則理事會在接獲律師、實習律師或任何其他人的申請後,可按其認為 適當的條件終止該實習律師合約,並可決定就本條例而言,該名實習律師 受僱期間的那一段時間(如有的話)屬有效。
the Council may, on application of the solicitor, the trainee solicitor or any other person, terminate the trainee solicitor contract on such terms as it shall think fit and may determine what, if any, of the period of employment of the trainee solicitor shall be effective for the purposes of this Ordinance.
如僱用一名實習律師或以他的導師的身分行事的律師在實習律師合約 屆滿前破產,或因債項而被監禁並在監獄中逗留超過21天,則法院在接獲 任何人的申請後,可命令實習律師合約須予終止,或以該法院認為適當的 條件及方式轉讓予另一名律師。
If a solicitor who employs a trainee solicitor or acts as his principal becomes bankrupt before the expiration of the trainee solicitor contract or is imprisoned for debt and remains in prison for more than 21 days, the Court, on the application of any person, may order the trainee solicitor contract to be terminated or to be assigned to another solicitor on such terms and in such manner as the Court thinks fit.
律師會透過由該會為出庭發言權而委任的任何律師會會員,或透過任 何大律師,在以下情況,享有一般出庭發言權─
The Society shall have a general right of audience by any member of the Society appointed for that purpose by the Society or by any counsel, before-
(b) 在根據本條例進行而並非純粹影響大律師事宜的聆訊時,在法院 席前, (由1994年第60號第24條代替)
(b) the Court on the hearing of any matter under this Ordinance that does not solely affect barristers, (Replaced 60 of 1994 s. 24)
而在任何上述情況,不論律師會是否已出庭發言或正在謀求出庭發言 ,律師會亦須獲送達每份必需而經送交司法常務官存檔的文件的副本。
and in any such case, whether the Society has or is seeking audience or not, the Society shall be served with a copy of every necessary document filed with the Registrar.
(1) 由─
(1) The expenses incurred by-
(b) 律師會(與在律師紀律審裁組席前進行的法律程序以及與根據第13 條進行的任何上訴有關者),招致的開支,在律政司發出證明書後,可從 政府一般收入中支付予律師會。
(b) the Society, in connection with proceedings before a Solicitors Disciplinary Tribunal and any appeal under section 13, may be paid to the Society out of general revenue upon a certificate issued by the Attorney General.
(2) 律政司在信納以下各項後才可根據第(1)款發出證明書─
(2) The Attorney General shall only issue a certificate under subsection (1) if he is satisfied that-
(a) 該等開支是律師紀律審裁組或律師會(視屬何情況而定)在行使本 條例賦予或施加的權力或職責時所必須招致的;
(a) the expenses were necessarily incurred by the Solicitors Disciplinary Tribunal or the Society, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;
(b) 該等開支的款額是合理的;及
(b) the amount of such expenses is reasonable; and
(c) 該等開支不能合理地向有關的人追討,而該人的行為操守屬律師 紀律審裁組或上訴法庭(視屬何情況而定)席前所進行法律程序之標的。 (由1975年第92號第59條修訂;由1989年第46號第6條修訂;由1998年第25 號第2條修訂)
(c) the expenses could not reasonably be recovered from the person whose conduct is the subject of the proceedings before the Solicitors Disciplinary Tribunal or the Court of Appeal, as the case may be. (Amended 92 of 1975 s. 59; 46 of 1989 s. 6)
(3) 在本條中,“開支”(expenses) 包括證人的開支及費用、大律師 的費用、律師的費用、核數師的費用,以及其他收費及代墊付費用。
(3) In this section, ""expenses"" (開支) includes witnesses' expenses and fees, counsel's fees, solicitor's fees, auditor' s fees and other charges and disbursements.
如本條例的條文與律師會的組織章程大綱及章程細則的條文有任何抵 觸,須以本條例的條文為準。
In the case of any inconsistency between the provisions of this Ordinance and the Memorandum and Articles of Association of the Society the provisions of this Ordinance shall prevail.
