of the goods or things can give notice of claim to . Under Sections 48(1) and 48(2), Dutiable Commodities Ordinance, Chapter 109, Laws of Hong Kong (Opens a new window) , the goods or things mentioned in Section 15(1)(a), (b), (c) and (d) (Opens a new window) seized by Customs and Excise Department are liable to forfeiture. Barristers are trained in common law and are thus well-versed in the Hong Kong legal system as well as other common law jurisdictions around the world. Found inside – Page 284The Law Society of Hong Kong, the professional association for solicitors in Hong Kong, was incorporated in 1907 as a ... the profession to the government and others • to provide services to its members The Legal Practitioners Ordinance ... Found inside – Page 38The Faculty of Law at The University of Hong Kong, 1969–2019 Christopher Munn. Practitioners Ordinance 1964 gave the society disciplinary control over solicitors and their articled clerks and other employees, including clerks and ... Legal Practitioners Ordinance. According to Article 10 of the Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China, a party in arbitral proceedings is obliged to put forward foreign law should he choose to apply foreign law[1] . [4] An application must be made towards Hong Kong courts for such an execution, and thus barristers in Hong Kong can provide relevant assistance for their clients. 1) [2012] 4 HKLRD 1. Owing to its geographical advantage of being in the centre of Asia, Hong Kong is a popular venue for dispute resolution. Hong Kong Bill of Rights Ordinance (Cap 383) Hong Kong Court of Final Appeal Ordinance (Cap 484) Housing Ordinance (Cap 283) Immigration Ordinance (Cap 115) . The Basic Law of the Hong Kong Special Administrative Region (SAR), as well as other laws and policies, states that residents have freedom of conscience; freedom of religious belief; and freedom to preach, conduct, and participate in religious activities in public. In 2004, the PRC Ministry of Justice issued the“Administrative Measures for Hong Kong and Macau Practitioners Employed by Mainland Law Firms as a Legal Consultant” in accordance with the Closer Economic Partnership Arrangement (CEPA). of the goods or things can give notice of claim to . Has Hong Kong adopted the wrong COVID-19 strategy? The Ordinance applies when mediation is conducted at least partially in Hong Kong or pursuant to a written agreement to mediate which refers to the law of Hong Kong or the Ordinance itself. 159AC), a foreign lawyer is qualified for admission as a barrister in Hong Kong if he, Pursuant to section 27(2)(b) of the Legal Practitioners Ordinance (Cap. a 'legal practitioner' is a person who holds a current practising certificate. How should the Testing be done? [1] Legal Practitioners Ordinance (Cap 159) ss2 and 3. As long as you are only acting for your principal and not offering legal services to the public, its common to use inhouse titles such as General Counsel, Legal Counsel, Sr Legal Counsel, Legal Advisor ect. Hong Kong e-Legislation ( HKeL) is the official database of Hong Kong legislation. 609), building upon the basis of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, unifies the rules of both Hong Kong arbitration and international arbitration systems and Not unfamiliar to foreign investors, these rules are acceptable to both Chinese and foreign parties. 159), a foreign lawyer may be admitted, on an ad hoc basis, as a barrister for the purpose of any particular case or cases, if the Court considers that he is a fit and proper person to be a barrister and is satisfied that he has substantial experience in advocacy in a court and has the qualification acquired outside Hong Kong to engage in work that would, if undertaken in Hong Kong, be similar to that undertaken by a barrister in the course of ordinary practice as a barrister in the High Court or Court of Final Appeal. The relevant legislation is section 50B(2) of the Legal Practitioners Ordinance; Rule 12 of the Foreign Lawyers Registration Rules; the Information Package for Registration as a Foreign Lawyer. It is thus an ideal location for conducting arbitration. 