CODE OF CONDUCT

OF THE BAR OF

THE HONG KONG SPECIAL
ADMINISTRATIVE REGION

Adopted by the Bar Council on 20th November, 1997

Effective from May, 1998

(Updated as of 1 June 2016)

Bar Council

Hong Kong Bar Association

LG2, High Court

38 Queensway

Hong Kong

© The Bar Association of the Hong Kong Special Administrative Region 1998

All Rights of the Bar Association, the Copyright owner, are hereby reserved. This publication and/or part or parts thereof may not be reproduced, stored in any retrieval system, or transmitted in any form or by any means whether by and through electronic or mechanical means, photocopying, recording or otherwise without the prior written consent of the Copyright owner.

Neither the Bar Association nor the Publisher is responsible for any loss occasioned to any person whether acting or refusing to take or refraining from taking any action as a result of the material in this publication.

Published in May 1998

Printed by The Green Pagoda Press Ltd.

9/F., Block A&B,

Tung Chong Factory Building,

653-655 King Road,

Hong Kong

The Material in this publication has been adapted from and is whenever appropriate reproduced from “The Code of Conduct for the Bar of England and Wales” (1981 Edition) with the kind permission of the Bar Council of England and Wales.

The Legal Practitioners Ordinance, its subsidiary legislation and other legislation are reproduced with the permission of the Government of the Hong Kong Special Administrative Region.

The Law Society Circulars are reproduced with the kind permission of the Law Society of Hong Kong.

The Code of Conduct of the Bar for the

Hong Kong Special Administrative Region

is primarily based on the

Code of Conduct for the Bar of England and Wales (1981 Edition)

with variations warranted by local conditions and practice.

Paragraphs 9, 31, 33-49, 67-69, 74-79, 95-99, 109,

117-119, 128-129, 164-169, 173, 175-179

and Annexes 1-3, 15 and 17 have not been adopted.

Since the publication of this Code of Conduct

on 20 January 1983 amendments have been

and will be made from time to time.

TABLE OF CONTENTS

SUBJECT MATTER PARAGRAPH(S)

PRELIMINARY 1-3

APPLICATION OF THE CODE: FUNDAMENTAL PRINCIPLES 4-6

DISCIPLINARY PROCEEDINGS 7-11

DEFINITION 12-13

PRACTISING BARRISTERS: GENERAL PRINCIPLES 20-32

THE ACCEPTANCE OF INSTRUCTIONS 50-66

Embarrassment and Conflict of Interest 57-62

The Return of Briefs 63-66

ADMINISTRATION 70-73I

DELEGATION OF WORK 80-84

RELATION BETWEEN BARRISTERS AND

PERSONS OR BODIES INSTRUCTING THEM 90-94

PRACTICE PROMOTION 101-107

DUTY OF COUNSEL TO THE LAY CLIENT 110-116A

FEES 120-127

CONDUCT AT COURT 130-163

Dress in Court 140

Conferences and Consultations 141

Attendance of Solicitors or their Representatives in Court 142-145

Duties When Defending a Person Accused of a Crime 146-158

Duties When Prosecuting a Person Accused of a Crime 159-163A

OVERSEAS WORK AND FOREIGN LAWYERS 170-174

EMPLOYED AND NON-PRACTISING

BARRISTERS: GENERAL PRINCIPLES 180-183

COMPULSORY PROFESSIONAL INDEMNITY INSURANCE 184-187

ANNEXES

THE RULES, REGULATIONS AND BY-LAWS


ANNEXES

RELEVANT

NO. SUBJECT MATTER PARAGRAPH(S)

1. (Not Adopted)

2. (Not Adopted)

3. (Not Adopted)