(1) 除第(2)款另有規定外,凡有以下情況,附表2所賦予的權力即可 予行使─
(1) Subject to subsection (2), the powers conferred by Schedule 2 shall be exercisable where-
(a) 理事會有理由懷疑以下的人不誠實─
(a) the Council has reason to suspect dishonesty on the part of-
(iii) 已去世律師或外地律師的遺產代理人,而不誠實是與該律師或 外地律師的執業業務有關的,或是與緊接該律師或外地律師的去世日期前 該律師或外地律師作為一名受託人的任何信託有關的,或是與該律師或外 地律師曾經作為一名受託人的任何信託有關的,
(iii) the personal representatives of a deceased solicitor or foreign lawyer, in connection with that solicitor's or foreign lawyer's practice or in connection with any trust of which that solicitor or foreign lawyer immediately before the date of his death or formerly was a trustee,
而理事會認為該等權力是為了公眾的利益或該律師或外地律師的當事 人的利益而行使的;
and the Council considers the exercise of those powers is in the interests of the public or the clients of the solicitor or foreign lawyer;
(b) 理事會認為某名已去世律師或外地律師的遺產代理人在與該律師 或外地律師的執業業務有關事項上或在與任何受控制信託有關事項上有不 當延誤,而該已去世律師或外地律師在緊接他去世前是以個人名義執業或 是在律師行名下執業為獨營律師或外地律師的;
(b) the Council considers that there has been undue delay on the part of the personal representatives of a deceased solicitor or foreign lawyer who immediately before his death was practising as a solicitor in his own name or as a sole solicitor or foreign lawyer under a firm name in connection with that solicitor's or foreign lawyer's practice or in connection with any controlled trust;
(c) 理事會信納某名律師或外地律師沒有遵從憑藉第73(1)(b)或73A條 訂立的規則;
(c) the Council is satisfied that a solicitor or foreign lawyer has failed to comply with rules made by virtue of section 73(1)(b) or 73A;
(d) 某名律師或外地律師已破產或已與其債權人訂立《破產條例》(第 6章)所指的自願安排; (由1998年第27號第7條修訂)
(d) a solicitor or foreign lawyer has become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); (Amended 27 of 1998 s. 7)
(f) 理事會信納某名以個人名義執業或在律師行名下執業為獨營律師 或外地律師的律師或外地律師,因疾病或意外而喪失工作能力至不能夠處 理他的執業業務;
(f) the Council is satisfied that a solicitor or foreign lawyer who practises as a solicitor in his own name or as a sole solicitor or foreign lawyer under a firm name is incapacitated by illness or accident to such an extent as to be unable to attend to his practice;
(g) 藉《精神健康條例》(第136章)第10D條(緊急情況權力)或該條例 第11條(受託監管人的委任)所賦予的權力,已就某名律師或外國律師而行 使; (由1998年第25號第2條代替)
(g) the powers conferred by section 10D of the Mental Health Ordinance (Cap 136) (emergency powers) or section 11 of that Ordinance (appointment of committee) have been exercised in respect of a solicitor or foreign lawyer; (Replaced 25 of 1998 s. 2)
(h) 某名律師的姓名已從律師登記冊上刪除或剔除,或某名律師已被 暫時吊銷執業資格,或某名外地律師的註冊已被取消或暫時吊銷;
(h) the name of a solicitor has been removed from or struck off the roll or a solicitor has been suspended from practice or the registration of a foreign lawyer is cancelled or suspended;
(i) 理事會信納某名以個人名義執業或在律師行名下執業為獨營律師 或外地律師的律師或外地律師已放棄執業;
(i) the Council is satisfied that a solicitor or foreign lawyer who practises as a solicitor in his own name or as a sole solicitor or foreign lawyer under a firm name has abandoned his practice;