25) Landlord And Tenant (Consolidation) Ordinance (Cap.7), 2018; Legal Practitioners Ordinance (Cap. Legal officers who have satisfied the eligibility requirements under section 31(A) of the Legal Practitioners Ordinance deserve the same opportunity for consideration to be appointed Senior Counsel as recognition of their . If the legal profession of Hong Kong, and of China, can collaborate and work together with sincerity, this will no doubt continually be a tremendous contribution towards the rule of law of Greater China. [2] The Hong Kong Bar Association's Overseas Practice Rules, Annex 14 Paragraph 2. If Mainland businesses wish to resolve disputes in China through litigation or arbitration, foreign parties will predictably be hesitant in doing so. With the increased commercial activity involving foreign parties, disputes revolving such commercial activity dealt with by the Chinese courts often draw in legal issues relating to Hong Kong law. Author: P.Y.Lo. A foreign lawyer can obtain a limited licence entitling him or her to offer advisory services in foreign and international law (ie become a foreign legal consultant). Lastly, Hong Kong possesses cultural, historical, geographical advantages, and benefits from the ease of communication and wide-reaching international networks. I called the law society and they advised as long as I work for a corporation and not private practice, the term legal counsel can be used but they didn't explain much, can anybody pls help as I just don't want to break any rules here. [1] Legal Practitioners Ordinance (Cap 159) ss2 and 3. 159), a person who applies for admission as a barrister in Hong Kong would also have to satisfy one of the following residency requirements, namely that he. Short title This Ordinance may be cited as the Legal Practitioners (Amendment . If so, how? It is however safe to say that the judgment in the above case may prompt Hong Kong lawyers and their clients to review their dispute resolution terms. LEGAL PRACTITIONERS (AMENDMENT) ORDINANCE HONG KONG SPECIAL ADMINISTRATIVE REGION Ord. Legal advice and assistance can be sought directly from barristers in Hong Kong when mainland businesses and lawyers encounter problems involving Hong Kong law, international commercial law and disputes involving foreign parties. I got a question regarding the use of title "Legal Counsel" in HK. Unlike some other common law jurisdictions such as the United Kingdom and Australia, neither contingency nor conditional fee arrangement is allowed in Hong Kong under The Hong Kong Solicitors' Guide to Professional Conduct, the Code of Conduct of the Bar, and Legal Practitioners Ordinance. Prohibition of non-lawyer control in law firms. Mainland lawyers will deal with issues relating to Chinese law and Chinese judicial procedures, while foreign lawyers will deal with issues relating to foreign jurisdictions and provide strategic advice on such. Opps, Legal Counsel and Legal Practitioners Ordinance, Household: Appliances, Decor, Used Furniture & More, Personal Items: Books, Bikes, Watches, Sports Equipment, Etc, Advice on Annual Leave under the Employment Ordinance. (ii) practised as a barrister in Hong Kong; (iii) practised as a legal officer within the meaning of section 2 of the Legal Officers Ordinance (Cap. As the Hong Kong Ordinance is so similar to that of England and Wales, in particular s7 MPPO with s25 Matrimonial Causes Act 1973, the case law is also very similar and practitioners in England will be familiar with the cases cited in Hong Kong judgments. In South Australia, on the other hand, a 'legal practitioner' (as defined under the Legal Practitioners Act 1981 (SA)) is a person enrolled on the roll of the Supreme Court, or an interstate legal practitioner who practises in the profession of the law in the . The relevant legislation includes the Foreign Lawyers Registration Rules. Moreover, the self-employed nature of barristers also allows for flexibility in terms of the charging of fees. As such, the issue of conflict of interest does not usually arise while instructing barristers. 3, 2019 26 Pages Posted: 3 Oct 2019 Last revised: 12 Oct 2020 Found inside – Page 63Methodology and Methods 63 the practicing barristers and solicitors in Hong Kong are equally involved in ADR processes to ... monopoly of higher-court advocacy is threatened since an amendment to the Legal Practitioners Ordinance (Cap. Hong Kong is a signatory of the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards), and accordingly a mainland award is enforceable in Hong Kong. Financial Institutions (Resolution) Ordinance (Cap.628) Hong Kong Basic Law; Labour Tribunal Ordinance (Cap. [3] Arbitration Ordinance (Cap. 159) Loans Ordinance (Cap.61), 2018; Mediation Ordinance (Cap. According to government statistics, in 2001 there were 49,144 live births and hospitals performed 20,235 abortions. Indeed, while acknowledging the supervisory jurisdiction of the court, pursuant to s. 67 of the Legal Practitioners Ordinance, the judgment is another testament to the Hong Kong courts' pro-arbitration stance; depending on the wording of the arbitration agreement, it is not only disputes as to legal fees that are arbitrable. What do AML laws and regulations mean for clients of law firms in . Hong Kong qualified solicitors regulated under the Legal Practitioners Ordinance (Cap 159) Pro Bono Legal Work In Hong Kong | 07 1 . NEAR ( (Apple, Lemon), 2, false) means to find documents having Apple within 2 words apart from Lemon. [8] The most common