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Hong Kong Bar Association

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Hong Kong Bar Association
香港大律師公會
Formation12 March 1948; 76 years ago (1948-03-12)
Legal statusSociety under the Societies Ordinance
HeadquartersLG2, High Court, 38 Queensway, Hong Kong
Region served
Hong Kong
Chairman
Victor Dawes SC
Websitehkba.org
Hong Kong Bar Association
Traditional Chinese香港大律師公會
Simplified Chinese香港大律师公会
Transcriptions
Standard Mandarin
Hanyu PinyinXiānggǎng Dàlǜshī Gōnghuì
Yue: Cantonese
Yale RomanizationHēung góng daaih leuht sī gūng wúi
JyutpingHoeng1 gong2 daai6 loet6 si1 gung1 wui2

The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.

Victor Dawes SC is the current chairman of the Council of the HKBA.

History

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Advertisement announcing the formation of the Hong Kong Bar Association in March 1948

According to its website, the Hong Kong Bar Association was founded in 1949.[1] However, a newspaper advertisement from March 1948 records the foundation of the association on 12 March 1948 with Mr Eldon Potter KC being elected President, Mr H.D. Sheldon KC being elected chairman and Mr Percy Chen being elected Secretary Treasurer. The offices of the Association were located in the offices of Mr Chen in Prince's Building, Hong Kong.[2]

Role

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The objects of the Hong Kong Bar Association are generally to consider and to take proper action on all matters affecting the legal profession and the administration of justice. These include:

  • the maintenance of the honour and independence of the Bar;
  • the improvement of the administration of justice in Hong Kong;
  • the prescribing of rules of professional conduct, discipline and etiquette;
  • furtherance of good relations and understanding within the legal profession.

Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.

Route to entry

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List of members of the Hong Kong Bar Association in 1964

Students must first complete a basic degree in law, such as the Bachelor of Laws (LLB), Juris Doctor (JD) or convert from another first degree with the Common Professional Examination (CPE).

They must then complete the Postgraduate Certificate in Laws (PCLL) at The University of Hong Kong, the City University of Hong Kong or The Chinese University of Hong Kong. From 2008 onwards, all overseas applicants to the PCLL must satisfy each element of the PCLL conversion programme.

After finishing PCLL, prospective barristers will enter pupillage with a pupilmaster for a year; after half a year they will gain rights of audience in court.

Overseas barristers may, having at least three years' experience, take the Barristers Qualification Examination to officially become a Hong Kong barrister.[3]

Additionally, lawyers of at least three years' qualified experience may apply to switch membership of either the HKBA or The Law Society of Hong Kong. However, one may not enjoy membership of both entities at once. For example, the No. 1 ranked barrister in seniority in 2007, Sir John Swaine SC, switched to become a solicitor in 2002, but switched back in 2004. Solicitors seeking to qualify as barrister are required to do pupillage, however, the period may be shortened for those with substantial advocacy experience.[4]

Number of practising barristers

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As of September 2023, there were 106 Senior Counsel (93 male, 13 female), and 1,550 (1,068 male, 482 female) junior barristers in practice at the private bar in Hong Kong.[5] There were 84 pupil barristers of whom 49 were male and 35 female.[6]

Senior Counsel

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After gaining ten years' experience as a barrister or government counsel in Hong Kong, a barrister admitted in Hong Kong may apply to become a Senior Counsel (SC) (資深大律師).[7] Time in practice as a barrister or lawyer in another jurisdiction or as a solicitor in private practice in Hong Kong does not count.[8] The Law Society of Hong Kong has called for this to be changed, so that solicitors may also be appointed Senior Counsel.[9]

In colonial Hong Kong before 1997, the title was instead Queen's Counsel (QC) (御用大律師). After the transfer of sovereignty, Queen's Counsel who had been appointed QC in HK or British Queen's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became Senior Counsel automatically.[10]

