ofthehongkongspecialadministrativeregion(doc142)英文-电子商务(编辑修改稿)

ofthehongkongspecialadministrativeregion(doc142)英文-电子商务(编辑修改稿)内容摘要：

e or programme established to the satisfaction of the Bar Council to further the purpose of promoting amongst the public greater awareness of their legal rights, or respect for the rule of law or otherwise promoting the objects of the Bar Association. (Circular 17/03) 23. (1) A barrister may not, without the permission of the Bar Council, bee or remain a practising barrister unless he is willing for his practice to be his primary occupation。 and he may not engage directly or indirectly in any other occupation if his association with that occupation may adversely affect the reputation of the Bar. (2) A practising barrister must not engage directly or indirectly in any other occupation if his association with that occupation may prejudice his ability to attend properly to the interests of his clients. (3) (a) A practising barrister who wishes to engage in a supplementary occupation should do so only in accordance with the general or special permission of the Bar Council. (b) Supplementary occupations for which the Bar Council has granted general permission are set out in a List of Approved Supplementary Occupations in Annex 4 to this Code. A practising barrister who wishes to engage in an occupation not listed in Annex 4 or is in doubt whether a proposed occupation is within the approved list should seek the special permission of the Bar Council before taking up the occupation. (4) (a) Save in the instance where general permission is given in Annex 4, a practising barrister may not be an executive director of a pany without seeking special permission from the Bar Council。 and he may not, as a nonexecutive director, do work for the pany which would ordinarily be done by an executive director. (b) A practising barrister may not, as a director, undertake legal work for the pany which, as a barrister, he could only undertake if instructed by a person authorised to instruct him in the matter. For example, he may not draft documents or appear for the pany in proceedings, enquiries or arbitration. (c) A practising barrister may, as a director, give to the board the benefit of his learning and experience on matters of general policy and of general legal principles which are applicable to the pany’s affairs. (d) He should ensure that his advice is patible with his position as a director and is not of the kind which he would give as a barrister advising a client. For example, it would be proper for him to draw the attention of the board to the general effect of an Ordinance on the pany’s affairs or to advise that the pany’s terms of business needed revision。 but it would be wrong for him to undertake to revise the terms of business himself. (e) He should, therefore, avoid being concerned in specific legal matters affecting the pany. There may, however, be circumstances in which it would be proper for him to give his advice in relation to a specific problem, either in a general way or as a matter of urgency. In these circumstances, he should ensure that the pany consults its solicitors as soon as the matter reaches the point at which such consultation would normally take place. (5) A barrister who is a pupil must apply himself full time to his pupillage save that a pupil may, with the approval of the Bar Council, engage in part time occupation which does not materially interfere with his pupillage. The general permission to engage in supplementary occupations in Annex 4 does not apply to barristers serving pupillage. (Circular No. 15/99) 24. A practising barrister may not use or permit the use of his professional qualification for the advancement of any other occupation in which he is directly or indirectly engaged or for private advantage, save in relation to the legal occupations listed in Annex 4. 25. A barrister may not practise unless: (a) he has or is a member of or is temporarily permitted the use of professional chambers。 or (b) he is a pupil of a practising barrister and is otherwise qualified to practise. Provided that a barrister may use such temporary chambers as may be provided or approved by the Bar Council. 26. A barrister who is a member of professional chambers must: (a) have his name exhibited at the chambers。 (b) have the right to make such use of the chambers, and of its administration and facilities, as his practice requires。 Subject to such exceptions as may be approved by the Bar Council a barrister’s private residence or any part thereof may not be regarded as professional chambers. 27. A barrister may be a member of two sets of professional chambers provided that both sets are not in Hong Kong. 28. A partnership is not permissible between practising barristers. Two or more practising barristers may agree to share professional expenses, either in proportion to their receipts or in any other way。 but they may not (save as provided in paragraphs 81 to 83) agree to share professional receipts or agree that any one or more of them shall assume responsibility for the professional work of the other or others. 29. (1) A person who intends to practise as a barrister must serve the period of approved pupillage which shall, subject to reduction by the Chief Judge, be: (a) a period of not less than 12 months in the chambers of a junior barrister who, save in exceptional circumstances established to the satisfaction of the Bar Council, has continuously practised for not less than 5 years after mencement of full practice at the Bar in Hong Kong。 or (b) a period of not less than 9 months in the Department of Justice, which may include a period not exceeding 3 months on secondment to the Legal Aid Department, so long as he has also spent a period of not less than 3 months in such service as is describ。