method of doing so is to provide the opinions of foreign legal professionals. Laws passed before 1 July 1997 were passed by the provisional legislature that sat while the outgoing . of the Legal Practitioners Ordinance, Cap. This guide on Pro Bono Legal Work in Hong Kong admirably summarises the regulatory framework in which pro bono services may be provided in this jurisdiction. BARRISTERS IN HONG KONG ARE LEGAL EXPERTS. The database comprises a total of seven consolidations of the laws of Hong Kong: 1890, 1901, 1912, 1923, 1937, 1950, and 1964 (last updated to 1989). The United Nations (Anti-Terrorism Measures) Ordinance; In addition, the Law Society of Hong Kong issued AML Guidelines for lawyers in Hong Kong under its Practice Direction P, Hong Kong Solicitor's Guide to Professional Conduct on 3 December 2007, effective from 1 July 2008. Found inside – Page 16The legal profession in Hong Kong is divided into two distinct branches – barristers (also known as “counsel”) and solicitors, both regulated by the Legal Practitioners Ordinance (Cap.159). Solicitors have limited rights of audience ... Moreover, barristers in Hong Kong are bilingual in both English and Chinese, being equally comfortable working in either language. The owner or his authorized agent etc. For the year 2009, approximately 108 full licences to practise as solicitors had been granted to foreign lawyers in this jurisdiction. Clause 4 adds to the principal Ordinance a new Part IIAAA on At this point, the participation of barristers is imperative. it is expected that the matter will be subject to the law of a jurisdiction other than Hong Kong; or. These rules are the, there are specific rules in relation to use of names by lawyers or law firms. It allows . Apart from the provision of written opinions, Hong Kong barristers may partake in the trials of the Chinese courts and arbitration courts to present the relevant legal viewpoints.[9]. As such, the ideal solution would to be seek a neutral and reliable location to conduct international arbitration, so as to allow both sides to resolve their disputes under a fair and effective environment. holds a certificate of admission as a legal practitioner from the appropriate authority in his jurisdiction of admission and such certificate is currently valid and in force; has practised for at least 3 years in his jurisdiction of admission; is a person of good standing in his jurisdiction of admission; and. has resided in Hong Kong for at least 3 consecutive months immediately before the date of his application for admission; has been ordinarily resident in Hong Kong for at least 7 years; or. Being bilingually trained, barristers in Hong Kong possess a linguistic advantage in international arbitration, greatly benefitting their clients. 159) ("the principal Ordinance") to introduce LLP for solicitors' practices in Hong Kong. There is an express rule allowing temporary practice by foreign lawyers. 159) or under rule 1A of the Solicitors . They are: The appointments are made by the Chief Justice under section 31A of the Legal Practitioners Ordinance. MR.LOBO:―Your Excellency, I am sure we all share some sense of frustration on this occasion. Having undergone strict training in the common law, barristers in Hong Kong have worked extensively on international trade contracts and legal disputes, and are thus very experienced in such an area. The practice area of Hong Kong barristers - According to Legal Practitioners Ordinance (Cap. A Hong Kong company can appoint a person as a director by passing an ordinary resolution or by a decision of the existing directors. Foreign lawyers and firms are subject to those rules that apply to them in the same way as local lawyers are subject to those rules that apply to them. solicitors and foreign solicitors as long as they don't offer services to the public? His practice is mainly in the areas of commercial law, defamation, trusts and general civil matters. Other form of practice requirements includes that Foreign Lawyers Practice Rules provide that foreign lawyers can only practise as sole proprietorships or partnerships in Hong Kong. While barristers in Hong Kong cannot act as legal representatives for their clients in mainland Chinese courts, they can still nonetheless provide expert opinion on legal issues relating to Hong Kong law involved. Found inside – Page 202The Legal Profession . Legal practitioners in Hong Kong are admitted and enrolled under the provisions of the Legal Practitioners Ordinance either as barristers or as solicitors . Consequently the profession is separated as in England . Found inside – Page 288Prepared Under the Authority of Statute Laws (revised Edition) Ordinance, 1900 Hong Kong, Sir John Worrell Carrington ... 