

1. Topics

(a) The Written Heads shall consist of the following five Heads. Each will be tested
by way of one written paper for each Head:-

Head I Conveyancing
-

Head II Civil and Criminal Procedure


-

Head III Commercial and Company Law


-

Head IV Accounts and Professional Conduct


-

Head VI Hong Kong Constitutional Law


-

(b) The Oral Head shall consist of Head V which shall be an oral test on the
Principles of Common Law.

2. Pass in the Examination

In order to pass the Examination, a candidate is required to sit and pass all Heads
specified in the Section 3(2) Certificate. A candidate is not entitled to elect to sit one or
more Heads in one year and sit the remaining Heads in following years. However, a
candidate may retake those Heads which he or she did not pass in following years and is
not required to retake the Heads which he or she has already passed.

3. Marks Required to Pass a Written Head

(a) The performance of a candidate in each Written Head shall be assessed out of a
maximum of 100 marks.

(b) In order to pass a Written Head a candidate must obtain not less than 50 marks in
that Head.

4. Eligibility to sit the Oral Head

(a) Subject only to (b) below, in order to sit the Oral Head a candidate must have
passed each Written Head specified in the Section 3(2) Certificate.

(b) A candidate may also sit the Oral Head if that candidate is not required to pass
any Written Head.

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The Law Society ofHong Kong

(c) If any candidate who has sat one or more Written Heads is ineligible, as a result
of the marks obtained in that or those Written Head or Heads, to sit the Oral Head,
the Law Society will notify that candidate in writing of his ineligibility.

(d) The Law Society will send out, not less than 23 days prior to the date for the
sitting of the Oral Head, a letter of notification addressed to the candidate at the
address provided by the candidate on his or her eligibility or ineligibility as the
case may be to sit the Oral Head.

5. Assessment of Competence in the Oral Head

(a) A candidate shall either pass or fail the Oral Head.

(b) A candidate cannot sit the Oral Head unless that candidate has passed, or is
deemed to have passed, every Written Head specified in the Section 3(2)
Certificate.

6. Resitting of Written and Oral Heads

There is no restriction on the number of resitting. Those candidates who were previously
barred from sitting the Examination because of the restriction on the number of resitting
may apply to resit the Examination.

Candidates are entitled to carry over the pass(es) in the Head(s) that they attained in
previous Examinations. They are required to re-sit the Head(s) that they failed in
previous Examinations.

Resits will be held at the next regular sitting of the Examination. There will be no special
sittings scheduled for candidates wishing to resit any Heads.

7. The English Language

(a) The Written Heads and the Oral Head shall be set or conducted (as the case may
be)in the English language and must be answered in that language.

(b) A candidate who fails to satisfy the Law Society that he or she possesses such
knowledge of the English language as is necessary for the pursuit of the
profession of solicitors in Hong Kong shall not pass the Head.

8. Dates of the Examination

The Written and Oral Heads shall be tested once each year on such dates and in such
place or places as the Law Society shall from time to time decide.

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The Law Society ofHong Kong

9. Entry for the Examination

A candidate wishing to sit the Examination shall apply to the Law Society in such
manner and by such date as the Law Society shall specify.

10. Examination Fees

(a) The fees for sitting the Examination or any part or parts thereof shall be as
prescribed from time to time by the Council of the Law Society (pursuant to
Section 73(1)(da) ofthe Legal Practitioners Ordinance Cap. 159).

(b) A candidate who is ineligible to sit the Oral Head shall not be entitled to any
reimbursement of fees for that reason.

11. Reference Materials in the Examination

A candidate may take into the Written Heads any book, document or other written
material.

12. Instructions to Candidates

Candidates for the Examination will be required to comply with such instructions as the
Law Society shall publish from time to time.

13. Disqualification

The Law Society may disqualify any candidate who fails to comply with the instructions
to candidates published by the Law Society from time to time, or whom the Law Society
considers has attempted to influence an Examiner. Sanctions may be imposed upon
candidates in the event of any misconduct relating to the Examination.

14. Absence from the Examination

Any candidate who fails to attend the sitting of any Head of the Examination after
registering to sit the Examination will be deemed to have failed that Head.

15. Waivers

The Council of the Law Society has the power to waive any of these procedures upon
application and payment of an application fee of HK$1,500.00.

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The Law Society ofHong Kong

E. TIMETABLE OF THE DEADLINES FOR THE 2022 OVERSEAS


LAWYERS QUALIFICATION EXAMINATION:

Opening date for lodging application to sit Friday, 4 February 2022

Closing date for applicants for lodging the Friday, 18 March 2022
application to sit the 2022 Examination except for
those applicants applying for a resit of any Head(s)
ofthe 2021 Examination in the 2022 Examination

Closing date for lodging the application to sit the Friday, 29 April 2022
2022 Examination for those applicants who are
applying for a resit of any Head(s) of the 2021
Examination in the 2022 Examination

Closing date for registration to sit Wednesday, 31 August 2022

Issue of candidate slips Friday, 23 September 2022

Last day to advise on disability Friday, 23 September 2022

Last day to withdraw from the Examination to be Tuesday, 11 October 2022


eligible for a partial refund of registration fee

Head I Examination Tuesday, 25 October 2022

Head VI Examination Tuesday, 1 November 2022

Head II Examination Thursday, 3 November 2022

Head IV Examination Wednesday,9 November 2022

Head III Examination Tuesday, 15 November 2022

Head V Examination Tuesday, 31 January 2023

Provisional date for the release of results Friday, 10 March 2023

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The Law Society ofHong Kong

F. GUIDELINES FOR EXEMPTION FROM SITTING ALL OR PARTS


OF THE OVERSEAS LAWYERS QUALIFICATION EXAMINATION

These Guidelines set out the current general principles that will be followed by the Law
Society when considering applications to be exempt from sitting all or part of the
Examination, and will be reviewed from time to time.

It is the responsibility of the applicants to comply with these Guidelines and the
deadlines in Section E. Reasons will not be given to the applicants whose applications
fail to comply with the guidelines and/or deadlines.

Applicants must satisfy a high standard in order to be granted exemption. If an applicant


fails a particular Head, such failure will be taken into account by the Law Society in the
event that the applicant subsequently applies for an exemption from sitting that particular
Head.

Applicants admitted to practise in common law jurisdictions are not required to sit
Head V upon proof to the satisfaction of the Law Society that they have had at least 2
years' experience in the practice of law of such common law jurisdictions.

(a) with 5 or more years of experience in the practice of law

Only those applicants who are able to demonstrate to the Law Society's
satisfaction that they have 5 or more years of experience in the practice of law of
the common law jurisdictions are eligible to apply for exemption or be exempted
from sitting any of the five written Heads ofthe Examination.

(b) with less than 5 years of experience in the practice of law

Applicants who do not satisfy the 5 year experience requirement will be required
to sit the five written Heads of the Examination:
Head I Conveyancing
Head II Civil and Criminal Procedure
Head III Commercial and Company Law
Head IV Accounts and Professional Conduct
Head VI Hong Kong Constitutional Law

and are NOT eligible to apply for exemption from any Head.

Applicants admitted to practise in non-common law, jurisdictions

(a) with 5 or more years of experience in the practice of the law of their
jurisdiction of admission

Applicants are required to sit and pass the five written Heads of the Examination
and the Oral Head V, Principles of Common Law, unless otherwise exempted
from any ofthose Heads in accordance with these Guidelines.
The Law Society ofHong Kong

(b) with less than 5 years of experience in the practice of law

Applicants should refer to rule 5(2) of the Overseas Lawyers (Qualification for
Admission) Rules.

1. Applicants Admitted in Coiniizoiz Law Jurisdictions

(a) Category A applicants admitted to practise as Solicitors, Barristers and


-

Solicitors, Advocates or Attorneys and who have at least 5 years of


experience in the practice of law

Applicants who are able to satisfy the Law Society that they have 5 or more
years of experience in the practice of law (see Notes below):

are required to sit Head I (Conveyancing), unless otherwise exempted in


accordance with the guideline for exemption under Category C or E.

are required to sit Head VI (Hong Kong Constitutional Law), unless


otherwise exempted in accordance with the guideline for exemption under
Category D.

are exempt from sitting Head II (Civil and Criminal Procedure) under rule
4(1) ofthe Overseas Lawyers (Qualification for Admission) Rules.

are eligible to apply for exemption from sitting Heads III (Commercial
and Company Law) and IV (Accounts and Professional Conduct) of the
Examination. Exemption from these Heads may be granted if they are able
to demonstrate, to the Law Society's satisfaction, experience, knowledge
and/or training which is relevant to these Heads.

In respect of an application for exemption from sitting Head III


(Commercial and Company Law), applicants are referred to paragraph K
on pages 32-33 of this Information Package for details of the relevant
verification requirements. An Appendix of a non-exhaustive list of
practices in Commercial and Company Law for reference is on page 26 of
this Information Package. Applicants are required to provide all the details
prescribed by paragraph K on pages 32-33 in tabular fonriat and such
details must be verified by the employers and submitted to the Law
Society for its consideration. The description of the clients can be a
generic description without breaching clients' privacy and confidentiality.
Failure to do so may result in the application being rejected.

An example of how the information can be set out in tabular format is


given below:

Types of transactions (including


Applicant's role, responsibilities and
involvement)

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The Law Society ofHong Kong

Types of Clients

Work undertaken by the Applicant /


Experience gained by the Applicant

Period of employment

Demonstration of completion of courses in the subjects covered by the


relevant Heads on its own will not be sufficient for the purpose of
exemption.

Exemption from sitting Head IV (Accounts and Professional Conduct)


will only be granted where the applicants provide sufficient evidence to
demonstrate that they have the experience, knowledge and/or training in
relation to the issues covered by this Head.

Tips for presenting prescribed details in tabular format in support


of an application for exemption from sitting Head III (Commercial
and Company Law)

1. The aim of preparing the tables is to help the Law Society assess the
width and depth of knowledge and experience in commercial and
company law gained by an applicant in the 10 years imnicditely
preceding the application.

2. The transactions/cases handled by an applicant and selected to be


included in the verification letter should be presented in tabular
format. The role taken by the applicant and the specific experience
gained by the applicant in each transaction/case should be
highlighted.

3. Applicants should avoid using identical or repetitive wordings in the


descriptions of the work undertaken and the experience gained in
different transactions/cases. If repetitive wordings cannot be avoided
due to the similar nature of work undertaken in different
transactions/cases, the applicants should provide an explanation as
to why all works are in similar nature.

4. The number of transactions/cases in the tables should be


proportionate to the years of experience gained by the applicant in
commercial and company law. If they are not, applicants should
provide an explanation why this is not so.

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The Law Society ofHo;zg Kozg

Notes:

(1) For the purpose of these Guidelines, the Law Society will regard the
following as comprising "experience in the practice oflaw":

(i) the professional stage of legal education (post-academic and pre-


admission), including but not limited to service as a trainee
solicitor or articled clerk or a course of practical legal training in
lieu of traineeship which satisfies the admission criteria in the
applicant's jurisdiction of admission gained in the 10 year period
immediately preceding the application.

Remarks:

- any training period in excess of the statutory training period


required for admission is not recognised;

if an applicant's statutory training period has been reduced by


the regulatory authority as a result of pre-training experience
recognised by such regulatory authority as satisfying the
admission criteria in the applicant's jurisdiction of admission,
the applicant must demonstrate to the satisfaction of the Law
Society that such pre-training experience is comparable to the
training required for admission and/or is relevant experience in
the practice of law and that documentary evidence in addition
to the recognition of such pre-training experience by the
regulatory authority of the applicant's jurisdiction of admission
must be provided;

if an applicant has been admitted in more than one jurisdiction


and completed articled clerkship or trainee solicitor training or
a course of practical legal training in more than one
jurisdiction, only the statutory period of articled clerkship or
trainee solicitor training or a course of practical legal training
required for admission in his jurisdiction of admission as
elected by him under rule 8 of the Overseas Lawyers
(Qualification for Admission) Rules will count. No double
counting of the period of articled clerkship or trainee solicitor
training or a course of practical legal training will be
recognised;

- for example, if there is no statutory requirement for an


applicant to complete any trainee solicitor training or the
equivalent training in order to be admitted in a jurisdiction,
pre-admission experience in that jurisdiction is not recognised.

(ii) post-admission experience which was:

(aa) gained in the 10 year period immediately preceding the


application

*1
The Law Society ofHong Kong

(bb) in the practice of law in the capacity of a practitioner of the


law of the jurisdiction in which the applicant was admitted
and which the applicant relies on in the application and

(cc) properly authorised to do so according to the rules and


regulations of the place in which the applicant carried on his
practice oflaw. For instance,

• If an applicant practises in the PRC based on his non-


PRC legal qualification, he has to provide a certified
copy of his PRC practising licence or written
confirmation issued by the PRC Justice Bureau or other
proper authority to verify that he was properly
authorised to practise in the PRC as a qualified legal
practitioner based on his non-PRC legal qualification.

• If an applicant practises in Japan based on his non-


Japanese legal qualification, he has to provide a
certified copy of certificate or written confirmation
issued by the Japan Federation of Bar Associations or
other proper authority to verify that he was properly
authorised to practise in Japan as a qualified legal
practitioner based on his non-Japanese legal
qualification.

The examples are non-exhaustive.

Remarks:

- In the context of law firms in Hong Kong (whether Hong


Kong firms or foreign firms), only experience gained as a
registered foreign lawyer will count. Other experience gained
by overseas qualified lawyers working in law firms in Hong
Kong will not count.

- In order for the in-house experience to be recognised as


experience in the practice of law, such experience must be
comparable to that of a private practitioner in the practice of
the law. The application will be considered on a case-by-case
basis.

- The academic qualifications such as LLM cannot be


recognised as "experience in the practice oflaw".

- Part-time experience may not be recognised as "experience in


the practice oflaw".

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The Law Society ofHong Kong

- Maternity leave taken in respect of employment in Hong


Kong in excess of the statutory 14-week maternity leave for
each child under the Employment Ordinance Cap. 57 cannot
be recognised.

(2) In order to meet the 5 year experience requirement for exemption from
Heads II, III and IV, applicants will have to demonstrate that they have
already gained the necessary experience at the time of submitting their
applications. Prospective applications will not be accepted.

Procedure for applying for exemption under Category A

To be eligible for exemption from Heads III and IV, applicants must satisfy the
Law Society that they have

(a) at least 5 years of experience in the practice oflaw, AND

(b) experience, knowledge and/or training which is relevant to Heads III


(Commercial and Company Law) and IV (Accounts and Professional
Conduct).

Applicants are required to provide all pertinent details of the nature of their
practice and experience. Failure to do so may result in the applications being
rejected.

Applicants are required to provide a letter specifying the grounds upon which
they seek an exemption from any particular Head of the Examination. The
following information must also be provided in support of an application for
exemption:

(1) verification of their service as articled clerks or trainee solicitors or a


course of practical legal training in their home jurisdiction, in the form of
a letter issued by the finn which employed them;

(2) verification of any post-academic and pre-admission professional courses


undertaken in their home jurisdiction, in the form of a letter or certificate
from the institution offering the course;

(3) verification of periods of post-admission experience in the practice oflaw,


in the form of letter/s issued by the finn/s which have employed them,
setting out the precise periods of employment and areas of experience;
and

(4) any other relevant infonnation.


The Law Society ofHong Kong

Appendix of non-exhaustive list of practices in Commercial and Company Law


for reference:

(a) Merger and Acquisition (i) Trust


(b) Initial Public Offering (j) Partnership
(c) Employment (k) Sale and Purchase of Shares
(d) Banking (1) Shipping, Aviation, International Trade
and/or Commodities
(e) Securities (m)Insolvency and Restructuring
(f) Intellectual Property (n) Competition
(g) Capital Markets (o) Construction
(h) Insurance (p) Technology, Media and Telecom

(b) Category B Applicants admitted to practise as Barristers and who have at


-

least 5 years of experience in the practice of law

Applicants who are able to demonstrate to the Law Society's satisfaction that they
have 5 or more years of experience in the practice of law are exempt from sitting
Head II under rule 4(1) ofthe Rules.

Applications by Banisters for exemption from any other Head on the basis of
their experience, knowledge and/or training will be considered by the OLQE
Eligibility and Exemption Committee on a case-by-case basis.

Procedure for applying for exemption under Category B

Applicants are required to provide a letter specifying the grounds upon which
they seek an exemption from any particular Head of the Examination. The
information contained in the letter should be supported by original letters of
reference addressed to the Law Society from practising lawyers or members of
their professional body of at least 5 years' standing, regarding the applicant's
experience and any other relevant information. The Law Society may require
further information to be provided.

(c) Category C - Exemption from Head I(Conveyancing)

Exemption from Head I may be granted where applicants can demonstrate to the
Law Society that they have substantial experience in the law and practice of
conveyancing in Hong Kong.

Procedure for applying for exemption under Category C

Applicants are required to provide full details of the nature and extent of their
conveyancing experience in Hong Kong, supported by a letter of reference from
the principal(s) of the firm(s) where they have gained that experience.