List of chairpersons

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Portrait Chairman Chinese Year Notes
1 Harold Sheldon KC 1948
1949 		Eldon Potter, KC as President in 1948
2 Charles Loseby KC 1950
3 Leo d'Almada e Castro KC 廖亞利孖打 1951
4 John McNeill KC/QC 1952
(2) Charles Loseby QC 1953
(3) Leo d'Almada e Castro QC 廖亞利孖打 1954
(4) John McNeill QC 1955
1956
(3) Leo d'Almada e Castro QC 廖亞利孖打 1957
(4) John McNeill QC 1958
(3) Leo d'Almada e Castro QC 廖亞利孖打 1959
5 Lo Hin-shing 羅顯勝 1960
(3) Leo d'Almada e Castro QC 廖亞利孖打 1961
1962
6 Brook Bernacchi QC 貝納祺 1963
7 S.V. Gittins 1964
1965
8 Oswald Cheung QC 張奧偉 1966
(7) S.V. Gittins QC 1967
9 Gerald de Basto QC 1968
1969
1970
10 Henry Litton QC 烈顯倫 1971
1972
(9) Gerald de Basto QC 1973
11 Archie Zimmern QC 1974
12 Charles Ching QC 沈澄 1975
1976
(10) Henry Litton QC 烈顯倫 1977
1978
1979
13 Martin Lee Chu-ming QC 李柱銘 1980
1981
1982
(10) Henry Litton QC 烈顯倫 1983
1984
14 Denis Chang Khen-lee QC 張健利 1985
1986
1987
15 Robert Tang Ching QC 鄧楨 1988
1989
16 Anthony Rogers QC 1990
1991
17 Jacqueline Leong QC 梁冰濂 1992
1993
18 Ronny Wong Fook-hum QC 黃福鑫 1994
19 Gladys Li Chi-hei QC 李志喜 1995
1996
20 Audrey Eu Yuet-mee QC/SC 余若薇 1997
1998
21 Ronny Tong Ka-wah SC 湯家驊 1999
2000
22 Alan Leong SC 梁家傑 2001
2002
23 Edward Chan King-sang SC 陳景生 2003
2004
24 Philip Dykes QC/SC 戴啟思 2005
2006
25 Rimsky Yuen Kwok-keung SC 袁國強 2007
2008
26 Russell Coleman SC 高浩文 2009
2010
27 Kumar Ramanathan SC 林孟達 2011
2012
28 Paul Shieh Wing-tai SC 石永泰 2013
2014
29 Winnie Tam SC 譚允芝 2015
2016
30 Paul Lam Ting-kwok SC 林定國 2017
(24) Philip Dykes QC/SC 戴啟思 2018
2019
2020
31 Paul Harris SC 夏博義 2021
32 Victor Dawes SC 杜淦堃 2022
2023

2024

Notable cases and statements

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Admission of overseas counsel for Jimmy Lai

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In September 2022, the HKBA (along with the Secretary for Justice) opposed an application by Jimmy Lai to hire a King’s Counsel in the UK to represent him in his trial in Hong Kong, stating that "the well established criteria for admitting overseas counsel on an ad hoc basis are not met."[11]

In November 2022, after the Hong Kong Court of Final Appeal ruled to allow Tim Owen KC to be admitted as an overseas counsel on an ad hoc basis, the Chief Executive of Hong Kong, John Lee, made a request to the NPCSC for an interpretation of the national security law over whether overseas counsel are allowed to take part in national security cases.[12]

The HKBA chairman Victor Dawes SC said at a media briefing that "the national security law is a relatively new piece of legislation and we hope that any ambiguity can be clarified by our courts in the future and the power to interpret… be exercised sparingly" whilst noting that "I do understand the government's position and the reasoning given by the chief executive."[13][14] He dismissed suggestions that disallowing overseas barristers in national security cases would undermine defendants' rights and freedom in legal representation, saying there are sufficient lawyers in the city to handle such cases.[15] Referring to Lai's case, Dawes claimed that an overseas lawyer would not contribute much.[16] Dawes also said that the incident would not damage Hong Kong's judicial independence.[17][18][16]

Tanya Chan

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In April 2023, the HKBA censured former barrister and Legislative Council member Tanya Chan over her involvement in the Umbrella Movement.[19] The complainant was anonymous.[20]

National security law judges

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In May 2023, the HKBA expressed "grave concerns" over the US Congressional-Executive Commission on China, which asked for judges in national security cases to be sanctioned. The HKBA said "The Bar stresses once again that there is no basis at all to call into question the integrity and independence of Hong Kong judges..." and that calls to do so "must be sternly deplored and condemned."[21]