4. List of Approved Supplementary Occupations 23

4A. List of Approved Occupations 23

5. Duties of and Guidelines for Pupil Masters and Pupils 30

6. Rules for the Acceptance of Instructions by Senior Counsel 51

7. Conflict of Interest * Connection with Client 58, 60

8. Conflict of Interest * Connection with Court or Tribunal 59

9. Chambers * Notices of Change of Address, etc. 101

10. Extract from the Legal Aid Regulations,

Cap.91 Regulation 12(7) & (8) 115

11. Notes for Guidance on Dress in Court 140

12. Guidance for Prosecution Counsel on the Attendance of

Witnesses at Conferences 142

13. Confessions of Guilt 149

14. Overseas Practice Rules of the Bar 172

15. (Not Adopted)

16. Dual Qualification Rules 174

17. (Not Adopted)

18(i) Reproduction of Circular No. 6/81 issued by

the Law Society of Hong Kong re “Payment of Counsel’s Fees”

and “Marking of Counsel’s Diary”

(ii) Reproduction of Circular No. 27/97 issued by

the Law Society of Hong Kong re “Solicitors personally

responsible for Barristers’ fees” (Revision of Principle) 127

(iii) Terms of Reference and Procedure of the Joint Tribunal 127

19. Direct Professional Access Rules and

Recommended Standard Terms of Engagement 50(b)

19A. Direct Professional Access Rules and

Recommended Standard Terms of Engagement for

Direct Access by Arbitrators 50(b)

19B. Direct Professional Access Rules and

Recommended Standard Terms of Engagement for

Direct Access by Members of the Taxation Institute of Hong Kong 50(b)

19C. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work for Members

of the Hong Kong Institute of Surveyors 50(b)

19D. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for the Office of the Ombudsman 50(b)

19E. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for the Legal Aid Services Council 50(b)

19F. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for the Office of the Privacy Commissioner for Personal Data 50(b)

19G. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for the Estate Agents Authority 50(b)

19H. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for the Equal Opportunities Commission 50(b)

19I. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for Members of the Hong Kong Institution of Engineers 50(b)

19J. Recommended Standard Terms of Engagement of a Barrister

Undertaking Direct Professional Access Work

for Members of the Financial Dispute Resolution Centre 50(b)

20. Acceptance of Brief or Instructions Directly from

Persons Authorised by Custom or the Bar Council 50(a) & (b)

PRELIMINARY

1. Respect for the law and for the freedom of the individual citizen depend to a large extent on the maintenance of high standards by all who practise in the Courts.

2. Amendments and additions to this Code may be made by the Bar in General Meeting or alternatively by resolution of the Bar Council, which shall be operative upon such date as the resolution shall appoint, but may be revoked or amended by the Bar in General Meeting. Amendments and additions will be published from time to time in such manner as the Bar Council may determine.

3. Existing rulings of the Bar Council which have not been embodied in this Code or its Annexes remain available for guidance. The “Conduct and Etiquette at the Bar” by W.W. Boulton also remains available for guidance but only in respect of matters not embodied in this Code.

APPLICATION OF THE CODE: FUNDAMENTAL PRINCIPLES

4. Every barrister whenever called to the Bar, whether in practice or not, should uphold at all times the standards set out in this Code, the dignity and high standing of the profession of barrister and his own standing as a member of it.

5. The Bar Council has no jurisdiction over the conduct of students from the Faculties of Law of the University of Hong Kong or the City University of Hong Kong or elsewhere employed during the summer vacation or of barristers’ clerks or any employees; but

(a) a barrister is responsible for acts and omissions by his clerk or any employee, when acting on his behalf; and

(b) a barrister who takes a pupil (whether called to the Bar or not) should supervise his professional conduct during pupillage.

6. It is the duty of every barrister

(a) to comply with the provisions of this Code and with the undertakings (if any) which he made on his call to the Bar;

(b) not to engage in conduct (whether in pursuit of his profession or otherwise) which is dishonest or which may otherwise bring the profession of barrister into disrepute, or which is prejudicial to the administration of justice;

(c) to observe the ethics and etiquette of his profession;

(d) if a practising barrister, or an employed barrister acting under paragraph 1 83 of this Code, to be competent in all his professional activities.