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The Law Society ofHong Kong

(d) Category D Exemption from Head VI(Hong Kong Constitutional Law)


-

Exemption from Head VI may be granted if applicants completed a course on


Hong Kong Constitutional Law provided by the University of Hong Kong, City
University of Hong Kong or The Chinese University of Hong Kong. If the course
on Hong Kong Constitutional Law was provided by other institutions, applicants
are required to provide the syllabus and academic transcript for consideration by
the OLQE Eligibility and Exemption Committee and any such application will be
determined on a case-by-case basis. The completion of a course on the
Constitutional Law of an overseas jurisdiction is not sufficient for exemption
purpose.

(e) Category E Discretionary exemption in exceptional circumstances


-

The Council may in its absolute discretion grant to an applicant from a common
law jurisdiction exemption from all or any part of the Examination which the
applicant might otherwise be required to sit, if the Council is satisfied that:

(i) the applicant possesses an expertise not commonly available in Hong


Kong; AND
(ii) there will be a benefit to Hong Kong and/or the legal profession in Hong
Kong in granting such an exemption.

This exemption will only be granted in exceptional circumstances.

No exemptions have been granted under this Category since it was


introduced in 1997.

Applicants should provide full details of the extent of their experience and
testimonials in support of their claims as to (i) and (ii) above from senior
members oftheir profession.

2. Applicants Admitted in Non-Common Law Jurisdictions

Applicants whose jurisdiction of admission is a non-common law jurisdiction and who


have 5 or more years of experience in the practice of the law of their jurisdiction of
admission may apply for exemption from any Head of the Examination, which will be
considered by the OLQE Eligibility and Exemption Committee on a case-by-case basis.

Exemption may be granted if applicants are able to demonstrate, to the Law Society's
satisfaction, experience, knowledge and/or training which is relevant to those Heads.

Demonstration of completion of courses in the subjects covered by the relevant Heads on


its own will not be sufficient for the purposes of exemption.

Exemption from sitting Head IV (Accounts and Professional Conduct) will only be
granted where the applicants provide sufficient evidence to demonstrate that they have
the experience, knowledge and/or training in relation to the issues covered by this Head.

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The Law Society ofHong Kong

Procedure for making an application for exemption

Applicants are required to provide a letter specifying the grounds upon which they seek a
discretionary exemption from any particular Head of the Examination. The information
contained in the letter should be supported by original letters of reference addressed to
the Law Society from practising lawyers or members of their professional body of at
least 5 years' standing, regarding the applicant's experience and any other relevant
information. The Law Society may require further information to be provided.

W
.
The Law Society ofHong Kong

[I.

Overseas Lawyers Qualification Examination Application Form


Form A
WARNING: Please read this form carefully. Failure to follow the instructions
precisely will delay consideration of your application.

This form is for use by lawyers who wish to seek admission to the Roll of Solicitors of
Hong Kong. Lawyers who wish to apply to sit or be exempt from sitting all or portions
of the qualification examination must complete the attached application fonn.
Applicants must use theform attached. Additional pages may be attached ifnecessary.

Personal Information Collection Statement

The personal data ("the data") collected in this Application and in relation to the sitting or
exemption from sitting the Overseas Lawyers Qualification Examination will be used by the Law
Society of Hong Kong for the following purposes:

(i) The processing of your application to sit or be exempt from sitting the Examination,
evaluating the merits of your application, arranging for the logistics of the Examination,
compiling statistics, the keeping of the records of the results of Examination attended by
you and related matters;
(ii) The exercise of the powers of the Law Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Law Society in accordance with its Memorandum
and Articles of Association and the attainment of the objects for which the Law Society is
established.

In making this Application, it is obligatory for you to supply the Law Society with the data
requested in this form except as otherwise indicated. The consequence for you if you fail to
supply such data is that the Law Society will not be able to process this Application.

The data may be provided to such persons within the Law Society whose proper business it is to
have access to and assist in the processing of this Application and related matters. The data may
also be provided to the invigilators, examiners and to such other persons who may help the Law
Society in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Law Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request should be
addressed to the Secretary General, the Law Society of Hong Kong, 3/17, Wing On House, 71 Des
Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Law Society is available on its website at
www.hldawsoc.org.hk.

When completed this form should be returned to the Law Society of Hong Kong, 3i
Floor, Wing On House, 71 Des \Toeux Road Central, Hong Kong.

29
The Law Society ofHong Kong

YOU MUST SUBMIT THE FOLLOWING DOCUMENTS


WITH THE COMPLETED APPLICATION FORM:-
WARNING: Failure to provide the required information and/or documents, or
failure to provide such information and documents within the time limits
specified in paragraph 2 of Section C of Part I of this Information Package may
result in your application being rejected.

A. A passport size photo of yourself taken within 3 months of the date of this application,
attached at the appropriate place provided.

B. A certified copy of your passport or alternatively, if you prefer, a certified copy of your
Hong Kong identity card.

C. A certified copy of transcript / academic record from the institution where you obtained
your legal qualification(s).

If you are unable to provide a certified copy of transcript / academic record, you should
file a statutory declaration setting out

(a) the steps that you have taken to obtain a certified copy of the transcript /
academic record; and

(b) the reasons for not being able to obtain it despite the steps that have been taken.

In relation to item 1213, if you have completed a course on Trust and/or other courses
which you considered as having covered Equity, you have to provide relevant written
verification from the institution at which you undertook the course(s).

If you have completed a course on Public Law and/or other courses which you
considered as having covered Constitutional and Administrative Law, you have to
provide relevant written verification from the institution at which you undertook the
course(s).

D. A certified copy of your relevant degree certificate(s)(or equivalent).

E. A certified copy of your admission / call certificate (or equivalent) evidencing your
professional qualification(s).

If you claim that you have never been issued with an admission / call certificate, you
should provide a statutory declaration declaring that you were not issued with an
admission / call certificate upon your admission and exhibiting an original confirmation
(or certified copy) from your professional body or home Court that it is not its practice to
issue admission / call certificates in the jurisdiction.

011
The Law Society ofHong Kong

If you claim that you have misplaced your admission / call certificate, you should apply
for a replacement certificate from the relevant authority. Your application will not be
processed until the replacement certificate is received by the Law Society.

If the relevant authority does not issue replacement certificates, you should provide a
statutory declaration declaring that you have misplaced your admission / call certificate
and exhibiting an original confirmation (or certified copy) from the relevant authority
that it does not issue replacement certificates.

F. An original certificate(s) of Good Standing from your professional body or home Court
which confirm(s):

(a) Your date of admission to the professional body and/or home Court.

(b) That you are of good character and repute.

(c) That there are no proceedings pending against you for professional or other
misconduct.

(d) That you are still entitled to practise in your home jurisdiction and that your name
has not been removed from the list of those so entitled.

If you have been admitted in more than one jurisdiction, certificates from each
jurisdiction must be supplied. If you have been admitted in more than one branch of
the legal profession in one jurisdiction, certificates in relation to each branch of the
profession must be supplied.

The Certificate of Good Standing is not valid for the purpose of this application if
the date of its issue is more than 4 months from the date such Certificate of Good
Standing or your Form A is received by this Law Society (whichever is later).

See page 36 on the question of whether an electronic Certificate of Good Standing will
be accepted by the Law Society in processing applications to sit or resit or to be exempt
from sitting all or part of the Examination.

G. Original letters of reference from the referees nominated by you in your application form,
in support of your application for admission in Hong Kong. See Question 26 of Form A
for the requirements on the qualifications of the referees and the requirements on the
contents ofthe reference letters.

H. If you are eligible to apply for exemption from any Heads of the Examination, all
relevant documentary evidence in support of that application. See the Guidelines for
Exemption in Section F from pages 20 to 28.

I. The application fee is HK$3,300.00. The fee is not refundable and you should ensure
that you are prima facie eligible for admission before you submit the application.

31
The Law Society ofHong Kong

Cheques or bank drafts should be made payable to 'The Law Society of Hong Kong". If
you pay by telegraphic transfer, you have to provide your bank's written confirmation of
payment(see the details of the payment methods in paragraph 2 of Section C on page 5).

J. If your name has been changed and is now different from that shown on your supporting
documents, you should submit evidence that the documents refer to you, for example, a
certified copy of a marriage certificate.

If your name appears in different versions in the supporting documents, please submit a
statutory declaration confirming that the supporting documents refer to and relate to you.
A sample statutory declaration is set out on page 48. Different versions of a name are
considered to exist when your name as appears in a supporting document is different
from that shown in the certified copy of your passport or Hong Kong identity card as
required under Note B above (for example, the sequence of your name is presented
differently, your middle name is omitted in a supporting document, your nickname is
shown in a supporting document). If an applicant is uncertain as to whether different
versions of a name are considered to exist in the supporting documents, he or she may
submit a statutory declaration confirming that the supporting documents refer to and
relate to him or her in any event.

K. Verification of your professional practice and experience by your employer(s) required


under item 23 of Form A should include:

(a) the capacity in which you were employed, the job title and the areas of law
covered;

(b) the period of employment with exact dates in day, month and year;

(c) the department(s) to which you were attached during the employment;

(d) the law(s) of the jurisdiction(s) you practised;

(e) if you are/were a registered foreign lawyer in Hong Kong and you had/have had
less than 2 years of post-qualification experience in the full-time practice of
foreign law at the time of the relevant employment and a supervision condition
was/is imposed on you pursuant to Rule 5 of the Foreign Lawyers Registration
Rules Cap. 159S,(i) the name of the supervising solicitor or foreign lawyer, (ii)
all of his or her jurisdiction(s) of admission and (iii) the law(s) of the
jurisdiction(s) practised by the supervising solicitor or foreign lawyer.

Where you claim to have relevant experience and knowledge in a particular Head in
support of your application for exemption from sitting the Examination on the Head, the
letter from your employer should further state in detail such experience and knowledge
by explaining in reasonable details:

(a) the types of transactions undertaken by you (for example, an applicant attached to
the Banking Department may have gained experience in different kinds of
transactions including international loan facilities, securitisation, loan refinancing

32
The Law Society ofHong Kong

and restructuring) your specific role and the extent of your responsibility and
involvement in those transactions;

(b) the types of clients you acted for (for example, banks and financial institutions
and corporate borrowers and project sponsors);

(c) the work undertaken by you (for example, drafting, negotiating, reviewing and
settling loan agreements and security documents and so on);

(d) the specific experience gained from the work undertaken that is relevant to the
Head from which you are applying for exemption. You are advised to review the
syllabus of the Head when considering the relevancy of your experience.

(see Section F on pages 21 to 22 for the requirements to present information in tabular


format in respect of any application for exemption from sitting Head III(Commercial and
Company Law))

In the case of a law firm, the verification letter should be issued by a partner of the firm
on the firm's letterhead. It is not necessary to provide several verification letters from
various partners in the same firm. In the case of a company, the verification letter should
be issued by an officer at managerial level in the company (such as your supervisor
there) on the company's letterhead.

In the case of a law firm or company which is no longer in existence, you may provide
written confirmation by your supervising principal confirming the non existence of the
law finn or company and verifying your experience based on his or her personal
capacity, information and knowledge.

If you were employed by more than one employer during any period of time in the 10
years immediately preceding your application (including any secondment arrangement)
and you wish to rely on your experience in the practice of law gained during such period
oftime in support of your application, you must provide the verification letter from those
who were your employers during such period of time in compliance with the
requirements set out in this Note K. In addition, if there is or are any overlapping
period(s) of employment, all employers involved in the overlapping employment must
provide verification letters with details as to work arrangements and the number of hours
per week you worked for each employer, and how you worked for each employer
(including whether or not you were required to be physically present in the relevant
employer's office to attend work). As stated in Question 23 of Form A, full time means
at least 35 working hours per week.

L. Applicants who are sole practitioners should provide verification of your professional
practice and experience by third parties including fellow practitioners and clients. A
statutory declaration by you as to your professional practice and experience will not
suffice.

33
The Law Society ofHong Kong

M. Applicants must provide certified English translation of all documents submitted in


support of their application which are not in English with documentary proof of the
qualifications of the translators.

A translator must prepare the English translation ofthe documents.

The following certification statement is acceptable:

'I, the undersigned, do hereby state that I am well versed in both English and
languages and I certify that the English translation of the attached
document is the true and correct English translation

34
The Law Society ofHong Kong

CERTIFIED COPIES

In the case of degree and admission certificates applicants may supply certified copies.
Copies may be certified by:

(a) a practising lawyer in the applicant's original jurisdiction;

(b) a practising lawyer admitted in Hong Kong;

(c) a duly authorised member of the staff of the academic institution concerned
provided that the certified copy is also stamped by that institution;

(d) a notary public; or

(e) a Commissioner for Oaths.

The certification must state that the copy is a true copy of the original and that the
original has been produced to the person so certifying. It must state the name and capacity
of the person certifying. It must also be dated.

The following certification statements are ACCEPTABLE:

(a) 'I, the undersigned, do hereby certify that this is a true and complete copy of the
original
"

OR
(b) "Certified true copy ".

The following certification statement is NOT ACCEPTABLE because it is not clear


whether the certified copy is a true copy of the original or only a true copy of the certified
copy:-

7, the undersigned, do hereby certify that this is a true and complete copy of the
original(or a properly certified true copy ofthe original) ".

The Law Society reserves the right to call for an original certificate where it deems this to
be necessary.

The Certificate of Good Standing ftom your professional body or home Court and all
reference letters must be originals.

35
The Law Society ofHong Kong

ELECTRONIC CERTIFICATES OF GOOD STANDING

If the issuing authorities do not issue original physical copies of Certificates of Good
Standing, electronic copies of Certificates of Good Standing issued by the said authorities
may be accepted by the Law Society in processing applications to sit or resit or to be
exempt from sitting all or part of the Examination subject to the Law Society being
satisfied that it is the policy of the issuing authorities that they no longer issue physical
copies and there are no issues on authenticity and validity.

Applicants should ask the issuing authorities to email the electronic copies of the
Certificates of Good Standing directly to the Law Society. The issuing authorities may
email the copies to the Law Society at [email protected] and
[email protected].

If it is the policy of an issuing authority that it does not forward a Certificate of Good
Standing to a third party, applicants should forward the email in which the issuing
authority provided the electronic copy of the Certificate of Good Standing to them to the
Law Society's email addresses at [email protected] and
OLOEAppin(,hklawsoc. org.hk.

Original physical copies of Certificates of Good Standing must be submitted in support of


the applications to sit or resit or to be exempt from sitting all or part of the Examination
except in the cases of those issuing authorities which have resolved on a permanent basis
not to issue original physical copies. If an issuing authority is unable to issue original
physical copy of the Certificates of Good Standing as an interim measure, an applicant
should ask such authority to provide an email confinnation stating that they are unable to
provide the requisite original physical copy of the Certificate of Good Standing and attach
the electronic copy of the Certificate of Good Standing directly to the Law Society. They
may email the Law Society at adrgl(hklawsoc.org.hk and
[email protected]. The applicant should provide the original physical
Certificate of Good Standing issued by such authority when it is available.

36
The Law Society ofHong Kong

OVERSEAS QUALIFIED LAWYERS SEEKING ADMISSION TO


THE ROLL OF SOLICITORS OF HONG KONG

APPLICATION FORM

Note: Applicants must supply the Law Society with all of the information necessary to
Photo of the
determine whether they qualify for admission in Hong Kong prior to being granted
Applicant permission to write (or be exempt from) all or portions of the qualification
examination.

1. TITLE (e.g. Mr, Ms, Mrs, Miss)

2. SURNAME:

3. FORENAMES:

The name should correspond with your name as appears in your


Hong Kong identity card or passport. Please attach a certified copy
of your passport or alternatively, if you prefer, a certified copy of
your Hong Kong identity card.
4. HONG KONG IDENTITY CARD
NO. OR PASSPORT NO.

k.

6. PERMANENT ADDRESS:

7. ADDRESS TO WHICH
CORRESPONDENCE SHOULD
BE SENT:

8. DAY TIME TELEPHONE NO.:

FAX NO.:

E-MAIL ADDRESS:

9. NATIONALITY:
The Law Society ofHong Kong

10. LIST CHRONOLOGICALLY ALL PROFESSIONAL QUALIFICATIONS AND TITLES,


JURISDICTIONS N WHICH THEY WERE GAINED AND DATE OF ADMISSION

Qualification and Title Jurisdiction Date of Annex number of Annex number of


(e.g. solicitor and barrister, Admission the attached the attached
advocate, etc.) certified copy of original Certificate
admission I call of Good Standing*
certificate* or
statutory
declaration, where
appropriate'

Ifyou were admitted in more than onejurisdiction, you may elect any one ofthosejurisdictions as yourjurisdiction of
admission.

Please state yourjurisdiction ofadmission. (jurisdiction ofadmission).

11. LIST CHRONOLOGICALLY EACH LAW SOCIETY OR OTHER GOVERNING BODY OF WHICH
YOU ARE NOW,OR HAVE EVER BEEN, A MEMBER

Law Society or Governing Date of First Practising Present Status Active / If ceased or disbarred,
Body Certificate or Retired Honorary or Date of Cessation or
Membership non-practising Disbarrment

*
Please annex the necessary supporting documents, number each of them and fill in the annex number of the relevant
document in this column.

