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香港特別行政區(qū)品行規(guī)范酒吧英文(參考版)

2025-04-11 07:58本頁面
  

【正文】 the names of the person and the firm or other body of which that person is a partner, member or employee instructing him in the matter。 (b) that the affairs of the chambers are conducted in a manner which is fair and equitable for all members and Pupils. All other members must use their best endeavours to achieve these objects.72. Except in the case of Direct Professional Access work, a barrister must ensure that: (a) the date of receipt is marked on every brief for him to appear at a Court, (b) proper records are kept in his chambers including a record of the date of receipt of each brief or set of papers。 or(b) he finds that his professional conduct is being or is likely to be impugned and he can withdraw from the case at that stage without jeopardising his lay client’s interests. The Return of Briefs63. (a) If a barrister receives a brief or instructions which he believes to be beyond his petence, he should decline that brief or those instructions and so inform the instructing solicitor.(b) If a barrister receives instructions and it is or bees apparent to him that he cannot do the work within a reasonable time, he should inform the instructing solicitor forthwith.(c) If a barrister receives instructions where a time limit has been set for the pletion of the work, and the barrister sees no reasonable prospect of his being able to finish the work within that time limit, he should either return the instructions forthwith or obtain further time from the person instructing him in the matter forthwith.64. Briefs are in general accepted on the understanding that the barrister concerned may be unavoidably prevented by a conflicting professional engagement from attending the case. A barrister must inform the person instructing him in the matter as soon as there is an appreciable risk that he may not be able to undertake a brief which he has accepted。 and(b) any period not exceeding 3 months as a pupil with a Senior Counsel.(3) Save in exceptional circumstances, the Bar Council is unlikely to approve pupillage of less than 3 months with any one barrister.(4) A person who is a pupil may not accept an instruction to act as a barrister unless he has been admitted as such, holds a valid limited practising certificate issued by the Bar Council and has the consent of his pupil master to accept such instruction. (Circular No. 052/03)29A. A junior barrister, upon taking silk, may, for the period of one year following his appointment as a Senior Counsel, continue with his preexisting mitments as a Pupil Master, and any period of pupillage undertaken in such circumstances will be counted towards the required period of pupillage to be undertaken by a barrister intending to practise. (Circular No. 32/93)30. A barrister who acts as a Pupil Master may not seek or accept any pupillage fee, and must use his best endeavours to ensure that his Pupil plies with the requirements of paragraph 29(4). The Rules concerning the duties of Pupil Masters and Pupils are at Annex 5. (Circular No. 052/03)[The next paragraph number is 32.]32. A barrister whose primary occupation is that of editor or reporter in Hong Kong of any series of law reports entirely written and edited by barristers shall be a practising barrister. Such a barrister is not required to ply with paragraphs 25, 26 and 50 of this Code of Conduct if he does not also hold himself out as willing to appear in a Court on behalf of a client or to give legal advice or services to a client.[The next paragraph number is 50.] THE ACCEPTANCE OF INSTRUCTIONS50. (a) Subject to such exceptions as may be authorised by custom or the Bar Council as set out in Annex 20, a barrister may not act in a professional capacity except upon the instructions of a solicitor or the Director of Legal Aid or the Government. Notwithstanding that he does so for no fee, a barrister who appears in or drafts a formal document for the purpose of a contentious matter is acting in a professional capacity. There is, however, no objection to a barrister giving advice free on legal matters to a friend or relative or on a charitable basis.(b) Subject to the Direct Professional Access Rules set out in Annex 19, Annex 19A, Annex 19B, Annex 19C (Circular No. 109/00) and Annex 19D (Circular No. 008/05), a barrister may accept instructions from a member of a “recognised professional body” without the intervention of a solicitor in any matter of a kind which falls generally within the professional expertise of the members of the recognised professional body. For the purpose of this Code, a “recognised professional body” means a professional body which has been approved by the Bar Council as set out in paragraph 2(f) of Annex 20 for the purpose of “Direct Professional Access work” and “Direct Professional Access work” means work undertaken by a practising barrister pursuant to a brief or instructions delivered by a member of a recognised professional body in accordance with the Direct Professional Access Rules.51. The rules for the acceptance of instructions by Senior Counsel are at Annex 6.52. Subject to paragraphs 73 and 73B and to such exceptions as may be authorised by custom or by the Bar Council, a barrister may not appear before any Court without a fee marked on his brief or a statement that no fee is payable or the words “Legal Aid.”53. A barrister may not accept any brief or instructions which limit or seek to limit his ordinary authority or discretion.54. The papers in any brief or instructions delivered to a barrister are normally the property of the client. The barrister has no right without the consent of the client to lend them or to reveal their contents to any person otherwise than as may be necessary for the proper discharge of his duties as Counsel or Pupil Master. 55. A barrister who finds on receiving a brief or instructions that acceptance of the paper
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