In September 2023, Victor Dawes said in a legal forum that Hong Kong had a "strong, independent" legal profession; in 2022, at the same event, multiple questions were raised about the Chief Executive handpicking judges for national security cases, and the lack of a jury for those cases.[1]

Glory to Hong Kong

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In May 2024, after a court banned the distribution of Glory to Hong Kong, Victor Dawes said that people should respect the court's decision.[22]

Resignations of foreign judges

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In June 2024, after two foreign judges on the Court of Final Appeal resigned, the HKBA said "the Bar strongly believes that their resignations will not affect the ability of our apex court in discharging its judicial functions and has every confidence in the independence of our judicial system."[23] In contrast, one of the judges who resigned said that judges' freedoms had been "severely limited" and that "The rule of law is profoundly compromised in any area about which the government feels strongly."[24]

See also

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References

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  1. ^ a b Website of the HKBA
  2. ^ Advertisement in the South China Morning Post, 21 March 1948, p12
  3. ^ HKBA website on general admission
  4. ^ S.16 Barristers (Qualification for Admission and Pupillage) Rules
  5. ^ HKBA Bar List. Government lawyers with the Department of Justice are not required to hold practising certificates through the HKBA, so the actual numbers in practice is higher than these. See: Ss.3 and 4 of the Legal Officers Ordinance
  6. ^ HKBA Bar List for pupils
  7. ^ S.31A, Legal Practitioners Ordinance
  8. ^ Time in practice as a solicitor as Hong Kong government counsel does count
  9. ^ Hong Kong Law Society president seeks senior counsel status for solicitors South China Morning Post, 7 February 2015
  10. ^ See the savings and transitional provisions contained in s. 2 of Schedule 2 to Ordinance No. 94 of 1997
  11. ^ Chau, Candice (30 September 2022). "Hong Kong media tycoon Jimmy Lai's bid to hire UK lawyer for national security case opposed by justice minister". Hong Kong Free Press HKFP. Retrieved 1 October 2022.
  12. ^ "Govt seeks interpretation of national security law - RTHK". news.rthk.hk. Retrieved 2 February 2023.
  13. ^ "Hong Kong's justice department to seek adjournment of Jimmy Lai trial on Tuesday". South China Morning Post. 29 November 2022. Retrieved 29 November 2022.
  14. ^ "Too early to comment on interpretation impact: Bar - RTHK". news.rthk.hk. Retrieved 2 February 2023.
  15. ^ "Beijing may identify pool of Hong Kong lawyers to handle national security cases". South China Morning Post. 29 November 2022. Retrieved 2 February 2023.
  16. ^ a b Chau, Candice. "Beijing's power to interpret the national security law should be used 'sparingly,' says top Hong Kong lawyer - Hong Kong Free Press HKFP". hongkongfp.com. Retrieved 2 February 2023.
  17. ^ 陈子琰. "HK DOJ seeks to delay trial of Apple Daily boss". www.chinadaily.com.cn. Retrieved 2 February 2023.
  18. ^ "NPCSC interpretation 'won't affect HK judicial independence'". chinadailyhk. Retrieved 2 February 2023.
  19. ^ Mok, Lea (25 April 2023). "Hong Kong Bar Assoc. censures ex-lawmaker Tanya Chan over Umbrella Movement involvement". Hong Kong Free Press HKFP. Retrieved 25 April 2023.
  20. ^ Hamlett, Tim (4 May 2023). "The Hong Kong Bar Association's endangered reputation, and the seven-year itch". Hong Kong Free Press HKFP. Retrieved 4 May 2023.
  21. ^ Ho, Kelly (15 May 2023). "US lawmakers urge sanctions on Hong Kong judges, as city gov't decries 'shameless, sinister, malicious' interference". Hong Kong Free Press HKFP. Retrieved 15 May 2023.
  22. ^ "Hong Kong Bar Association chief says profession's independence vital". South China Morning Post. 13 May 2024. Retrieved 11 June 2024.
  23. ^ Grundy, Tom (7 June 2024). "HK backs independence of judiciary after 2 UK judges quit top court". Hong Kong Free Press HKFP. Retrieved 27 June 2024.
  24. ^ Grundy, Tom (10 June 2024). "HK 'slowly becoming a totalitarian state,' says ex-top court judge". Hong Kong Free Press HKFP. Retrieved 27 June 2024.
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