Please refer to Note E on pages 30-31


The Law Society ofHong Kong

12. DEGREES,DIPLOMAS,ETC HELD

University / College Degree / Date of Date Degree, Annex number ofthe


Diploma etc Course Diploma etc attached certified copy of
Commence- Awarded transcript / academic
ment record from which I
obtained my legal
qualifications*

12A.**Li I confirm that, as required by section 4(1)(a) of the Overseas Lawyers (Qualification for Admission)
Rules, I have completed courses in Contract, Torts, Property, Criminal Law, Equity and
Constitutional and Administrative Law.(See the relevant subjects highlighted in Annex ______

[SRI

12B.* I confirm that I have completed the following course(s) required under section 4(1)(a) of the Overseas
Lawyers (Qualification for Admission) Rules2:

3.)
(See the relevant subject(s) highlighted in Annex

* Please annex the necessary supporting documents, number each of them and fill in the annex number of the relevant
document in this column

** Section 12A should be filled in by applicants who have completed all the courses required under section 4(1)(a) of the
Overseas Lawyers (Qualification for Admission) Rules.

**
Section 12B should be filled in by applicants who have not completed all the courses required under section 4(1)(a) of the
Overseas Lawyers (Qualification for Admission) Rules.

If you have completed a course on Trust and/or other courses which you considered as having covered Equity, you have to
provide relevant written verification from the institution at which you undertook the course(s).

If you have completed a course on Public Law and/or other courses which you considered as having covered Constitutional
and Administrative Law, you have to provide relevant written verification from the institution at which you undertook the
course(s).

Please fill in the annex number ofthe relevant transcript/academic record and highlight the relevant subjects on the document.
2
Please state the course(s) that you have completed.

Please fill in the annex number of the relevant transcript/academic record and highlight the relevant subject(s) on the
document.

39
The Law Society ofHong Kong

I confirm that my legal qualification referred to in section 4(1)(a) of the Overseas Lawyers
(Qualification for Admission) Rules (e.g. LLB, JD) has provided substantially similar course(s) or the
functional equivalency of the following course(s) required under section
4(1)(a):

[Please explain on a separate sheet how your legal qualification has provided substantially similar
course(s) or the functional equivalency of any ofthe courses set out in section 4(1)(a).]

,'IR7L.J.1

I confirm that, as an alternative to completing the following course(s) required under section 4(1)(a)
of the Overseas Lawyers (Qualification for Admission)Rules,5__________________________________
I have
had practical experience in these areas of law.

[Please give details of your experience in these areas oflaw on a separate sheet.]

Sections 12A and 12B are applicable to applicants admitted in common law jurisdictions only.

13. PROFESSIONAL EXAMINATIONS PASSED AND COURSES ATTENDED

College / Centre where the Title of Qualification Awarded Date Annex number of the
course was taught and/or Certificate attached certified copy
examination sat Awarded of certificates

Please state the section 4(l)(a) course(s) that you have not completed.

Please state the section 4(1)(a) course(s) that you have not completed.

Please annex the necessary supporting documents, number each of them and fill in the annex number of the relevant
document in this column.
The Law Society ofHong Kong

14. Have you ever been made bankrupt or insolvent or are any such YES/NO
proceedings pending against you in any jurisdiction?

If YES please supply details on a separate sheet and state whether


you have been discharged and, if so, when.

15. Have you ever entered into an arrangement or composition with YES/NO
creditors?

If YES please supply details on a separate sheet.

16. Have you been convicted of any offence in any Court of Hong Kong YES/NO
or elsewhere (other than a motoring offence not resulting in
disqualification)?

If YES you should provide full details on a separate sheet and you
should ensure that at least one of your referees is a person who has
full knowledge of the conviction(s) and that this is indicated on their
reference.

NOTE: Convictions which are "spent" under the Rehabilitation


of Offenders Ordinance should be disclosed by virtue of section
4(1)(a) of that Ordinance.

17. Have you at any time been found guilty of professional misconduct L1YES/NO
by a disciplinary tribunal or are any proceedings before a
disciplinary tribunal still pending in any jurisdiction?

If YES you should provide full particulars on a separate sheet.

is. Have you at any time been suspended from professional practice by YES/NO
your professional body?

If YES you should provide full particulars on a separate sheet.

19. Have you made a previous application to sit or be exempt from YES/LIjNO
sitting the Overseas Lawyers Qualification Examination?

If YES please state the year(s) when each of such previous


application(s) was made.

20. Have you ever obtained a Section 3(2) Certificate from the Law YES/ENO
Society?

If YES please state the date(s) when each of the Section 3(2)
Certificate(s) was issued.

21. Are you currently entitled to practise in your home jurisdiction? YES/LINO

41
The Law Society ofHong Kong

22. If you are not entitled to practise in your home jurisdiction (e.g. because you do not hold a current practising
certificate) please provide an explanation below stating, inter alia

(i) The reason why you are not entitled to practise in your home jurisdiction.
(ii) Whether you know of any reason why, if you were to apply to become entitled to practise in your
home jurisdiction, such an application would be refused.
The Law Society ofHong Kong

23. PROFESSIONAL PRACTICE AND EXPERIENCE

Please provide details of your professional practice and experience undertaken, including articles / traineeship
/ pupillage (if applicable) and employment (full time or part time) both in Hong Kong and overseas for the 10
years immediately preceding the date of this Form A, regardless of whether you wish to rely on those
experience in your application. For those periods of experience which you wish to rely on in your application,
you must provide verification from your previous and/or current employers".

Full Name and Address of Job title and areas of Dates Full time or Duration Annex number
Firm / Supervisor / Training law covered (month & Part time (no. of of the attached
Master / Employer / Place of year) months) original letter
practice Full time or copy letter
means at least from my
35 working employer
hours per certified by a
week Hong Kong
solicitor, a
lawyer of your
home
jurisdiction or a
notary public*

Total
duration:

# Please refer to Note K on pages 32-33


*
Please annex the necessary supporting documents, number each of them and fill in the annex number of the relevant
document in this column

43
The Law Society ofHong Kong

24. Indicate your intentions as to practice or employment following your admission to the Roll of Solicitors of
Hong Kong.

25. Please provide any further information as to character, qualifications or experience which you think should be
taken into consideration.

(Continue on a separate sheet if necessary)


The Law Society ofHong Kong

26. REFERENCE LETTERS

Please provide original reference letters addressed to the Law Society of Hong Kong in support of your
application from the three referees named below who are not close relatives. Two of the referees must be
practising solicitors or members of your professional body of at least five years standing either in Hong Kong
or in the jurisdiction where you are already qualified. All referees must have known you well for two years or
more. If you are currently in employment one of the reference letters must come from a partner of your
current firm or an officer at managerial level of your current employer (such as your supervisor there)
even if you have been with the firm or the employer for less than two years.

The reference letters should attest to your good character, fitness and suitability for admission as a solicitor in
Hong Kong. The referee should state his professional qualification and year of admission in the letter for
verification of compliance with the referee's experience requirement. Further, the referee must also state the
date from when he has known you and whether or not he is related to you.

The names of the referees Annex number ofthe attached original


reference letter*
1.
2.
3.

27 I apply to sit the following Heads of the Overseas Lawyers Qualification Examination: -

Liii I Conveyancing
-

LI II Civil and Criminal Procedure


-

III Commercial and Company Law


-

IV Accounts and Professional Conduct


-

V Principles of Common Law


-

LII VI Hong Kong Constitutional Law


-

9.1 101140518116101

In accordance with the Guidelines, I am eligible to apply for exemption under Category and am
_____

seeking an exemption from sitting the following Heads of the Overseas Lawyers Qualification Examination:-

F-1 I Conveyancing
-

II Civil and Criminal Procedure'


-

III Commercial and Company Law


-

LI IV Accounts and Professional Conduct


-

LI V Principles of Common Law'


-

LI VI Hong Kong Constitutional Law


-

Please annex the necessary supporting documents, number each of them and fill in the annex number of the relevant document
in this column

Applicants are required to check this box even if they consider that they are exempt from sitting Head II (Civil and Criminal
Procedure) by virtue of rule 4(1) of the Overseas Lawyers (Qualification for Admission) Rules.
a
Applicants are required to check this box even if they consider that they are exempt from sitting Head V (Principles of
Common Law)by virtue of rule 4(1) or rule 4(2) of the Overseas Lawyers (Qualification for Admission) Rules.
The Law Society ofHong Kong

Please see Annex No. for a letter stating why I should be granted an exemption in accordance with the
Guidelines on page 20.

29. APPLICATION FEE

I enclose a cheque / a bank draft for the sum of HK$3,300.00 made payable to 'The Law Society of
Hong Kong" in payment for the application to sit or be exempt from the Overseas Lawyers
Qualification Examination.

30. DECLARATION AND UNDERTAKING

If required to sit any portions of the examinations I agree to comply with the Overseas Lawyers Qualification
Examination Procedures and Instructions to Candidates as approved by the Council ofthe Law Society.

I hereby consent to accept my result slip by e-mail. I understand that the e-mail may be intercepted and/or
opened by a third party. I accept this is beyond the control of The Law Society of Hong Kong, its employees,
agents and appointees and the e-mail is sent at my own risk.

I understand that the Law Society must be advised if prior to my admission to the Roll of Solicitors I am
convicted of an offence in any Court of Hong Kong or elsewhere (other than a motoring offence not resulting in
disqualification). I therefore undertake that I will notify the Law Society of any such conviction after the time
of this application. I also undertake to advise the Law Society if I become bankrupt or if I am found guilty of
professional misconduct or if any proceedings are taken against me.

I hereby apply for admission to the Roll of Solicitors of Hong Kong and I solemnly and sincerely declare that the
facts set out by me in support ofthe above application are true. I make this solenm declaration believing the same
to be true and by virtue ofthe provisions ofthe Oaths and Declarations Ordinance.

Declared by the said


Name of Applicant

at this day

of 2022,

Signature of applicant

Before me
Name in full Signature

Signature of Solicitor entitled to Administer Oaths / notary or qualified professional person of the applicant's
home jurisdiction / competent judicial or administrative authority**

"Your declaration must not be witnessed by a solicitor who is an employee or principal in your
employer firm or company.

(please delete whichever is inapplicable)

Date of Form K:

Please annex the letter, number it and fill in the annex number

If the date of the statutory declaration precedes the date of this Form A, the information deposed by the statutory declaration
will be validated to the date of the statutory declaration only, not the date of this Form A.
The Law Society ofHong Kong

H. SAMPLE SECTION 3(2) CERTIFICATE

THE LAW SOCIETY OF HONG KONG

Overseas Lawyers Qualification Examination

Certificate Issued under Section 3(2) of the Overseas Lawyers


(Qualification for Admission) Rules

This is to certify that of


(Name of Applicant)

has applied to sit or be exempt from all or parts of the Overseas Lawyers Qualification
Examination. It has been determined that he / she* will he required to sit and pass the
following examination(s)* before assessment of eligibility for admission to the Roll of
Solicitors of Hong Kong may proceed.

Name ofthe Examination(s) Next sitting ofthis / these*


examination(s)*

1.

2.

3.

4.

5.

6.

Applicants must register with the Law Society of Hong Kong their intent to sit the
(s)* by Wednesday, 31 August 2022. The fee for the examination(s)* (detailed in
examination
the attached Overseas Lawyers (Qualification for Admission)(Fees) Rules) is payable when
registering to sit the examination(s)*.

Date Secretary General


*
delete whichever is inapplicable

47
The Law Society ofHong Kong

I. SAMPLE STATUTORY DECLARATION

STATUTORY DECLARATION OF[NAME]

I, of_____
do solemnly and sincerely declare as follows:

1. I am the holder of Hong Kong Identity Card No. / Passport No. a


copy of which is exhibited hereto marked

2. I have submitted an application dated [Date ofForm A] to The Law Society of Hong
Kong for sitting Head(s) and/or exemption
from sitting Head(s) of the Overseas Lawyers
Qualification Examination (the 'Application).

3. I confirm that each of the documents and references supplied to The Law Society of
Hong Kong as part of the Application refers to and relates to me, irrespective of
whether such documents and references refer to
or otherwise.

And I make this solemn declaration conscientiously believing the same to be true by virtue of
the Oaths and Declarations Ordinance, Cap 11.

Dated the

DECLARED at [Applicant's signature]

Before me,

[Signature and designation of the solicitor


entitled to administer oaths / notary or qualified
professional person of the applicant's home
jurisdiction /competentjudicial or administrative
authority]**

**The declaration must not be witnessed by a solicitor who is an employee or principal in the
applicant's employer firm or company.
The Law Society ofHong Kong

Personal Information Collection Statement

The personal data collected in this Declaration ("the data") will be used by the Law Society of
Hong Kong for the following purposes:

(i) To identify you as the same person named in the documents submitted to the Law
Society to support your application ("the Application") to sit or be exempt from sitting
the Overseas Lawyers Qualification Examination and to evaluate the merits of your said
application and related matters;
(ii) The exercise of the powers of the Law Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Law Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects for which
the Law Society is established.

In proving your identity, it is obligatory for you to supply the Law Society with the data in this
Declaration except as otherwise indicated. The consequence for you if you fail to supply such
data is that the Law Society will not be able to identify you to be the same person named in the
said documents in support ofthe Application.

The data may be provided to such persons within the Law Society whose proper business it is
to have access to and assist in the processing of the Application and related matters. The data
may also be provided to such persons who are in a position to verify the veracity of the
information provided by you in this Declaration and to other persons who may help the Law
Society in attaining the purposes above mentioned.

You have the right to request access to and correction of the data. Any such request should be
addressed to the Secretary General, the Law Society of Hong Kong, 3/17, Wing On House, 71
Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Law Society is available on its website at
www.hklawsoc.org.hk.

Mo
The Law Society ofHong Kong

PART II

PA'I FfIIikl

6111
The Law Society ofHong Kong

J. PROCEDURE FOR ADMISSION AFTER PASSING THE


OVERSEAS LAWYERS QUALIFICATION EXAMINATION

1. Legislation

The relevant statutory provisions on admission procedures are sections 3 and 4 of the
Legal Practitioners Ordinance and rules 3, 4 and 5 of the Admission and Registration
Rules.

Apart from satisfying the requirements specified in rule 4 or rule 5 of the Overseas
Lawyers (Qualification for Admission) Rules, an overseas lawyer seeking admission
as a solicitor in Hong Kong must establish that he or she:

(a) is a person of good standing in his jurisdiction of admission;

(b) is a fit and proper person to be a solicitor; and

(c) has either

(i) resided in Hong Kong for at least 3 months immediately before the
date of his/her application for a certificate of eligibility for admission;

(ii) the intention of residing in Hong Kong for at least 3 months


immediately after his/her admission;

(iii) been ordinarily resident in Hong Kong for at least 7 years; or

(iv) been present in Hong Kong for at least 180 days of each of at least 7
years.

2. Application for Certificate of Eligibility for Admission(Form 3)

After you have been granted exemption from passing all of the subjects in the
Examination, or have passed the required subjects in the Examination, you must apply
to the Law Society (marked to the attention of 'Registration Section") for a
"Certificate of Eligibility for Admission as a Solicitor". The supporting documents
and application fee are:

(a) (i) a certified copy of your Certificate of Exemption from Sitting the
Overseas Lawyers Qualification Examination (paragraph 5 on pages 6-
7 ofthis Information Package); or

(ii) a certified copy of your Result Slip which indicates that you have
passed all of the required subjects in the Examination (there is no time
limit for you to rely on your Result Slip for admission purpose).

51
The Law Society ofHong Kong

(b) your Certificate of Good Standing issued by the relevant Law Society or
equivalent of your jurisdiction of admission / call. The Certificate must be not
more than 4 months from the date of its issue when received by the Law
Society for your Application for Certificate of Eligibility for Admission. If
you are admitted / called in more than one jurisdiction, the Certificates of
Good Standing from each ofthe jurisdictions of admission must be provided;

NOTE:

The Certificates of Good Standing must be sent by the issuing bodies


DIRECTLY to the Law Society marked to the attention of the
Registration Section. You are responsible for giving the necessary
instructions to the issuing bodies and making all necessary arrangements
at your own cost.

(c) a completed Form 1C (Application for a Certificate of Eligibility for


Admission as a Solicitor);

(d) a completed Form 5 (affidavit of identity);

(e) a cheque HK$1,500.00 payable to "The Law Society of Hong Kong" for the
application fee;

(f) a cheque HK$1,500.00 payable to "The Law Society of Hong Kong" to review
the travel documents to satisfy the residency requirements under section 4(1A)
ofthe Legal Practitioners Ordinance, if applicable (page 58); and

(g) particulars of your updated correspondence address including email address


and mobile phone numbers.

The Practising Certificate (Special Conditions) Rules came into operation on 1


February 2003. One effect of the Rules is that every applicant for the issue of a first
practising certificate must give to the Law Society 6 weeks' notice of intention to
apply. Not until the expiration of those 6 weeks can application be made for the issue
of a practising certificate. However, application in Form 1C for admission may be
made contemporaneously with the notice of intention to apply for a practising
certificate.