DISCIPLINARY PROCEEDINGS

7. Serious failure to comply with the duties set out in paragraph 6 shall be professional misconduct and, if so found by a Barristers Disciplinary Tribunal, shall render the barrister liable to be punished in accordance with the provisions of the Legal Practitioners Ordinance, Cap. 159. (Circular No. 57/93)

8. Any failure to comply with the duties set out in Paragraph 6 which does not, in the opinion of the Bar Council, amount to professional misconduct shall be a breach of proper professional standards and, if established to the satisfaction of the Bar Council, shall render the barrister liable either (a) to be ordered to attend upon the Chairman or some other person nominated by the Bar Council in order that he should be (1) admonished or (2) given appropriate advice as to his future conduct or (b) to be admonished by letter from the Chairman.

[The next paragraph number is 10.]

10. It is the duty of a barrister:

(a) to respond to any requirement from the Bar Council for comments or information or to attend the Special Committee on Discipline or any other nominated or appointed person when required to do so by the Bar Council, (Circular No. 06/94)

(b) to attend proceedings before a Barristers Disciplinary Tribunal when so required,

(c) to attend upon the Chairman or other nominated or appointed person when required to do so by the Bar Council under paragraph 8 above.

11. A barrister must report to the Bar Council if he is convicted of a criminal offence which involves dishonesty or which may bring the profession into disrepute. In case of doubt the offence should be reported.

DEFINITION

12. In this Code (except for paragraph 140), the expression “Court” includes any court or tribunal or any other person or body whether sitting in public or private before whom a barrister appears as an advocate and save and unless otherwise provided words in the masculine gender include the feminine gender and where necessary words in the singular include the plural.

13. In this Code the expressions “professional chambers” and “chambers” mean premises used by one or more barristers to carry on their practices and not shared with persons who are not barristers. For example, business centres or other premises shared with persons who are not barristers are not professional chambers as defined in this Code. (Circular No. 019/04)

[The next paragraph number is 20.]

PRACTISING BARRISTERS - GENERAL PRINCIPLES

20. Subject to paragraph 32, a practising barrister is a barrister who has been admitted to practise in Hong Kong and who is entitled and holds himself out as willing to appear in a court on behalf of a client or to give legal advice or services to a client; but is not an employed barrister.

21. A practising barrister is bound to accept any brief to appear before a Court in the field in which he professes to practise at his usual fee having regard to the type, nature, length and difficulty of the case. Special circumstances such as a conflict of interest or the possession of relevant and confidential information may justify his refusal to accept a particular brief.

22. A practising barrister may not, whether or not he is acting for a fee, supply legal advice or service to the public or to a section of the public otherwise than in the course of his practice save in the following circumstances:

(1)  supplying legal advice or service in any country outside Hong Kong if the rules in force in that country permit barristers to do so;

(2)  lecturing, teaching, writing or editing of legal text books or of articles in newspapers or journals;

(3) giving advice on legal matters free to a friend or relative;

(4)  participating in the Duty Lawyer Service Free Legal Advice Scheme;

(5)  acting as unpaid or honorary legal adviser to any charitable, benevolent or philanthropic institution;

(6)  the giving by a barrister who is a non-executive director of a company or a trustee or governor of a charitable, benevolent or philanthropic institution or a trustee of any private trust to the other directors, trustees or governors (as the case may be) of the benefit of his learning and experience on matters of general policy and of general legal principle applicable to the affairs of the company, institution or trust.

(Circular 15/99)

(7)  subject to the prior approval of the Bar Council, giving advice on legal matters free in a scheme 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, or save as provided for in Annex 4A to this Code, become 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.

(Circular No. 009/09)

(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 and in the List of Approved Occupations in Annex 4A to this Code. A practising barrister who wishes to engage in an occupation not listed in Annex 4 or Annex 4A 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. (Circular No. 009/09)

(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 company without seeking special permission from the Bar Council; and he may not, as a non-executive director, do work for the company which would ordinarily be done by an executive director.