香港法例/HK0710 執業證書(律師)(拒絕發出證書理由)規則

For the purposes of section 6(5)(a) of the Ordinance, the grounds on which the Society may refuse to issue a practising certificate are-

(a) the applicant has failed or refused to give to the Society a satisfactory explanation of any conduct which is, in the opinion of the Society, unbecoming of a solicitor;

(b) the applicant is, by reason of his financial position, mental capacity or otherwise, unfit to practise as a solicitor.

The Society shall, before refusing to issue a practising certificate, give notice to the applicant that consideration is being given to such refusal and inviting the applicant within 14 days to make such representations in writing to the Society as he thinks fit.

The Society shall, if it refuses to issue a practising certificate, state its reasons in writing to the applicant.

In these Rules, unless the context otherwise requires-

""applicant"" (申請人) means the Bar Council or, in the event of a submission under section 35(2) of the Ordinance, such person as may be appointed by the Chief Justice under section 2;

""inquiry"" (研訊) means an inquiry under section 35A of the Ordinance;

""respondent"" (答辯人) means a barrister whose conduct is the subject of an inquiry;

""Tribunal"" (審裁組) means a Barristers Disciplinary Tribunal constituted under section 35A of the Ordinance;

""Tribunal Convenor"" (審裁組召集人) means the Tribunal Convenor appointed under section 34 of the Ordinance.

PROCEEDINGS ON AN INQUIRY UNDER SECTION 35A OF THE ORDINANCE

Where the Chief Justice submits a matter to the Tribunal Convenor under section 35(2) of the Ordinance he shall appoint a person to be the applicant for the purpose of the inquiry, and shall inform the Tribunal Convenor of the name and address of that person.

(1) Within 7 days after the appointment of persons under section 35A(1) of the Ordinance, the Tribunal Convenor must, by notice in writing, inform the applicant and the respondent that a Tribunal has been constituted to inquire into the respondent' s conduct.

(2) As soon as practicable after the constitution of a Tribunal, the chairman of the Tribunal must, by notice in writing, inform the applicant and the respondent of-

(a) the date, time and place of the first hearing of the inquiry; and

(b) the names of the members of the Tribunal.

(3) The chairman of the Tribunal must also, by notice in writing, inform the applicant and the respondent of the date, time and place of each subsequent hearing of the inquiry.

(a) on the respondent, by sending to him by prepaid registered post at his chambers' address or such other address as may be directed by the Tribunal-

(i) a document setting out particulars of the misconduct alleged against him in the matter as submitted to the Tribunal Convenor; and

(ii) in the case of a submission under section 35(1) of the Ordinance following a complaint to the Bar Council, a statement of the complainant if the same be available; and

(iii) statements in the possession of the applicant from any witness, in so far as the same are relevant; and

(iv) copies of documents in the possession of the applicant, in so far as the same are relevant; and

(b) on the complainant, by sending to him by ordinary post at his residential or business address, the like documents as set out in paragraph (a)(i), and such other documents as the applicant thinks fit; and