3. Certificate of Eligibility for Admission

After your documents have been checked, a Form 3 (Certificate of Eligibility for
Admission as a Solicitor) will be issued to you.

It may take up to 4 weeks to issue the Form 3 depending on the workload of the
Law Society. Do not telephone the Law Society until the end of this period.

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The Law Society ofHong Kong

4. Motion Papers

After you have received the Form 3, you must prepare and file a motion paper with
the High Court within 2 months of the date of the Forrri 3: rule 4(1A) of the
Admission and Registration Rules at page 85.

If you fail to do so, you will have to apply for another Form 3 (see Step 2) and a
further application fee is payable. The Law Society has no discretion to extend
this time limit.

A sample motion paper is attached at page 65. The motion paper must be
accompanied by -

(a) the original Form 3 certificate issued by the Law Society;

(b) a cheque for $1,135.00 payable to 'The Government of the Hong Kong SAR"
for the application fee; and

(c) the name of the person who will move your admission and a statement as to
whether that person is a barrister or solicitor.

It is a requirement of rule 4(2) of the Admission and Registration Rules that the
original Form 3 certificate accompany your motion paper. Do not file your motion
paper before you obtain the Form 3 from the Law Society.

You must serve a certified copy of the motion paper and the Form 3 on the Law
Society and the Secretary for Justice at the same time as the papers are filed at the
Court: rule 4(3) ofthe Admission and Registration Rules at page 86.

The copy delivered to the Law Society must be accompanied by the name of the
person who will move your admission and a statement as to whether that person is a
barrister or solicitor. If the name of the person moving your admission changes, you
should notify the Law Society immediately by fax on (852)2845 0387.

The Secretary for Justice will write to you and advise whether he has any objection to
your admission. A copy of the letter will be sent to the Court and the Law Society.

The Law Society will not issue you a letter if your papers are in order.

If your papers are not in order, you will be advised by the Law Society or the
Secretary for Justice of the further steps which you need to take.

A further fee of $360.00 for entering your name on the roll is payable to the High
Court after your admission. A demand note for the fee will be issued to you by the
Court.

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The Law Society ofHong Kong

General notes

You must read the notes attached to Form 1C carefully at page 58. Any amendments to the
attached forms must be initialled by the declarant and the witness. If a document is not in a
form acceptable to the Law Society it will be returned to you for amendment and
re-execution. You will not be permitted to bring substitute pages to the Law Society and
insert them in the original document in place ofthe incorrect pages.

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The Law Society ofHong Kong

K. FORMS

1. Form IC

Form 1C [rule 3(2)(c)]

ADMISSION AND REGISTRATION RULES

APPLICATION FOR A CERTIFICATE OF ELIGIBILITY FOR ADMISSION


AS A SOLICITOR UNDER SECTION 4(1)(b)

To: The Law Society of Hong Kong,

I.....................................................................................................................................................
[full name in English and, if applicable, Chinese]

of ...................................................................................................................................................
apply for the issue to me of a certificate of eligibility in accordance with rule 3(5) of the
Admission and Registration Rules(Cap. 159 sub. leg. B).

Telephone contact number ...................................

I do solemnly and sincerely declare as follows-

(1) I have resided in Hong Kong for at least 3 months immediately before the date of this
application.

OR*

I intend to reside in Hong Kong for at least 3 months immediately after my admission.

S.

I have been ordinarily resident in Hong Kong for at least 7 years.

I have been present in Hong Kong for at least 180 days of each of at least 7 years.

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The Law Society ofHong Kong

Details of my periods ofresidence are set out below-

Address Period ofresidence

The attached document marked" is a certified copy of my passport.

(2) I was admitted as an attorney / a solicitor / a barrister* of ...................on the


day of ....................................The attached document marked ............... is a
certified copy of my admission certificate.

(3) I was not required to pass any examinations prior to applying for admission as a
solicitor. The attached document marked .......................is the Hong Kong Law
Society certificate to this effect.

OR*

I was required to pass an examination / examinations* in .....................prior to


applying for admission as a solicitor. I passed the examination / examinations* on
the ................ day of ...........................

The attached document marked ................ is a certified copy of a certificate from the
authority administering the examination.

AND I make this solemn declaration conscientiously believing it to be true and by virtue of
the Oaths and Declarations Ordinance(Cap. 11).

DECLARED at ....................................)
HONG KONG this ..................day of
.....................................)
Before me,

Commissioner for Oaths / Solicitor


*
Delete whichever is inapplicable.

56
The Law Society ofHong Kong

Personal Information Collection Statement

The personal data collected in this Application ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing of this Application and related matters;


(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects
for which the Society is established.

In making this Application, it is obligatory for you to supply the Society with the
data requested in this application fonu except as otherwise indicated. The
consequence for you if you fail to supply such data is that the Society will not be
able to process this Application.

The data may be provided to such persons within the Society whose proper business
it is to have access to and assist in the processing of this Application and related
matters. The data may also be provided to other persons who may help the Society
in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what
is necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/17,
Wing On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

57
The Law Society ofHong Kong

NOTES FOR COMPLETING FORM 1C

For (1):

You must give full details of your periods of residence in Hong Kong in your Form 1 C, on
whatever basis of residency upon which you are claiming to be eligible for admission. If the
space provided for is insufficient, you may supply the details on a separate sheet.

If you are claiming to be eligible for admission on the basis of residency in Hong Kong for at
least 3 months immediately before the date of your application for a certificate of eligibility
for admission or intention to reside in Hong Kong for at least 3 months immediately after
your admission, a certified copy of a full set of your passport, must be attached to your Form
'C.

If you have been absent from Hong Kong for any period(s) falling within 3 months before the
date of your Form 1C, please submit a written confirmation of the date(s), destination(s) and
purpose(s)/reason(s) of your absence and an administrative fee of HK$1,500.00 payable to the
Law Society for the review of the travel records in order for it to be satisfied that you have
complied with the residency requirements under section 4(1A)(a) of the Legal Practitioners
Ordinance.

If you intend to reside in Hong Kong for 3 months immediately after admission pursuant to
section 4(1A)(b) of the Legal Practitioners Ordinance, please provide the Law Society with
further information regarding that intention which should be supported by appropriate
documentary evidence, such as:

(i) scheduled / anticipated date of arrival in Hong Kong;


(ii) immigration / visa status;
(iii) any offer of or commencement date of employment in Hong Kong; or proof that you
have been granted at least 3 months' leave from your employer overseas; and
(iv) evidence of sufficient means to support yourself over that period if not seeking
employment during the 3 months in Hong Kong.

If you have been absent from Hong Kong for any period(s) falling within 3 months
immediately after admission, you will be requested then to submit a written confirmation of
the date(s), destination(s) and purpose(s)/reason(s) of your absence. An administrative fee of
HK$1,500.00 is then payable for the Law Society to review the travel records in order for it to
be satisfied that you have complied with the residency requirements under section 4(1A)(b) of
the Legal Practitioners Ordinance.

Please note that under section 4(3) of the Legal Practitioners Ordinance, if you were admitted
as a solicitor on the basis of an intention to reside in Hong Kong for at least 3 months
immediately after your admission, but you fail to so reside, the Court may, on the application
of the Law Society, order that your name be removed from or struck off the roll of solicitors.

If you are claiming to be eligible for admission on the basis of residency in Hong Kong for at
least 7 years or presence in Hong Kong for at least 180 days of each of at least 7 years, a
certified copy of each of your passport showing the particulars of yourself and your Hong
Kong identity card should be attached to your Form 1 C.

2. For (2):

A certified copy of your admission certificate/s in all jurisdictions of admission must also be
attached to your Form 1 C. You may make appropriate amendments in (2) if you have more
than one jurisdiction of admission.

58
The Law Society ofHong Kong

3. For (3):

You may file a certified copy ofthe certificate issued by the Hong Kong Law Society.

The date of passing the examination should be the date on which you sat the examination in
which you obtained a pass.

If you were required to pass more than one examination, the date of passing the examinations
should be the date on which you sat the last of all the examinations you were required to sit
and obtained a pass.

4. The name that appears in your Hong Kong identity card and if not available, your passport
will be used on the Roll of Solicitors and you may be asked to make a statutory declaration if
the name on other documents does not correspond with that in the Hong Kong identity card or
passport.

5. Any attachments to your Form 1C must be certified as follows -

"This is a true copy of the ........ referred to in paragraph ......of the


declaration of ............................. made before me
this .......................day of...............

Commissioner for Oaths I Solicitor"

6. Your declaration must not be witnessed by a solicitor who is an employee or principal in


the same firm as you.

(All applicants should file a certified copy of his or her Hong Kong Identity Card with their
application for record purposes.)

59
The Law Society ofHong Kong

2. Form 5

Form 5 [rules 4 & 111

ADMISSION AND REGISTRATION RULES

AFFIDAVIT OF IDENTITY

I. .................................. of
Hong Kong, Solicitor, make oath and say (or solemnly and sincerely declare and affirm) as
follows-

1. The photograph attached hereto and marked" "is a


true likeness
of...........................................of.................................................................
Hong Kong, a ........................................................................*, the applicant herein.

2. I have examined [Hong Kong Identity Card No................................] [passport


No. .......................]# of the said ...................................................and I am satisfied
that from such examination that he/she is the person shown in the photograph attached
hereto and that he/she is the applicant in these proceedings.

SWORN / DECLARED at ...................Hong Kong)


this ...... day of ..........................................................)

Before me

Commissioner for Oaths / Solicitor.

*
Please insert relevant profession (e.g. barrister / solicitor / advocate / notary etc.) and the relevant court / bar
/ chamber.

# Delete whichever is inapplicable.


The Law Society ofHong Kong

Personal Information Collection Statement

The personal data collected in this Affidavit ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing of the application for admission as solicitor by the individual
whose identity is the subject of this Affidavit under the Legal Practitioners
Ordinance(Chapter 159)("the Application") and related matters;
(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance(Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects
for which the Society is established.

It is obligatory for you to supply the Society with the data requested in this form of
Affidavit except as otherwise indicated. The consequence for you if you fail to supply
such data is that the Society will not be able to process the Application.

The data may be provided to such persons within the Society whose proper business it
is to have access to and assist in receiving this Affidavit and the processing of the
Application and related matters. The data may also be provided to other persons who
may help the Society in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/F,
Wing On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

61
The Law Society ofHong Kong

NOTES FOR COMPLETING FORM 5

The Affidavit of Identity (Form 5) should not be made by you. It should be sworn or declared by a
solicitor who is able to confirm the matters as stated in Form 5 before a Commissioner for Oaths or
another solicitor who is not an employee of the same firm.
The Law Society ofHong Kong

3. Sample Form 3

Form 3 [rule 3(5)]

ADMISSION AND REGISTRATION RULES

CERTIFICATE OF ELIGIBILITY FOR ADMISSION AS A SOLICITOR

THIS IS TO CERTIFY THAT

of..............................................................................................................................................

(1) on the ..................day of ................................applied under rule 3(1) of the


Admission and Registration Rules (Cap. 159 sub. leg. B)for a certificate of eligibility
for admission as a solicitor on the basis of compliance with section 4(1)(b) of the
Legal Practitioners Ordinance(Cap. 159); and

(2) has satisfied the Society that -

(a) he/she has been admitted as a ..........................................................................#


in ..............................................................................................................#;

(b) his/her name remains on the roll of solicitors / advocates / attorneys* and
he/she is not suspended from practising in that jurisdiction;

(c) he/she

has resided in Hong Kong for at least 3 months immediately before the date on
which he/she applied for a certificate as stated in paragraph (1)of this Form;

S.

intends to reside in Hong Kong for at least 3 months immediately after his/her
admission;

OR*

has been ordinarily resident in Hong Kong for at least 7 years;

OR*

has been present in Hong Kong for at least 180 days of each of at least 7 years;

and

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The Law Society ofHong Kong

(d) is in other respects fit to be a solicitor.

Dated this ................ day of .....................................

(Sgd.) ...............................................................
for The Law Society of Hong Kong.

# Please insert relevant profession (e.g. solicitor / advocate / attorney etc.) and the relevant jurisdiction.

*
Delete whichever is inapplicable.

MI
The Law Society ofHong Kong

4. Sample Notice of Motion

IN THE HIGH COURT OF HONG KONG


COURT OF FIRST INSTANCE

IN THE MATTER of the application of[name of applicant]* to be admitted and enrolled as a


Solicitor of the High Court ofthe Hong Kong Special Administrative Region

and

IN THE MATTER ofthe Admission and Registration Rules ofthe Legal Practitioners
Ordinance, Cap. 159 of the Laws of the Hong Kong Special Administrative Region.

NOTICE OF MOTION

To : The Registrar of the High Court of Hong Kong Court of First Instance

TAKE NOTICE that this Honourable Court will be moved on Saturday, the[ ]
day of[ ][ ] at 9.30 o'clock in the forenoon or so soon thereafter as
may be convenient to the Court by counsel or such other person as may be authorized so to
do pursuant to Rule 5 of the Admission and Registration Rules Cap. 159 for an order that the
abovenamed [name of applicant]* be admitted and enrolled as a solicitor of this Honourable
Court.

Dated the[ ]day of[

[name offirm]
Solicitors for the applicant
[address offinn]

65
The Law Society ofHong Kong

IN THE HIGH COURT OF HONG KONG


COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. OF

IN THE MATTER ofthe application of[name of applicant]* to be admitted and enrolled as a


Solicitor ofthe High Court of the Hong Kong Special Administrative Region

and

IN THE MATTER ofthe Admission and Registration Rules of the Legal Practitioners Ordinance, Cap.
159 ofthe Laws ofthe Hong Kong Special Administrative Region

NOTICE OF MOTION

Filed this[ ]clay of[

[name of firm]
Solicitors for the applicant
[address offirm]

The name appearing on the admission certificate to be issued by the High Court will be in the
same order as the name stated in the Notice of Motion

me
The Law Society ofHong Kong

5. Notice of intention to apply for a practising certificate

THE

LAWSOCIETY
OF HONG KONG

ff

I II IWVYI[IIiiI I'll)J 1OJI OJE


NOTICE OF INTENTION TO APPLY FOR A PRACTISING CERTIFICATE

(If there is insufficient space provided for your answer, please continue on a separate sheet of
paper, specifying the question number to which your answer relates, and add your signature.)

1. Name:

2. Address:
Office:

Home:

3. I intend to apply for a practising certificate after the expiry of 6 weeks from the date of
lodging this form with The Law Society of Hong Kong.

4. (1) I provide the following information in connection with my intended application:

(a) This is my first application for the issue of a practising certificate in Hong Kong.
YES/NO*

(b) I have been censured or ordered to pay a penalty or costs by the Solicitors
Disciplinary Tribunal constituted under section 9B of the Legal Practitioners
Ordinance(Cap. 159) since I was last issued a practising certificate.
YES/NO*

If"YES,provide full details.

(c) I have been notified in writing by The Law Society of Hong Kong that I have
failed or refused to give a sufficient and satisfactory explanation in relation to my
conduct since I was last issued a practising certificate.
YES/NO*

The date upon which such notice was given to me was ......................................

67
The Law Society ofHong Kong

(d) I have been suspended from practice since I was last issued a practising
certificate.
YES/NO*

If "YES" and the period of suspension has expired, provide full details and state
the date upon which your period of suspension expired.

(e) I have had my name removed from or struck off the roll of solicitors since I was
last issued a practising certificate.
YES/NO*

If "YES" and your name has been restored to the roll of solicitors, provide full
details and state the date upon which your name was restored.

(f) I have become bankrupt since I was last issued a practising certificate.
YES/NO*

If "YES" and you have been discharged from bankruptcy within the meaning of
the Bankruptcy Ordinance (Cap. 6), provide full details and state the date upon
which you were discharged.

(g) A judgment in Hong Kong or elsewhere involving the payment of money has
been given against me since I was last issued a practising certificate.
YES/NO*

If 'YES", provide full details including whether the judgment is still outstanding,
and if it has been satisfied, evidence of that fact.

(h) I have been in full-time practice of law for 2 continuous years immediately prior
to the date of this notice.
YES/NO*

If "YES", provide full details of the firm(s) in which you have been engaged in
practice or the organization(s) by whom you have been employed specifying your
job title and the jurisdiction(s) in which you have been practising.

If "NO", provide full details of your activities during that period, including the
details of the organization(s) by whom you have been employed, specifying your
job title and whether you have been employed full-time or part-time.

(1) I was a principal in or a consultant of a finn at the time of an intervention by The


Law Society of Hong Kong under section 26A and Schedule 2 to the Legal
Practitioners Ordinance (Cap. 159).
YES/NO*

If"YES", provide full details.

(2) Tick the appropriate box(es):

(a) I am engaged in private practice in Hong Kong:


u on my own account
El in partnership
El as an assistant solicitor
o as a consultant

roM
The Law Society ofHong Kong

(b) I am employed:
o in commerce or industry
o as a law teacher
o by Government

(3) Details of all firms in which I am engaged in practice or by whom I am


employed are as follows:

FIRM / CAPACITY FULL-TIME!