9 Solicitors , and other matters connected with the Members of of 1899 , and 10.32 of 1899 the Legal Profession ... The Paying Party who is not satisfied with a bill of costs and wants to apply for taxation must make the application within 12 months following the receipt of such a bill (section 67 of the Legal Practitioners Ordinance). a 'legal practitioner' is a person who holds a current practising certificate. Found inside – Page 682(b) (d) (e) the Pharmacy and Poisons Ordinance (Cap. 138); (c) the Dentists Registration Ordinance (Cap. 156); the Legal Practitioners Ordinance (Cap. 159); the Medical Registration Ordinance (Cap. 161); (f) the Midwives Registration ... Conditions and restrictions on practice are detailed in the database. The relevant legislation is the Overseas Lawyers (Qualification for Admission) Rules and the Information Package for Admission as a Solicitor in Hong Kong for Overseas Lawyers. Such a person may give advice on or handle any matter in which: To offer advisory services in foreign and international law to the public in the capacity as a foreign legal consultant, the foreign legal consultant must do so from within a foreign law firm or a Hong Kong law firm. 87) or held a similar office; (iv) practised the law of any other common law jurisdiction while being qualified to do so under the law of that jurisdiction, whether or not also under this Ordinance. My question is under The Bill was passed on 14 June 2012 and will come into effect on a day to be appointed by the . This series contains all the judgements in which Bill of Rights issues are decided, and is thus an invaluable reference for legal practitioners. Cases selected on importance and relevance by our editorial team and indexed with catchwords for easier searching and browsing. Water seepage from external walls? Found inside – Page 637Hong. Kong. Bar. Association. v. Anthony. Chua. Barristers Disciplinary Tribunal A Hoo QC, S Westbrook, ... to conduct public hearing — Legal Practitioners Ordinance (Cap 159), s 35A(3) — Bill of Rights, art 10 Legal profession ... The employees with ordinance are qualified for the rights and protection mentioned in ordinance. The main provisions of the Bill are set out below. In a decision dated 10 January 2018, the Hong Kong Court of First Instance (Court) stayed its proceedings in favour of arbitration under an arbitration agreement between a firm of solicitors and its former clients.The Court held that there is nothing in Hong Kong law or public policy to indicate that a dispute between a solicitor's firm and its client over fees is not arbitrable. Found inside – Page 20... this sector in Hong Kong 54 The legal profession in Hong Kong is divided into two distinct branches – barristers (also known as “counsel”) and solicitors, both regulated by the Legal Practitioners Ordinance (Cap 159) Solicitors have ... The thesis upon which this book is based was awarded the University of Hong Kong's prestigious Li Ka Shing Prize. 159 of the Laws of Hong Kong ("the LPO").. Barristers are legal practitioners expert in advocacy and specialising in litigation. Includes Chinese judgments with headnotes. All foreign law firms must register with the Law Society before they may practise foreign law in Hong Kong. Found inside – Page 35Nevertheless, there were certain Ordinances that might affect estate agents like the Common Law, the Law of Misrepresentation, the Bribery Ordinance, the Theft Ordinance and the Legal Practitioners Ordinance. It provides free online access to current and past versions of consolidated legislation dating back to 30 June 1997 and PDF copies marked "verified copy" have official legal status. 1. The Law Society of Hong Kong is a professional association for solicitors in Hong Kong vested with statutory powers to regulate the professional conduct of solicitors, trainee solicitors and foreign lawyers. On Wednesday, 14 June 2017, two sets of amendments to Hong Kong's arbitration law were passed to clarify . Under the Basic Law, the Hong Kong SAR has autonomy in the management of religious affairs. . In general, mainland clients can instruct barristers in Hong Kong to act as legal representatives in foreign arbitration courts if the applicable law in question is Hong Kong law, provided that the foreign arbitration law and rules of the arbitral tribunal permits so. The Law Society of Hong Kong represents 12,000 solicitors. As at September 2010, approximately 1,155 limited licences had been granted to foreign lawyers in this jurisdiction. I m an Aussie practising solicitor and currently got a job offer in HK as a "Legal Counsel". In the Lujiazui Legal Forum held in November 2015, and with the support and in the witness of the Ministry of Justice and the Hong Kong Department of Justice, a memorandum of understanding in effecting such consulting arrangements was reached between the Shanghai Bar Association and the Hong Kong Bar Association. Abstract. 