ORGANIZATION PART-TIME / OThER

(4) I have commenced / ceased* to practise on my own account / in partnership*


in Hong Kong in the 12 months ending on 31 October immediately before my
application, details are as follows:

Name(s) offirm(s):

Date(s) of commencing / ceasing* practice:

I solemnly and sincerely declare that all the information given by me in this application is
true and correct to the best of my knowledge and belief and I make this solemn declaration
conscientiously believing the same to be true and by virtue of the Oaths and Declarations
Ordinance(Cap. 11).

Declared at Hong Kong this day of

Before me,

*
Delete if inapplicable.

Me
The Law Society ofHong Kong

Personal Information Collection Statement

The personal data collected in this Notice ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing of this Notice which is required for the application of a
practising certificate and related matters;
(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects
for which the Society is established.

In giving this Notice, it is obligatory for you to supply the Society with the data
requested in this Notice except as otherwise indicated. The consequence for you if
you fail to supply such data is that the Society may not be able to process this Notice.

The data may be provided to such persons within the Society whose proper business it
is to carry out the purposes above mentioned. The data may also be provided to other
persons who may help the Society in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/F,
Wing On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

70
The Law Society ofHong Kong

UFF
Iu11ui

71
The Law Society ofHong Kong

S W1
V
A W 0101

Overseas Lawyers
(Qualificationfor Admission)Rules

ARRANGEMENT OF RULES

Rule

1. Interpretation

2. General qualifications for admission under section 4(1)(b) ofthe Ordinance

3. Society to issue certificate if applicant appears to be qualified

4. Requirements for applicant from common law jurisdiction

5. Requirements for applicant from non-common law jurisdiction

6. Matters to be taken into account for purposes of sections 4(1) and 5(1)

7. The Examination

8. Applicants admitted in more than one jurisdiction

9. Appeal Procedure

10. Unsuitability of prospective solicitor

11. Forms and fees

12. (Repealed)

(02/01/15) 72
The Law Society ofHong Kong

Overseas Lawyers (Qualification for Admission) Rules

1. Interpretation

In these Rules -

applicant())means a person who seeks admission as a solicitor under section


4(l)(b) of the Ordinance;

Examination () means the Overseas Lawyers Qualification Examination which


is an assessment of competence in the subjects specified, assessed in the manner
specified, in these Rules;

jurisdiction of admission means, in relation to an overseas


lawyer, the foreign jurisdiction the law of which the overseas lawyer is entitled to
practise;

lion-common law jurisdiction EA means a jurisdiction that is not


a common law jurisdiction;

overseas lawyer(fj)means a person entitled to practise the law of a foreign


jurisdiction.

2. General qualifications for admission under section 4(1)(b) of the Ordinance

A person is qualified for admission as a solicitor under section 4(l)(b) of the


Ordinance if -

(a) he is an overseas lawyer;

(b) he is a person of good standing in each jurisdiction in which he has been


admitted; and

(c) he satisfies the requirements specified in section 4 or 5 ofthese Rules.

3. Society to issue certificate if applicant appears to be qualified

(1) An applicant must provide to the Society such evidence as the Society may
require showing that he is a person who appears to be qualified for admission
in accordance with these Rules except as regards any requirement to have
passed any part of the Examination.

(2) Subject to subsection (2A), if the Society is satisfied that an applicant appears
to be so qualified it must issue a certificate to that effect stating any subjects in
the Examination which the applicant is required to pass under these Rules.

(2A) The Society may refuse to issue a certificate under,subsection (2) where the
applicant -

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The Law Society ofHong Kong

Overseas Lawyers (Qualificationfor Admission)Rules

(a) is subject to a prohibition from attempting the Examination under


section 10(1)(a) or (1A)(a); or

(b) has previously been issued a certificate under subsection (2) and that
certificate has been revoked by the Society under section 10(1)(b) or
(1A)(b).

(3) A certificate issued under subsection (2) shall remain current for 12 months
from the date of its issue by the Society, unless the Society determines
otherwise or the certificate is revoked before the expiry of that period under
section 10.

(4) An applicant who does not hold a current certificate issued under subsection(2)
may not take the Examination.

(5) An application under subsection (3) for extension of the validity period of the
certificate issued under subsection (2) shall be accompanied by the prescribed
fee.

4. Requirements for applicant from common law jurisdiction

(1) For the purpose of section 2(c), unless the Society otherwise determines, an
applicant whose jurisdiction of admission is a common law jurisdiction and
who has had not less than 5 years of experience in the practice of the law of
any common law jurisdiction must have -

(a) completed -

(i) a bachelor's degree in law obtained from a common law


jurisdiction; or

(ii) a course of study leading to a qualification which is


substantially equivalent to that granted by a Hong Kong tertiary
institution and in addition an examination equivalent to the
Common Professional Examination Certificate of the
University of Hong Kong; or

(iii) a period of not less than 5 years as a trainee solicitor or articled


clerk,

in the course of which, or in addition to which, the applicant must have


completed courses in, or had practical experience in, Contract, Torts,
Property, Criminal Law, Equity and Constitutional and Administrative
Law or substantially similar subjects or areas; or

(b) substantially completed the requirements specified in paragraph (a),


and passed such other examinations as the Society may require in the
particular case,

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The Law Society ofHong Kong

Overseas Lawyers (Qualification for Admission)Rules

and must have passed the Examination in the subjects referred to in section
7(1)(a)(i), (iii),(iv) and (v).

(2) For the purpose of section 2(c), unless the Society otherwise determines, an
applicant whose jurisdiction of admission is a common law jurisdiction and
who has had less than 5 years of experience in the practice of the law of any
common law jurisdiction must have -

(a) satisfied the requirements specified in subsection (1)(a) (except


subparagraph (iii)) or subsection (1)(b);

(b) satisfied any one ofthe following further requirements, that is to say -

(i) the applicant has completed service as a trainee solicitor or


articled clerk, or a course of practical legal training that the
Society accepts in place of that service, as required for
admission as a lawyer in the applicant's jurisdiction of
admission, the period of which is not less than 2 years;

(ii) the applicant has had not less than 2 years of post-admission
experience (other than as a pupil) in the practice of the law of
the applicant's jurisdiction of admission; or

(iii) the applicant -

(A) has completed service as a trainee solicitor or articled


clerk, or a course of practical legal training that the
Society accepts in place of that service, as required for
admission as a lawyer in the applicant's jurisdiction of
admission, the period of which is less than 2 years; and

(B) has had post-admission experience (other than as a


pupil) in the practice of the law of the applicant's
jurisdiction of admission, the period of which is less
than 2 years,

and the aggregate of those periods is not less than 2 years; and

(c) passed the Examination in all the subjects referred to in section 7(l)(a).

(3) For the purpose of determining the length of an applicant's experience in the
practice of the law of any common law jurisdiction under subsections (1) and
(2), if an applicant has, during the 10 years immediately preceding an
application for taking the Examination or for exemption from taking the
Examination -

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(a) completed service as a trainee solicitor, articled clerk or pupil, or a


course of practical legal training that the Society accepts in place of
that service, as required for admission as a lawyer in the applicant's
jurisdiction of admission;

(b) provided legal services to the public in the capacity of a lawyer


practising the law of any common law jurisdiction; or

(c) provided legal services otherwise than to the public, in the capacity of
a lawyer practising the law of any common law jurisdiction, the nature
of which is regarded by the Society as being similar to those under
paragraph (b),

any service or training so completed or any services so provided are to be


treated as experience in the practice of the law of any common law jurisdiction.

(4) For the purpose of determining the length of an applicant's post-admission


experience in the practice of the law of the applicant's jurisdiction of
admission under subsection (2)(b)(ii) or (iii)(B), if the applicant has, during the
10 years immediately preceding an application for taking the Examination -

(a) provided legal services to the public in the capacity of a lawyer


practising the law of the applicant's jurisdiction of admission; or

(b) provided legal services otherwise than to the public, in the capacity of
a lawyer practising the law of the applicant's jurisdiction of admission,
the nature of which is regarded by the Society as being similar to those
under paragraph (a),

any services so provided are to be treated as post-admission experience in the


practice of the law of the applicant's jurisdiction of admission.

5. Requirements for applicant from non-common law jurisdiction

(1) For the purpose of section 2(c), unless the Society otherwise determines, an
applicant whose jurisdiction of admission is a non-common law jurisdiction
and who has had not less than 5 years of experience in the practice of the law
of any non-common law jurisdiction must have -

(a) passed the Examination in all written subjects; and

(b) passed the Examination in the oral subject of Principles of Common


Law.

(2) For the purpose of section 2(c), unless the Society otherwise determines, an
applicant whose jurisdiction of admission is a non-common law jurisdiction
and who has had less than 5 years of experience in the practice of the law of
any non-common law jurisdiction must have -

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(a) completed one year of full-time study in Contract, Torts, Property,


Criminal Law, Equity and Constitutional and Administrative Law, or
part-time study the nature of which is regarded by the Society as being
similar to that full-time study;

(b) passed, or received a certificate of completion or certificate of


satisfactory completion in -

(i) the Postgraduate Certificate in Laws and any other examination


or course that the Society may require (whether set by it or
approved by it); or

(ii) any other examination or course that the Society may require
(whether set by it or approved by it); and

(c) satisfied any one of the following further requirements, that is to say -

(i) the applicant has completed service as a trainee solicitor or


articled clerk, or a course of practical legal training that the
Society accepts in place of that service, as required for
admission as a lawyer in the applicant's jurisdiction of
admission, the period of which is not less than 3 years;

(ii) the applicant has had not less than 3 years of post-admission
experience (other than as a pupil) in the practice of the law of
the applicant's jurisdiction of admission; or

(iii) the applicant -

(A) has completed service as a trainee solicitor or articled


clerk, or a course of practical legal training that the
Society accepts in place of that service, as required for
admission as a lawyer in the applicant's jurisdiction of
admission, the period of which is less than 3 years; and

(B) has had post-admission experience (other than as a


pupil) in the practice of the law of the applicant's
jurisdiction of admission, the period of which is less
than 3 years,

and the aggregate ofthose periods is not less than 3 years.

(3) For the purpose of determining the length of an applicant's experience in the
practice of the law of any non-common law jurisdiction under subsections (1)
and (2), if an applicant has, during the 10 years immediately preceding an
application for taking the Examination or for exemption from taking the
Examination -

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(a) completed service as a trainee solicitor, articled clerk or pupil, or a


course of practical legal training that the Society accepts in place of
that service, as required for admission as a lawyer in the applicant's
jurisdiction of admission;

(b) provided legal services to the public in the capacity of a lawyer


practising the law of any non-common law jurisdiction; or

(c) provided legal services otherwise than to the public, in the capacity of
a lawyer practising the law of any non-common law jurisdiction, the
nature of which is regarded by the Society as being similar to those
under paragraph (b),

any service or training so completed or any services so provided are to be


treated as experience in the practice of the law of any non-common law
jurisdiction.

(4) For the purpose of determining the length of an applicant's post-admission


experience in the practice of the law of the applicant's jurisdiction of
admission under subsection (2)(c)(ii) or (iii)(B), if the applicant has, during the
10 years immediately preceding an application for taking the Examination -

(a) provided legal services to the public in the capacity of a lawyer


practising the law ofthe applicant's jurisdiction of admission; or

(b) provided legal services otherwise than to the public, in the capacity of
a lawyer practising the law of the applicant's jurisdiction of admission,
the nature of which is regarded by the Society as being similar to those
under paragraph (a),

any services so provided are to be treated as post-admission experience in the


practice of the law of the applicant's jurisdiction of admission.

6. Matters to be taken into account for purposes of sections 4(1) and 5(1)

For the purposes of sections 4(1) and 5(1), the Society, in determining that an
applicant is only required to pass the Examination in some of the subjects referred to
in those sections
-

(a) must be satisfied that the applicant has had not less than 5 years of experience
in the practice oflaw as required under section 4(1) or 5(1); and

(b) must have regard to -

(i) the nature and extent of the applicant's practical experience in the law
of Hong Kong; and

(ii) any academic or other qualifications which the applicant may have.

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7. The Examination

(1) The subjects assessed by the Examination are -

(a) by written assessment -

(i) Conveyancing;

(ii) Civil and Criminal Procedure;

(iii) Commercial and Company Law;

(iv) Accounts and Professional Conduct;

(v) Hong Kong Constitutional Law; and

(b) by oral assessment, Principles of Common Law.

(2) The Examination will be held at such times as the Society may determine.

8. Applicants admitted in more than one jurisdiction

If an applicant is an overseas lawyer in respect of more than one jurisdiction, the


applicant may, for the purposes of these Rules, elect any one of those jurisdictions as
the applicant's jurisdiction of admission.

9. Appeal Procedure

An applicant seeking the issue of a certificate by the Society under section 3 may -

(a) within one month of receiving notification from the Society of any decision of
the Society under that section, ask for his application to be reviewed upon
payment of the prescribed fee; and

(b) within 3 months of receiving notification from the Society of its decision on a
request for review under paragraph (a), apply to the Court of First Instance
which may -

(i) affirm the decision of the Society; or

(ii) make such other order as the Court thinks fit.

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10. Unsuitability of prospective solicitor

(1) If the Society at any time is not satisfied as to the suitability to become a
solicitor of an applicant to whom it has issued a certificate under section 3 it
may on such terms as it determines, impose any of the following sanctions,
that is it may—

(a) prohibit an attempt at the Examination; or

(b) revoke that certificate; or

(c) oppose admission as a solicitor.

(1A) If the Society at any time becomes aware of any misconduct in relation to an
Examination committed by an applicant taking the Examination, it may, on
such terms as it determines, impose any of the following sanctions, that is it
may -

(a) prohibit the applicant from attempting the Examination, either


permanently or for such period as the Society thinks fit;

(b) revoke the certificate issued to him under section 3;

(c) disqualify the applicant from any or all the subjects in the relevant
sitting of the Examination and annul the results of any or all subjects
taken in that sitting; or

(d) oppose his admission as a solicitor.

(2) If the Society imposes a sanction under subsection (1) or (1A) the applicant
may -

(a) within one month of receiving notification from the Society of its
decision, ask for the matter to be reviewed; and

(b) within 3 months of receiving notification from the Society of its


decision on an application for review under paragraph (a), apply to the
Court of First Instance which may -

(i) affinn the decision of the Society; or

(ii) make such other order as the Court thinks fit.

(3) If the Society has imposed a sanction under subsection (1) or (1A) the
applicant may -

(a) apply to the Society to remove the sanction;

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(b) within 3 months of receiving notification from the Society of its


decision on an application for the removal of a sanction under
paragraph (a), apply to the Court of First Instance which may -

(i) affirm the decision ofthe Society; or

(ii) make such other order as the Court thinks fit.

11. Forms and fees

(1) An applicant wishing to take the Examination must give notice to the Society
in a form approved by the Society and pay any fee prescribed for such
Examination.

(2) An applicant wishing to make an application or give notice to the Society in


accordance with these Rules must do so in a fonn approved by the Society and
pay the prescribed fee.

(3) In respect of any application made or notice given, the Society may -

(a) require the applicant to furnish such further information as it considers


necessary;

(b) require the application to be supported by such evidence as it considers


necessary, and may require facts relevant to any application to be
deposed to by statutory declaration, and may require the attendance of
the applicant for interview.

12. (Repealed)

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APPENDIX II
Overseas Lawyers
(Qualificationfor Admission)(Fees)Rules
1. Fees

The fees set forth in the Schedule are prescribed for payment in connection with
applications and examinations under the Overseas Lawyers (Qualification for
Admission) Rules (Cap. 159, sub. leg. Q)for admission under section 4(1)(b) of the
Ordinance.

2. Payment of fees

The fees shall be payable to the Society.

3. Refund of examination fees

The Council may in any particular case refund any fee paid for taking the Overseas
Lawyers Qualification Examination, less an administrative fee detennined by the
Society.

Schedule [s.1]

Fees Payable for Applications and Examinations under


the Overseas Lawyers (Qualification for Admission) Rules
(Cap. 159 sub. leg. Q)

Item Section Description Fee


$
1. 3(2) Application for certificate 3,300
(eligibility for qualification for
admission and eligibility to take or
be exempt from taking the Overseas
Lawyers Qualification Examination)

1A. 3(3) Application for extension of validity 750


period of certificate

2. 7 Taking the Overseas Lawyers Qualification


Examination -

(a) For any one subject 5,500

(b) For each additional subject 1,100

3. 9(a) Application for review of Society's 1,500


decision under section 3

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ARRANGEMENT OF RULES

Rule
Part I
Citation and Interpretation

1. Citation
2. Interpretation

Part II
Solicitors

3. Application for certificate of eligibility for admission as solicitor on the basis of


compliance with section 4
3A. (Repealed)
4. Application for admission as solicitor
5. Admission as solicitor
6. Oath on admission as solicitor
7. Fonri of roll of solicitors

Part III
Barristers

8. (Repealed)
9. (Repealed)
10. (Repealed)

Part IV
Notaries Public

11. (Repealed)
12. (Repealed)
12A. Interpretation
1213. Application for appointment as notary public
12C. Service of notice of motion on Secretary for Justice and Society of Notaries
12D. Application for relief under section 40A(4)ofthe Ordinance
12E. Appointment as notary public
12F. Registration of notary public

Part V
General

13. Exemption

Schedule. Forms

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Part!

Citation and Interpretation

1. Citation

These rules may be cited as the Admission and Registration Rules.

2. Interpretation

In these rules, unless the context otherwise requires-

(*
certificate includes a copy certificate and a duplicate certificate;

prescribed fee(TEfl)means the fee prescribed by rules made under section 72


of the Ordinance;

trainee solicitor contract( - J) includes an original trainee solicitor


contract, new trainee solicitor contract and further trainee solicitor contract.

Part!!

Solicitors

3. Application for certificate of eligibility for admission as solicitor on the basis of


compliance with section 4

(1) A person seeking to be admitted as a solicitor on the basis of compliance with


section 4(1)(a) or (b) of the Ordinance shall apply to the Society for the issue
of a certificate in accordance with subrule (4) or (5) and shall pay to the
Society the prescribed fee.

(2) An application made under subrule(1)shall be -

(a) in the case of a person seeking admission on the basis of compliance


with section 4(1)(a) of the Ordinance and of rule 20 of the Trainee
Solicitors Rules(Cap. 159 sub. leg. J) -

(i) in accordance with Form lB in the Schedule; and

(ii) accompanied by such documents as the Society may reasonably


require;

(b) in the case of a person seeking admission on the basis of compliance


with section 4(1)(a) of the Ordinance and not of rule 20 of the Trainee
Solicitors Rules (Cap. 159 sub. leg. J) -

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(i) in accordance with Form 4 in the Schedule; and

(ii) accompanied by such documents as the Society may reasonably


require; and

(c) in the case of a person seeking admission on the basis of compliance


with section 4(1)(b) of the Ordinance -

(i) in accordance with Form 1 C in the Schedule; and

(ii) accompanied by an affidavit of identity in accordance with


Form 5 in the Schedule completed by an officer of the Court
and such other documents as the Society may reasonably
require.

(3) A trainee solicitor shall apply for a certificate in accordance with subrule (1)
within 12 months after the completion of his most recent trainee solicitor
contract, or within a further period that the Council may in exceptional
circumstances allow.

(4) The Society, if it is satisfied that a person making an application under subrule
(1) is eligible for admission as a solicitor on the basis of compliance with
section 4(1)(a) of the Ordinance and has satisfied the requirements of section
4(1A) of the Ordinance, shall issue to him a certificate in accordance with
Form 2 in the Schedule.

(5) The Society, if it is satisfied that a person making an application under subrule
(1) is eligible for admission as a solicitor on the basis of compliance with
section 4(1)(b) of the Ordinance and has satisfied the requirements of section
4(1 A) of the Ordinance, shall issue to him a certificate in accordance with
Form 3 in the Schedule.

3A. (Repealed)

4. Application for admission as solicitor

(1) The person seeking to be admitted as a solicitor shall file with the Registrar a
motion paper to move the Court on such date as shall be fixed by the Registrar,
which shall not be less than 14 days after the filing of such motion paper, and
shall pay to the Registrar the prescribed fee.

(1A) A person seeking to be admitted as a solicitor on the basis of compliance with


section 4(1)(a) or (b) of the Ordinance shall file a motion paper under subrule
(1) within 2 months after the certificate was issued to him in accordance with
rule 3(4) or (5).

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(1B) A person seeking to be admitted as a solicitor on the basis of compliance with


section 4(1)(a) or (b) of the Ordinance who fails to file a motion paper within
the 2 months' limit set out in subrule (1 A)shall apply under rule 3 for another
certificate to be issued to him in accordance with rule 3(4) or (5).

(2) A motion paper filed by a person seeking admission on the basis of


compliance with section 4(l)(a) or (b) of the Ordinance shall be accompanied
by -

(a) the certificate issued to him in accordance with rule 3(4) or (5); and

(b) in the case of a person seeking admission on the basis of compliance


with section 4(l)(a) of the Ordinance, such other proof as the Court
may require of compliance by that person with section 4(IA) of the
Ordinance.

(2A) (Repealed)

(2B) (Repealed)

(3) A copy of the motion paper referred to in subrule (1) and of every document
accompanying the motion paper in accordance with subrule(2) shall be served
on the Secretary for Justice and on the Society by the person seeking to be
admitted at the time that such motion paper is filed with the Registrar.

5. Admission as solicitor

(1) On the date of hearing of the motion under rule 4 or any adjournment thereof
by the Court, the Secretary for Justice, or a member of the Society or Counsel
shall move the Court that the person concerned be admitted and enrolled as a
solicitor.

(2) The Court, upon hearing the Secretary for Justice, such member of the Society
or Counsel and upon hearing any representation which may be made by or on
behalf of the Society or of the Secretary for Justice and upon being satisfied
that the applicant is eligible for admission as a solicitor, may order that the
applicant be admitted as a solicitor or, if the Court is not so satisfied, may
dismiss the application upon such terms as regards costs or otherwise as the
Court may deem appropriate.

(3) The Registrar shall deliver to every person who is admitted as a solicitor, as
soon as is practicable after the admission of such person, a certificate of such
admission.

6. Oath on admission as solicitor

Before a person who has been ordered to be admitted as a solicitor in accordance with
rule 5(2) is so admitted, he shall subscribe the oath following-

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"I, A.B., do swear (or solemnly, sincerely and truly declare and afflrlTl) that I
will truly and honestly conduct myself in the practice of solicitor, according to
the best of my knowledge and ability. So help me God.":

Provided that in the case of a declaration or affirmation the last 4 words of such oath
shall be omitted.

7. Form of roll of solicitors

The roll of solicitors shall be in accordance with Form 7 in the Schedule.

Part III

Barristers

8. (Repealed)

9. (Repealed)

10. (Repealed)

Part IV

Notaries Public

11. (Repealed)

12. (Repealed)

12A. Interpretation

In this Part, unless the context otherwise requires, examination in relation to a


person who applies for appointment as a notary public under section 40A of the
Ordinance, means an examination prescribed under the Notaries Public(Examinations)
Rules (Cap. 159 sub. leg. AH).

12B. Application for appointment as notary public

(1) An application for appointment as a notary public shall be made by motion.

(2) A notice of motion shall be accompanied by -

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(a) a certificate issued by the Registrar certifying that the applicant has
satisfied the requirement under section 40A(1)(a)(i) ofthe Ordinance;

(b) a certificate issued by The Law Society of Hong Kong certifying that
the applicant has satisfied the requirement under section 40A(1)(a)(ii)
of the Ordinance;

(c) a certificate issued by the Society of Notaries under section 8(b) of the
Notaries Public (Examinations) Rules (Cap. 159 sub. leg. AH),
certifying that the applicant has satisfied the requirement under section
40A(1)(a)(iii) of the Ordinance;

(d) subject to subrule (4), a letter of no objection issued by the Society of


Notaries to the applicant under section 4(4) of the Notaries Public
(Qualifications for Appointment) Rules(Cap. 159 sub. leg. AJ);

(e) an affidavit that complies with subrule (3); and

(f) the prescribed application fee.

(3) The affidavit in support of an application for appointment shall include -

(a) the date of the applicant's admission as a solicitor;

(b) the period or periods in aggregate of not less than 7 years during which
he has practised as a solicitor;

(c) a description of the applicant's practice as a solicitor during the period


or periods mentioned in paragraph (b), stating the following facts or
particulars, if applicable -

(i) he practised, or is practising -

(A) as a solicitor in his own name;

(B) as a sole solicitor under a firm name;

(C) in a finn of solicitors;

(D) within a group practice according to the Solicitors


(Group Practice) Rules(Cap. 159 sub. leg. X);

(ii) he was or is employed to do the legal work of an employer who


is not a solicitor;

(iii) he was or is a member, director or employee of a solicitor


corporation;

(iv) the name of each firm, group practice, employer or solicitor


corporation mentioned in the affidavit;

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(v) his position in each firm, group practice or employer mentioned


in the affidavit;

(vi) the nature or types of work of his practice as a solicitor;

(d) the date on which the applicant passed the examination;

(e) other particulars that the applicant considers relevant to his application.

(4) If an applicant has not been issued with a letter of no objection or he has been
issued with such a letter, but it has been revoked by the Society of Notaries,
the affidavit in support of his application for appointment shall-

(a) state that fact; and

(b) exhibit the written notice served on him under section 4(8) or 6(3) of
the Notaries Public (Qualifications for Appointment) Rules (Cap. 159
sub. leg. AJ).

12C. Service of notice of motion on Secretary for Justice and Society of Notaries

As soon as practicable after an applicant has filed with the Registrar a notice of
motion and its accompanying documents, the applicant shall serve a copy of the
notice and of each accompanying document on the Secretary for Justice and the
Society of Notaries.

12D. Application for relief under section 40A(4)of the Ordinance

(1) An application under section 40A(4) of the Ordinance shall be made by


summons.

(2) The summons shall be -

(a) filed at the same time as the notice of motion referred to in rule 12B(2);
and

(b) supported by an affidavit made by the applicant stating the grounds of


the application and the evidence necessary to substantiate them.

(3) A copy of the summons and of the affidavit in support shall be served on the
Secretary for Justice and the Society of Notaries together with the notice of
motion that is served under rule 12C.

(4) An application made under this rule may be determined -

(a) either before or at the same time as the application made under rule
1213; and

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(b) with or without a hearing.

(5) As soon as practicable after the Chief Judge or the judge designated by him
under section 40A(4A) of the Ordinance has determined the application, the
Registrar shall serve a copy ofthe relevant order on the applicant.

12E. Appointment as notary public

(1) After considering an application made under rule 12B and any representations
that may be made by or on behalf of the Secretary for Justice, the Society of
Notaries or any interested party, the Chief Judge or the judge designated by
him under section 40A(2) of the Ordinance may order that the applicant be
appointed as a notary public, or he may dismiss the application on such terms
as regards costs or otherwise as he considers appropriate.

(2) The Chief Judge or the judge designated by him under section 40A(2) of the
Ordinance may determine the application with or without a hearing.

(3) As soon as practicable after a person has been appointed as a notary public,
the Chief Judge shall issue to that person a certificate of appointment in FonTn
11 in the Schedule.

12F. Registration of notary public

(1) A person who seeks to be registered as a notary public shall produce to the
Registrar-

(a) the certificate of appointment issued to him under rule 12E(3); and

(b) the registration fee prescribed under section 40C of the Ordinance.

(2) As soon as practicable after a person's name has been entered in the register of
notaries public, the Registrar shall by written notice inform the Society of
Notaries ofthat fact.

Fart V

General

13. Exemption

The Chief Judge on special grounds and upon such conditions as he may consider
necessary may exempt any person from any of the formalities prescribed by these
rules, either absolutely or for any specified period, and may reduce or abridge any of
the periods of notice prescribed by these rules upon any such conditions:

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Provided that no order shall be made by the Chief Judge under this rule in respect of a
person applying to be admitted as a solicitor unless the Society shall have been given
such notice thereof and of the date of hearing as the Chief Judge may consider
appropriate in the case and shall have been given an opportunity of being heard
thereon.

Admission and Registration (Amendment)(No.2) Rules 1994


Transitional

(1) Subject to subsection (2), where a person seeking admission on the basis of
compliance with section 4(1)(a) or (b) of the Ordinance has, before the
commencement of these Rules, given notice in accordance with rule 3(1) of the Old
Rules, the Old Rules shall continue to apply as if they had not been amended by these
Rules.

(2) A person seeking admission under the Old Rules on the basis of subsection (1) shall
file a motion paper in accordance with rule 4 ofthe Old Rules -

(a) if a certificate has not been issued to him in accordance with rule 3(2) or(3) of
the Old Rules before the commencement of these Rules, within 2 months after
the certificate was issued to him;

(b) if a certificate has been issued to him in accordance with rule 3(2) or(3)of the
Old Rules before the commencement of these Rules, within 2 months after the
certificate was issued to him, or within such further period as the Council may
in exceptional circumstances allow,

and if he fails to do so, the certificate shall cease to have effect and the Admission and
Registration Rules(Cap. 159 sub. leg.) as amended by these Rules shall apply to him.

(3) In this section -

"Old Rules" means the Admission and Registration Rules (Cap. 159 sub. leg.) which
were in force immediately before the commencement ofthese Rules.

Note:

Section 9 of Consequential amendments to Ord. No. 27 of 1998 reads as follows -

"9. Rules 11 and 12 of, and Forni 9 in the Schedule to, the Admission and Registration
Rules (Cap. 159 sub.leg.) are repealed, but nothing in this section shall be construed
as preventing the Registrar of the High Court from maintaining the register of
notaries public, either wholly or partly, in the form provided for in that rule 12 and
Form 9."

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Schedule

Forms

Form 1 [rule 3(1)]

(Repealed)

Form 1A [rule 3A]

(Repealed)

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Form lB [rule 3(2)(a)J

ADMISSION AND REGISTRATION RULES

APPLICATION FOR A CERTIFICATE OF ELIGIBILITY FOR ADMISSION


AS A SOLICITOR ON THE BASIS OF COMPLIANCE
WITH SECTION 4(l)(a) BARRISTERS -

To: The Law Society of Hong Kong,

I.....................................................................................................................................................
[full name in English and, if applicable, Chinese]

of ...................................................................................................................................................

apply for the issue to me of a certificate of eligibility in accordance with rule 3(4) of the
Admission and Registration Rules (Cap. 159 sub. leg. B).

Telephone contact number ........................................

I do solemnly and sincerely declare as follows-

(1) I have resided in Hong Kong for at least 3 months immediately before the date of this
application.

OR*
I intend to reside in Hong Kong for at least 3 months immediately after my admission.

OR*
I have been ordinarily resident in Hong Kong for at least 7 years.

OR*
I have been present in Hong Kong for at least 180 days of each of at least 7 years.

Details of my periods ofresidence are set out below -

Address Period of Residence

The attached document marked" "is a certified copy of my passport.

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Admission and Registration Rules

(2) I was admitted as a barrister in Hong Kong on the ...............day


I!
of...............................and the attached document marked" is a certified copy
of my admission certificate.

(3) The attached document marked" "is a certificate from the Bar Council referred
to in rule 20(1)(c) of the Trainee Solicitors Rules (Cap. 159 sub. leg. J) in relation to
an application for exemption from employment under a trainee solicitor contract.

(4) My name was removed from the roll of banisters in Hong Kong on the ...............day
of ..........................................and the attached document marked " is a

certificate to that effect from the Registrar of the High Court.

(5) The Law Society of Hong Kong granted me exemption from employment as a trainee
solicitor on the ........day of....................................

(6) I was not required to pass any examinations prior to applying for admission as a
solicitor.

ITtv

I was required to pass an examination / examinations* in ...............................................


prior to applying for admission as a solicitor. I passed the examination /
examinations* on the .............day of ..........................................The attached
document marked " " is a certified copy of a certificate from the authority

administering the examination.

AND I make this solemn declaration conscientiously believing it to be true and by


virtue ofthe Oaths and Declarations Ordinance(Cap. 11).

DECLARED at ...................................)
HONG KONG this .................. day of )
)
Before me,

Commissioner for Oaths / Solicitor


*
Delete whichever is inapplicable.

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Admission and Registration Rules

Personal Information Collection Statement

The personal data collected in this Application ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing ofthis Application and related matters;


(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The perfonnance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects for
which the Society is established.

It is obligatory for you to supply the Society with all data requested in this application
form except as otherwise indicated. The consequence for you if you fail to supply such
data is that the Society will not be able to process this Application.

The data may be provided to such persons within the Society whose proper business it
is to have access to and assist in the processing of this Application and related matters.
The data may also be provided to other persons who may help the Society in attaining
the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/F,
Wing On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

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Admission and Registration Rules

Form 1C [rule 3(2)(c)]

ADMISSION AND REGISTRATION RULES

APPLICATION FOR A CERTIFICATE OF ELIGIBILITY FOR ADMISSION


AS A SOLICITOR UNDER SECTION 4(1)(b)

To: The Law Society of Hong Kong,

I.....................................................................................................................................................
[full name in English and, if applicable, Chinese]

of ...................................................................................................................................................
apply for the issue to me of a certificate of eligibility in accordance with rule 3(5) of the
Admission and Registration Rules(Cap. 159 sub. leg. B).

Telephone contact number ..............................

I do solemnly and sincerely declare as follows-

(1) I have resided in Hong Kong for at least 3 months immediately before the date of this
application.

OR*
I intend to reside in Hong Kong for at least 3 months immediately after my admission.

OR*
I have been ordinarily resident in Hong Kong for at least 7 years.

OR*
I have been present in Hong Kong for at least 180 days of each of at least 7 years.

Details of my periods of residence are set out below-

Address Period ofresidence

The attached document marked" "is a certified copy of my passport.

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Admission and Registration Rules

(2) I was admitted as an attorney / a solicitor / a banister* of ......................................on


the .........day of ..........................................The attached document marked
11 ....is a certified copy of my admission certificate.