159). Mr Kevin . Back for the 13th run, Asian Legal Business is proud to present the Hong Kong 2016 In-House Legal Summit. In addition to the above requirements, a person who seeks admission as a barrister must have completed not less than 6 months of the period of approved pupillage which shall be a period of not less than one year in the chambers of a practising barrister (of not less than 5 years’ standing as a barrister) in Hong Kong or a period of not less than 9 months in the Department of Justice as required by sections 4(3) and 10(1) of the Barristers (Qualification for Admission and Pupillage) Rules (Cap. as a solicitor shall be guilty of an . In the free market like Hong Kong, both parties are free to negotiate and agree on the terms and conditions of employment within the scope of Employment Ordinance and other law. Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm ... The relevant legislation is included in section 39C of the Legal Practitioners Ordinance. It is believed that the Hong Kong ordinance was drafted based upon Gibraltar's due to the Attorney General of Hong Kong Denys Roberts supplying a copy of Gibraltar's ordinance which he had from when he was the Attorney General of Gibraltar in 1962. Should both parties collaborate, this will be nothing less than a perfectly complementary and a win-win situation, supplying the Chinese businesses with better and more comprehensive legal services. Discover The strengths of Hong Kong barristers - If mainland businesses or individuals encounter any legal issues pertaining to Hong Kong law, barristers may directly advise them on such issues and provide legal opinion. Such professional legal advice is helpful towards mainland businesses and clients in determining what measures to take to protect their own interests, and how the arbitration process can be fairly and effectively facilitated. Found inside – Page 340High Court and the Court of Appeal; solicitors may appear in all other courts {and in the High Court on appeals from magistrate courts {Magistrates Ordinance s. 11li{2}}, and may conduct chamber work before the Court of First Instance ... Conditions and restrictions on practice are detailed in the database. 18th Floor, North Point Government Offices. These requirements are different from the rules applicable to a local applicant, in that the Overseas Lawyers Qualification Examination is applicable only to foreign lawyers. A bill of costs is one prepared by the Receiving Party to list in detail all items of the costs claimed. Apart from litigation, barristers also frequently partake in arbitration and mediation in different capacities, including legal representatives for clients, arbitrators and mediators etc. (Aug. 17, 2020) On July 9, 2020, Hong Kong's Legislative Council passed the Employment (Amendment) Bill 2019, which will increase the statutory maternity leave for female employees from 10 weeks to 14 weeks. A foreign lawyer can obtain a full licence to practise law in this jurisdiction. 159). Found inside – Page 416Foreign lawyers do not have a right of audience before the courts of Hong Kong in individual cases. The Legal Practitioners Ordinance (Cap 159) has been amended to allow regulation of persons qualified to practise law of a jurisdiction ... ROLE OF THE MEDICAL COUNCIL OF HONG KONG The Medical Council of Hong Kong is established under the Medical Registration Ordinance. Home > Legal Developments and Cases > Updates to Hong Kong Arbitration Ordinance: third party funding and arbitration over IP rights. LLP is a new form of partnership introduced by the Legal Practitioners (Amendment) Ordinance 2012 (the "Ordinance") for solicitors firms and foreign law firms in Hong Kong. The Governing Body is the Law Society of Hong Kong. 159; or b) a foreign lawyer as defined by section 2(1) of the Legal Practitioners Ordinance, Cap. The Historical Laws of Hong Kong Online is a full-text image database providing access to past revised editions of Hong Kong Laws. The two . For the purpose of an application under section 27(4) of the Ordinance, the Revised Practice Guidelines for Admission of Overseas Counsel (Bar Circular no. The Employment Ordinance in Hong Kong states all of the important terms and conditions of employment law in Hong Kong. 159 Narcotics Division, Security Bureau. Legal Practitioners Ordinance Legal Practitioners (Fees) (Amendment) Rules 1990... 102/90 Recognition of Trusts Ordinance 1989 Recognition of Trusts Ordinance 1989 (Commencement) Notice 1990... 103/90 Marine Fish (Marketing) By-Laws Moreover, Hong Kong has a sterling reputation for its arbitration system: The Hong Kong International Arbitration Centre processed 460 cases in 2016, in which cases involving mainland claimants were of the highest ratio.
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