(3) I was not required to pass any examinations prior to applying for admission as a
solicitor. The attached document marked .......................is the Hong Kong Law
Society certificate to this effect.

I was required to pass an examination / examinations* in .....................prior to


applying for admission as a solicitor. I passed the examination / examinations* on
the ................day of ...........................The attached document marked ................is a
certified copy of a certificate from the authority administering the examination.

AND I make this solemn declaration conscientiously believing it to be true and by


virtue of the Oaths and Declarations Ordinance(Cap. 11).

DECLARED at ....................................)
HONG KONG this ................... day of )
.......................................)
Before me,

Commissioner for Oaths / Solicitor


*
Delete whichever is inapplicable.

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Admission and Registration Rules

Personal Information Collection Statement

The personal data collected in this Application ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing of this Application and related matters;


(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance(Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attaimnent of the objects for
which the Society is established.

In making this Application, it is obligatory for you to supply the Society with the data
requested in this application form except as otherwise indicated. The consequence for you
if you fail to supply such data is that the Society will not be able to process this
Application.

The data may be provided to such persons within the Society whose proper business it is
to have access to and assist in the processing of this Application and related matters. The
data may also be provided to other persons who may help the Society in attaining the
purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/F, Wing
On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

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Admission and Registration Rules

Form 2 [rule 3(4)]

ADMISSION AND REGISTRATION RULES

CERTIFICATE OF ELIGIBILITY FOR ADMISSION AS A SOLICITOR

THIS IS TO CERTIFY THAT

of...............................................................................................................................................

(1) on the .........day of...............................applied under rule 3(1) of the Admission and
Registration Rules (Cap. 159 sub. leg. B)for a certificate of eligibility for admission
as a solicitor on the basis of compliance with section 4(1)(a) of the Legal Practitioners
Ordinance(Cap. 159); and

(2) has satisfied the Society that he/she -

(a) has accumulated the number of CPD accreditation points that is required by
section 5 of the Continuing Professional Development Rules (Cap. 159 sub.
leg. W)to be accumulated by the end of his/her period of employment as a
trainee solicitor;

(aa)* has completed all general core courses and the minimum hours of elective
courses required under the Legal Practitioners (Risk Management Education)
Rules(Cap. 159 sub. leg. Z)during his/her employment as a trainee solicitor;

(b) has passed or obtained or been granted total exemption from the examinations
required by rule 7 ofthe Trainee Solicitors Rules(Cap. 159 sub. leg. J);

(c) has been employed as a trainee solicitor for a period of ..........months to the
satisfaction of the Society

OR*

has been employed as a trainee solicitor for a period of ..........months to the


satisfaction of the Society and has been granted a reduction of..........month(s)
from the period of the trainee solicitor contract

is exempted from employment as a trainee solicitor

in accordance with the Trainee Solicitors Rules(Cap. 159 sub. leg. J);

(d) has resided in Hong Kong for at least 3 months immediately before the date on
which he/she applied for a certificate as stated in paragraph(1)of this Form;

OR*

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Admission and Registration Rules

intends to reside in Hong Kong for at least 3 months immediately after his/her
admission;

OR*

has been ordinarily resident in Hong Kong for at least 7 years;

L.J

has been present in Hong Kong for at least 180 days of each of at least 7 years;

and

(e) is in other respects fit to be a solicitor.

Dated this .................. day of .....................................

(Sgd.) ....................................................................
for The Law Society of Hong Kong
*
Delete whichever is inapplicable.

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Admission and Registration Rules

Form 3 [rule 3(5)]

ADMISSION AND REGISTRATION RULES

CERTIFICATE OF ELIGIBILITY FOR ADMISSION AS A SOLICITOR

THIS IS TO CERTIFY THAT

of..................................................................................................................................................

(1) on the ..................day of ................................applied under rule 3(1) of the


Admission and Registration Rules (Cap. 159 sub. leg. B)for a certificate of eligibility
for admission as a solicitor on the basis of compliance with section 4(1)(b) of the
Legal Practitioners Ordinance(Cap. 159); and

(2) has satisfied the Society that -

(a) he/she has been admitted as a ...........................................................................


in ..............................................................................................................

(b) his/her name remains on the roll of solicitors / advocates / attorneys* and
he/she is not suspended from practising in that jurisdiction;

(c) he/she -

has resided in Hong Kong for at least 3 months immediately before the date on
which he/she applied for a certificate as stated in paragraph (1)of this Form;

Em

intends to reside in Hong Kong for at least 3 months immediately after his/her
admission;

has been ordinarily resident in Hong Kong for at least 7 years;

OR*

has been present in Hong Kong for at least 180 days of each of at least 7 years;

and

(d) is in other respects fit to be a solicitor.

Dated this ................ day of .................................

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(Sgd.) ....................................................................
for The Law Society of Hong Kong

Please insert relevant profession (e.g. solicitor / advocate / attorney etc.) and the
relevant jurisdiction.
*
Delete whichever is inapplicable.

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Admission and Registration Rules

Form 4 [rule 3(2)(b)]

ADMISSION AND REGISTRATION RULES

APPLICATION FOR A CERTIFICATE OF ELIGIBILITY FOR ADMISSION


AS A SOLICITOR ON THE BASIS OF COMPLIANCE WITH
SECTION 4(1)(a) TRAINEE SOLICITORS -

To: The Law Society of Hong Kong,

I.........................................................................................................................................
[full name in English and, if applicable, Chinese]

of ..................................................................................................................................................
apply for the issue to me of a certificate of eligibility in accordance with rule 3(4) of the
Admission and Registration Rules(Cap. 159 sub. leg. B).

We....................................................................................................................................

of ...........................................................................................................(the "Trainee Solicitor")

and ................................................................................................................................................

of ......................................................................................................................(the "Principal"),
do solemnly and sincerely declare as follows-

(a) I, the Trainee Solicitor for myself say as follows-

1. I have resided in Hong Kong for at least 3 months immediately before the date of this
application.

I intend to reside in Hong Kong for at least 3 months immediately after my admission.

I have been ordinarily resident in Hong Kong for at least 7 years.

OR*

I have been present in Hong Kong for at least 180 days of each of at least 7 years.

Details of my periods of residence are set out in the "First Schedule" annexed to this
application.

The attached document marked" "is a certified copy of my passport.

2. I was employed under a trainee solicitor contract by the Principal for the
period ...............................to .................................(the "Trainee Solicitor Contract").
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Admission and Registration Rules

3. Except as indicated in paragraph(s) 4 and 5*/ I have actually exclusively and bona
fide been employed as a trainee solicitor by the Principal.

4. Except as mentioned in the "Second Schedule" annexed to this application * / J have


not held any office or engaged in any employment other than the employment of the
Principal.

5. I have been absent from the office of the Principal for the period or periods mentioned
in the first column of the "Third Schedule" annexed to this application for the reasons
set out in the third column*.

6. I have complied with the requirements of rule 7 of the Trainee Solicitors Rules (Cap.
159 sub. leg. J) as to the passing of examinations.

7. I confirm that my most recent trainee solicitor contract was entered into before 1
September 1998, and that during the period of my employment as a trainee solicitor I
have learned in the office of the Principal the following basic skills and characteristics
associated with the practice and profession of a solicitor marked "X" in the
appropriate box-

(1) Drafting documents II

(2) Communication with clients and others 0

(3) Research I

(4) Office routines, procedures and costs o

LGIM

I confirm that my most recent trainee solicitor contract was entered into on or after 1
September 1998, and that during the period of my employment as a trainee solicitor I
have learned in the office of the Principal the principles of professional conduct and
the following basic skills associated with the practice and profession of a solicitor
marked 'X in the appropriate box-

(1) Communication El

(2) Practice support El

(3) Legal research 0

(4) Drafting 0

(5) Interviewing El

(6) Negotiation 0

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Admission and Registration Rules

(7) Advocacy U

8. I confirm that my most recent trainee solicitor contract was entered into before 1
September 1998, and that during the period of my employment as a trainee solicitor I
have gained reasonable experience in the office of the Principal in at least 3/2* of the
following basic legal topics being those marked IIXI! in the appropriate box (and in the
office of............................................................another person qualified under section
20 ofthe Legal Practitioners Ordinance (Cap. 159) to employ a trainee solicitor, in at
least 1 of the following basic legal topics being that / those* marked "Z" in the
appropriate box)* -

(1) Conveyancing

(2) Commercial or corporate law U

(3) Family law LI

(4) Civil litigation n

(5) Criminal litigation n

(6) Wills, Probate and Trusts LI

(7) Trade Marks, Patents, Copyrights LI

(8) Such other legal topic as may be determined


from time to time by the Society

OR*

I confirni that my most recent trainee solicitor contract was entered into on or after 1
September 1998, and that during the period of my employment as a trainee solicitor I
have gained proper training and experience in the office of the Principal in at least
3/2* of the following basic legal topics being those marked X" in the appropriate box
(and in the office of............................................................another person qualified
under section 20 ofthe Legal Practitioners Ordinance (Cap. 159) to employ a trainee
solicitor, in at least 1 of the following basic legal topics being that / those* marked
"Z" in the appropriate box)*

(1) Banking LI

(2) Civil litigation LI

(3) Commercial u

(4) Company LI

(5) Criminal litigation LI

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Admission and Registration Rules

(6) Family E

(7) Insolvency El

(8) Intellectual property E

(9) International law El

(10) Property LEI

(11) Trusts, Wills and Probate El

9. I have accumulated the number of CPD accreditation points that is required by section
5 of the Continuing Professional Development Rules (Cap. 159 sub. leg. W)to be
accumulated by the end of my period of employment as a trainee solicitor.

10.* I have completed all general core courses and the minimum hours of elective courses
required under the Legal Practitioners (Risk Management Education) Rules (Cap. 159
sub. leg. Z)during my employment as a trainee solicitor.

(b) AND I, the Principal for myself say as follows-

1. At the time of execution of the Trainee Solicitor Contract, I was and have remained
qualified under section 20 of the Legal Practitioners Ordinance (Cap. 159) to employ
a trainee solicitor.

2. I have read paragraphs 2, 3, 4 and 5 of the declaration made by the Trainee Solicitor
and the contents are true to the best of my knowledge, information and belief.

3. With regard to paragraph 7 of the declaration, I confirm that during the term of the
Trainee Solicitor Contract, I have provided the Trainee Solicitor with the opportunity
to learn in my office the basic skills and characteristics associated with the practice
and profession of a solicitor as enumerated by the Trainee Solicitor.

4. With regard to paragraph 8 of the declaration, I confirm that during the term of the
Trainee Solicitor Contract, I have provided the Trainee Solicitor with the opportunity
to gain reasonable experience in my office (and in the office of another person
qualified under section 20 ofthe Legal Practitioners Ordinance (Cap. 159) to employ
a trainee solicitor)* the basic legal topics as enumerated by the Trainee Solicitor.

5. I consider that the Trainee Solicitor is fit to be a solicitor.

AND we make this solemn declaration conscientiously believing it to be true and by


virtue ofthe Oaths and Declarations Ordinance(Cap. 11).

DECLARED at .................................... )
HONG KONG this .....................day of
.....................................)
Before me,

Commissioner for Oaths / Solicitor

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Admission and Registration Rules

FIRST SCHEDULE

Address Period ofresidence

SECOND SCHEDULE

Details of other offices / employment

THIRD SCHEDULE

Period of absence With / without consent of Principal Reasons

Note : 1. Where the Trainee Solicitor has been employed under two or more trainee solicitor contracts,
each employer shall make a separate declaration.

2. *
Delete whichever is inapplicable.

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Admission and Registration Rules

Personal Information Collection Statement

The personal data collected in this Application ("the data") will be used by the Law
Society of Hong Kong ("the Society") for the following purposes:

(i) The processing of this Application and related matters;


(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects for
which the Society is established.

It is obligatory for you to supply the Society with all data requested in this application
form except as otherwise indicated. The consequence for you if you fail to supply such
data is that the Society will not be able to process this Application.

The data may be provided to such persons within the Society whose proper business it is
to have access to and assist in the processing of this Application and related matters. The
data may also be provided to other persons who may help the Society in attaining the
purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/17, Wing
On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

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The Law Society ofHong Kong

Admission and Registration Rules

Form 5 [rules 4 & 11]

ADMISSION AND REGISTRATION RULES

AFFIDAVIT OF IDENTITY

I. .................................. of
Hong Kong, Solicitor, make oath and say (or solemnly and sincerely declare and affirm) as
follows-

1. The photograph attached hereto and marked" " is a true likeness

of ............................................of .................................................................Hong
Kong, a .........................................................................., the applicant herein.

2. I have examined [Hong Kong Identity Card No................................] [passport


No. .......................]# of the said ...................................................and I am satisfied
that flom such examination that he/she is the person shown in the photograph attached
hereto and that he/she is the applicant in these proceedings.

SWORN / DECLARED at ...................Hong Kong)


this ...... day of ..........................................................)

Before me

Commissioner for Oaths / Solicitor

* Please insert relevant profession (e.g. barrister I solicitor I advocate I notary etc.) and the relevant court
I bar / chamber.

Delete whichever is inapplicable.

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Admission and Registration Rules

Personal Information Collection Statement

The personal data collected in this Affidavit ("the data") will be used by the Law Society
of Hong Kong ("the Society") for the following purposes:

(i) The processing of the application for admission as solicitor by the individual
whose identity is the subject of this Affidavit under the Legal Practitioners
Ordinance (Chapter 159)("the Application") and related matters;
(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects for
which the Society is established.

It is obligatory for you to supply the Society with the data requested in this form of
Affidavit except as otherwise indicated. The consequence for you if you fail to supply
such data is that the Society will not be able to process the Application.

The data may be provided to such persons within the Society whose proper business it is
to have access to and assist in receiving this Affidavit and the processing of the
Application and related matters. The data may also be provided to other persons who
may help the Society in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/17, Wing
On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

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The Law Society ofHong Kong

Admission and Registration Rules

Form 6

(Repealed)

Form 7 [rule 71

ADMISSION AND REGISTRATION RULES

ROLL OF SOLICITORS

was duly admitted to practise as a Solicitor of the High Court of Hong Kong on
the .................. day of ...........................................................

Registrar,
High Court,
Hong Kong

Form 8

(Repealed)

Form 9

(Repealed)

Form 10

(Repealed)

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Admission and Registration Rules

Form 11 [rule 12E]

CERTIFICATE OF APPOINTMENT
AS NOTARY PUBLIC

I HEREBY CERTIFY THAT ................................................................


was appointed as a notary public of Hong Kong on the .........day of........................

Dated this ..................day of........................................

Chief Judge,
Hong Kong

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APPENDIX IV
Practising Certificate
(Special Conditions) Rules

ARRANGEMENT OF SECTIONS

Section

1. Commencement

2. Interpretation

3. Conditions subject to which a practising certificate may be issued

4. Matters to be considered by the Society when imposing conditions on a practising


certificate

5. Applicant to give 6 weeks prior notice of application

6. Effect ofissue of practising certificate free of conditions

7. Conditions subject to which a practising certificate may be amended

8. Matters to be considered by the Society when imposing conditions on an already


issued practising certificate

9. Effective date of amendment

10. Removal of conditions

11. Schedule amended

Schedule 1

Schedule 2

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Practising Certificate (Special Conditions) Rules

1. Commencement

(Omitted as spent)

2. Interpretation

In these Rules, unless the context otherwise requires-

Continuing Professional Development Scheme (!- i1 -f- I'J) means the scheme
referred to in section 4 of the Continuing Professional Development Rules (Cap. 159
sub. leg. W);

CPD accreditation points (W V, j! -) has the meaning assigned to that term by


section 2 of the Continuing Professional Development Rules(Cap. 159 sub. leg. W).

3. Conditions subject to which a practising certificate may be issued

For the purposes of section 6(5)(b) of the Ordinance, the conditions subject to which
the Society may issue a practising certificate to a solicitor are-

(a) in the case of a solicitor applying for the issue of a practising certificate for the
first time, any one or more of the conditions numbered 2, 6 and 7 in Schedule
1;

(b) in the case of a solicitor who has been censured or ordered to pay a penalty or
costs by the Solicitors Disciplinary Tribunal constituted under section 9B of
the Ordinance since he was last issued a practising certificate, any one or more
ofthe conditions specified in Schedule 1;

(c) in the case of a solicitor who has been invited by the Society to give an
explanation in respect of any matter relating to his conduct since he was last
issued a practising certificate and has failed or refused to give an explanation
in respect of that matter which the Council regards as sufficient and
satisfactory, and has been notified in writing by the Society that he has so
failed or refused, any one or more of the conditions specified in Schedule 1;

(d) in the case of a solicitor who has been suspended from practice since he was
last issued a practising certificate and the period of his suspension has expired,
any one or more ofthe conditions specified in Schedule 1;

(e) in the case of a solicitor who has had his name removed from or struck off the
roll of solicitors since he was last issued a practising certificate, his name has
been restored to the roll of solicitors, any one or more of the conditions
specified in Schedule 1;

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Practising Certificate (Special Conditions) Rules

(f) in the case of a solicitor who has become bankrupt since he was last issued a
practising certificate, and has been discharged within the meaning of the
Bankruptcy Ordinance (Cap. 6), any one or more of the conditions specified in
Schedule 1;

(g) in the case where a judgment in Hong Kong or elsewhere which involves the
payment of money has been given against the solicitor since he was last issued
a practising certificate, not being a judgment -

(i) limited to the payment of costs; or

(ii) as to the whole effect of which upon him he is entitled to indemnity or


relief from some other person; or

(iii) for a sum less than HK$50,000 or which has been satisfied,

any one or more of the conditions specified in Schedule 1;

(h) in the case of a solicitor who has not been in full-time practice of law for 2
continuous years immediately prior to the giving of notice of intention to
apply for a practising certificate to the Society, any one or more of the
conditions specified in Schedule 1;

(i) in the case of a solicitor who was a principal in or a consultant of a firm at the
time of an intervention of the firm by the Society under section 26A and
Schedule 2 to the Ordinance during the preceding 18 months, any one or more
of the conditions specified in Schedule 1.

4. Matters to be considered by the Society when imposing conditions on a


practising certificate

(1) In considering for the purposes of section 3 the imposition of any of the
conditions set out in Schedule 1, the Society may have regard to the
following -

(a) in the case of the condition numbered 2 in Schedule 1 -

(i) the extent of the solicitor's experience in the practice of law in


Hong Kong or elsewhere;

(ii) whether or not the solicitor is to be supervised by a solicitor


who holds an unconditional practising certificate or has
substantial experience in the practice of law in Hong Kong or
elsewhere;

(iii) where the employer is not a solicitor, the nature of the


employer's business and the work proposed to be undertaken

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Practising Certificate (Special Conditions) Rules

by the solicitor, the size of the employer's business and its legal
department;

(b) in the case of the condition numbered 3 in Schedule 1

(i) the identity and disciplinary record ofthe partners;

(ii) the nature and frequency of complaints made against the


partnership;

(iii) the number of successful claims made against any of the


partners for negligence or breach of duty;

(c) in case ofthe condition numbered 4 in Schedule 1 -

(i) the nature and frequency of complaints made against the


solicitor;

(ii) the conditions which have been placed on the solicitor's


practising certificate since his date of admission;

(iii) the solicitor's current financial circumstances.

(2) In considering for the purposes of section 3 the imposition of conditions in


relation to the issue of a practising certificate to a solicitor, the Society may
have regard to the following -

(a) in the case mentioned in section 3(b), the findings and orders of the
Solicitors Disciplinary Tribunal;

(b) in the case mentioned in section 3(c), the seriousness of the matter and
the nature and extent of the explanation, if any, given by the solicitor;

(c) in the case mentioned in section 3(d) or (e) -

(i) the findings and orders of the Solicitors Disciplinary Tribunal


or the reasons for the solicitor's suspension from practice or
removal of his name from the roll of solicitors;

(ii) the period of time that has elapsed since his suspension or the
removal of his name from the roll of solicitors;

(iii) the solicitor's activities during that intervening period;

(d) in the case mentioned in section 3(g), the amount of the judgment and
the solicitor's current financial circumstances.

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5. Applicant to give 6 weeks prior notice of application

In any case where section 3 would have effect if an application had been made, the
applicant shall not less than 6 weeks before he applies for a practising certificate give
to the Society notice in writing in Form 1 in Schedule 2 of his intention to so apply,
unless the Society or the Chief Judge otherwise orders.

6. Effect of issue of practising certificate free of conditions

Where section 3 has effect by reason of any such circumstances as are mentioned in
section 3(b), (c), (d), (e), (f), (g), (h) or (i) and a practising certificate free of
conditions is issued by the Society under the Ordinance to a solicitor, section 3 shall
not after the issue of the practising certificate have effect in relation to that solicitor
by reason of those circumstances except as regards any circumstances of whose
existence the Society is unaware at the time the certificate is issued.

7. Conditions subject to which a practising certificate may be amended

(1) For the purposes of section 6(5)(e) of the Ordinance, and subject to subsection
(2), the conditions that may be added by the Society to an already issued
practising certificate are any one or more of the conditions specified in
Schedule 1.

(2) Subsection (1) has effect in relation to a practising certificate already issued to
a solicitor in the case, and only in the case, where -

(a) in the event of an application for a practising certificate being made by


the solicitor at any time during the period for which his current
certificate is in force, this section would have effect in relation to him
by reason of any of the circumstances mentioned in section 3(b), (c),
(d),(g) or (i);

(b) the solicitor has entered into a voluntary arrangement within the
meaning of the Bankruptcy Ordinance(Cap. 6) with his creditors;

(c) the solicitor has been charged with, or convicted of

(i) an offence involving dishonesty or deception; or

(ii) an offence which in the opinion of the Council has


compromised or impaired or is likely to compromise or impair
the reputation of the profession.

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8. Matters to be considered by the Society when imposing conditions on an already


issued practising certificate

In considering for the purposes of section 7(1) the addition of any of the conditions
set out in Schedule 1 to an already issued practising certificate, the Society may have
regard to the matters set out in section 4.

9. Effective date of amendment

(1) Subject to subsection (2), the amendment shall have effect from the date when
the solicitor concerned is notified of the Society's intention to amend the
practising certificate.

(2) If the Society's decision to amend a practising certificate by adding conditions


is appealed against under section 6(9) of the Ordinance, the decision shall be
suspended in its operation as from the day on which the appeal is made until
such appeal is disposed of under section 6(11) ofthe Ordinance.

(3) Where there is pending against any judgment or order an appeal by a solicitor
which, if successful, would result in section 7 no longer being applicable to
him, the Society shall not give a notification under subsection (1) in his case
so long as the appeal is pending, unless in the opinion of the Society the
proceedings on that appeal have been unduly protracted by him or are unlikely
to be successful.

(4) Subsection (3) does not apply to the exercise of the Society's powers under
this section by virtue of section 7(2)(c).

10. Removal of conditions

Any condition imposed by the Society in accordance with these Rules shall remain in
effect until such time as the Society determines otherwise.

11. Schedule amended

(Omitted as spent)

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Schedule 1 [ss. 3,4,7 & 81

Conditions Subject to which


a Practising Certificate may be Issued

1. The solicitor shall complete a period of practice (not exceeding 24 months) as


specified by the Council under the supervision of a solicitor holding an unconditional
practising certificate.

2. The solicitor may only practise in an employment that has been approved by the
Council.

3. The solicitor may only practise in a partnership that has been approved by the Council.

4. The solicitor may only practise on his own account with the approval ofthe Council.

5. The solicitor shall not sign cheques on a client account.

6. The solicitor shall accumulate such CPD accreditation points or undertake and
complete one or more courses of the Continuing Professional Development Scheme
as specified by the Council.

7. The solicitor shall undertake additional academic or training courses or examinations


specified by the Council.

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Practising Certificate (Special Conditions) Rules

Schedule 2 [s. 5]

Forms

Form 1

THE LAW SOCIETY OF HONG KONG

NOTICE OF INTENTION TO APPLY FOR A PRACTISING CERTIFICATE

(If there is insufficient space provided for your answer, please continue on a separate sheet of
paper, specifying the question number to which your answer relates, and add your signature.)

1. Name:

2. Address:
Office:

Home:

3. I intend to apply for a practising certificate after the expiry of 6 weeks from the date
oflodging this form with The Law Society of Hong Kong.

4. (1) I provide the following information in connection with my intended


application:

(a) This is my first application for the issue of a practising certificate in Hong
Kong.
YES/NO*

(b) I have been censured or ordered to pay a penalty or costs by the Solicitors
Disciplinary Tribunal constituted under section 9B of the Legal
Practitioners Ordinance (Cap. 159) since I was last issued a practising
certificate.
YES/NO*

If 'YES,provide full details.

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Practising Certificate (Special Conditions) Rules

(c) I have been notified in writing by The Law Society of Hong Kong that I
have failed or refused to give a sufficient and satisfactory explanation in
relation to my conduct since I was last issued a practising certificate.
YES/NO*

The date upon which such notice was given to me was ............................

(d) I have been suspended from practice since I was last issued a practising
certificate.
YES/NO*

If YES" and the period of suspension has expired, provide full details and
state the date upon which your period of suspension expired.

(e) I have had my name removed from or struck off the roll of solicitors since
I was last issued a practising certificate.
YES/NO*

If"YES" and your name has been restored to the roll of solicitors, provide
full details and state the date upon which your name was restored.

(f) I have become bankrupt since I was last issued a practising certificate.
YES/NO*

If "YES" and you have been discharged from bankruptcy within the
meaning of the Bankruptcy Ordinance (Cap. 6), provide full details and
state the date upon which you were discharged.

(g) A judgment in Hong Kong or elsewhere involving the payment of money


has been given against me since I was last issued a practising certificate.
YES/NO*

If "YES", provide full details including whether the judgment is still


outstanding, and if it has been satisfied, evidence ofthat fact.

(h) I have been in full-time practice of law for 2 continuous years immediately
prior to the date ofthis notice.
YES/NO*

If "YES", provide full details of the firm(s) in which you have been
engaged in practice or the organization(s) by whom you have been
employed specifying your job title and the jurisdiction(s) in which you
have been practising.

If"NO", provide full details of your activities during that period, including
the details of the organization(s) by whom you have been employed,

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Practising Certificate (Special Conditions) Rules

specifying your job title and whether you have been employed full-time or
part-time.

(i) I was a principal in or a consultant of a firm at the time of an intervention


by The Law Society of Hong Kong under section 26A and Schedule 2 to
the Legal Practitioners Ordinance(Cap. 159).
YES/NO*

If 'YES,provide full details.

(2) Tick the appropriate box(es):

(a) I am engaged in private practice in Hong Kong:


o on my own account
o in partnership
o as an assistant solicitor
o as a consultant

(b) I am employed:
o in commerce or industry
o as a law teacher
o by Government

(3) Details of all firms in which I am engaged in practice or by whom I am


employed are as follows:

FULITThfE/
FIRM / ORGANIZATION CAPACITY PART-TIME /
OTHER

(4) I have commenced! ceased* to practise on my own account! in partnership*


in Hong Kong in the 12 months ending on 31 October immediately before my
application, details are as follows:

Name(s)of firm(s):

Date(s) of commencing! ceasing* practice:

I solemnly and sincerely declare that all the information given by me in this application is
true and correct to the best of my knowledge and belief and I make this solemn declaration
conscientiously believing the same to be true and by virtue of the Oaths and Declarations

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Practising Certificate (Special Conditions) Rules

Ordinance(Cap. 11).

Declared at Hong Kong this day of

Before me,

*
Delete if inapplicable.

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Personal Information Collection Statement

The personal data collected in this Notice ("the data") will be used by the Law Society of
Hong Kong ("the Society") for the following purposes:

(i) The processing of this Notice which is required for the application of a
practising certificate and related matters;
(ii) The exercise of the powers of the Society conferred upon it under the Legal
Practitioners Ordinance (Chapter 159) and its subsidiary legislation; and
(iii) The performance of the functions of the Society in accordance with its
Memorandum and Articles of Association and the attainment of the objects for
which the Society is established.

In giving this Notice, it is obligatory for you to supply the Society with the data requested
in this Notice except as otherwise indicated. The consequence for you if you fail to supply
such data is that the Society will not be able to process this Notice.

The data may be provided to such persons within the Society whose proper business it is
to carry out the purposes above mentioned. The data may also be provided to other
persons who may help the Society in attaining the purposes above mentioned.

Any data that is provided to anyone outside of the Society will be restricted to what is
necessary and not excessive to achieve any intended purpose.

You have the right to request access to and correction of the data. Any such request
should be addressed to the Secretary General, the Law Society of Hong Kong, 3/17, Wing
On House, 71 Des Voeux Road Central, Hong Kong.

The Privacy Policy Statement of the Society is available on its website at


www.hklawsoc.org.hk.

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APPENDIX V
THE

LAWSOCEETY HONG KONG

- f1
3/F WING ON HOUSE,71 DES VOEUX ROAD TELEPHONE(rd (852)2846 0500
CENTRAL,HONG KONG DX-009100 CENTRAL 1 FACSIMILE({I :(852)2845 0387
A 43 TF, le $M rul t4i 71 V E-MAIL( J- 15{) : sg(àhklawsoc.org.hk
$FW1 k FA 3 HOMEPAGE( jJ ) : httt://www.hklawsoc.org.hk

Index Reference:
Regulations: Legal
Practitioners Ordinance,
Practice Directions and Rules

CIRCULAR 10-66(SD) 25 January 2010

FOREIGN LAWYERS REGISTRATION


(AMENDMENT)RULES 2009

(1) Guidelines for imposition of supervision condition for Foreign Lawyers


with less than 2 years of post-qualification experience

(2) Guidelines for reduction of the requirement of a period of 2 years of post-


qualification experience in the full-time practice of foreign law under rule
5(3)(a) of the Foreign Lawyers Registration Rules

(3) Guidelines for removal of supervision condition from the certificate of


registration as a Foreign Lawyer

Foreign Lawyers Registration (Amendment)Rules 2009 ("the Amendment Rules")

Rule 5 of the Foreign Lawyers Registration Rules (the Rules) will be amended on
22 March 2010('Commencement Date") to the effect that when an applicant with less
than 2 years of post-qualification experience in the full time practice of foreign law
applies for registration as a foreign lawyer, he is required to be supervised irrespective
of whether he works in a foreign firni or Hong Kong firm.

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2. The supervisor must be admitted in the same jurisdiction upon which the applicant's
application for registration is based. He must also satisfy the Law Society that he is
competent to provide supervision to the applicant in the practice ofthat foreign law.

3. The Amendment Rules are applicable to an applicant who applies for his first
certificate of registration as a foreign lawyer or renewal of his certificate of
registration as a foreign lawyer on or after the Commencement Date.

Transitional provision

4. The Amendment Rules are also applicable to an applicant who applies for registration
as a foreign lawyer prior to the Commencement Date but the certificate of registration
has not been issued as at the Commencement Date.

Supervision proposal

5. The applicant and his supervisor must submit a supervision proposal signed by them
for consideration by the Law Society on a case-by-case basis. The supervision
proposal must include the following information:-

(a) The jurisdiction(s) of admission of the applicant, and the jurisdiction upon
which his application for registration is based;

(b) The nature and extent of the applicant's previous experience, if any;

(c) The number of months that the applicant falls short of the requirement for 2
years of post-qualification experience in the full-time practice of foreign law.
This information must be verified in writing by the firm(s) which have
previously employed the applicant. Pre-qualification experience will not be
counted towards the 2-year period;

(d) The name, standing and length of relevant experience of the supervising
solicitor or foreign lawyer;

(e) The intended field of practice of foreign law; and

(f) The duties and obligations involved in the proposed employment.

An applicant may be required to provide further information and documents to


support the application as the Law Society considers necessary at any stage of the
application for approval.

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Guidelines for reduction of the requirement of a period of 2 years of post-qualification


experience in the full-time practice of foreign law under rule 5(3)(a) of the Rules

6. An applicant may apply to reduce the requirement of a period of 2 years of post-


qualification experience in the full-time practice of foreign law under rule 5(3)(a) by
statutory declaration. The statutory declaration must include the following
information:-

(a) All periods of employment, whether with law firms or otherwise, and whether
in Hong Kong or elsewhere, stating:-

(i) exact dates of commencing and ceasing employment;


(ii) the positions held;
(iii) whether the positions were full-time or part-time;
(iv) if part-time, the average hours worked per month.

An applicant is required to exhibit certified copies of letters issued by firms or


organisations which have employed him since he first obtained his legal or
professional qualifications. The letters must provide the above information.

(b) The reason for requesting a reduction in the 2-year period; and

(c) If applicable, the reason for any gap between periods of employment.

7. The application fee is HK$2,000.

Guidelines for removal of supervision condition from the certificates of registration

8. An applicant may apply to the Law Society to remove the supervision condition from
his certificate of registration by statutory declaration. The statutory declaration must
include the following information: -

(a) All periods of employment, whether with law firms or otherwise, and whether
in Hong Kong or elsewhere, stating:-

(i) exact dates of commencing and ceasing employment;


(ii) the positions held;
(iii) whether the positions were full-time or part-time;
(iv) if part-time, the average hours worked per month.

An applicant is required to exhibit certified copies of letters issued by firms or


organisations which have employed him since he first obtained his legal or
professional qualifications. The letters must provide the above information.

(b) If applicable, the reason for any gap between periods of employment; and

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(c) Written confirmation by a principal of the firm and/or the applicant's direct
supervisor as to the exact dates of the supervised employment, the type of
work undertaken and whether it was undertaken on full-time or part-time for
the period in which his practice as a foreign lawyer was required to be
supervised under rule 5.

9. The application fee is HK$2,000.

10. This Circular is mandatory and superseded Circular 99-189(SD).

11. Replacement pages for insertion in The Hong Kong Solicitors' Guide to Professional
Conduct Volume 2 will be issued in due course.

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