【正文】
pany in proceedings, enquiries or arbitration. (c) A practising barrister may, as a director, give to the board the benefit of his learning and experience on matters of general policy and of general legal principles which are applicable to the pany’s affairs. (d) He should ensure that his advice is patible with his position as a director and is not of the kind which he would give as a barrister advising a client. For example, it would be proper for him to draw the attention of the board to the general effect of an Ordinance on the pany’s affairs or to advise that the pany’s terms of business needed revision。 or (b) he is a pupil of a practising barrister and is otherwise qualified to practise. Provided that a barrister may use such temporary chambers as may be provided or approved by the Bar Council. 26. A barrister who is a member of professional chambers must: (a) have his name exhibited at the chambers。 Subject to such exceptions as may be approved by the Bar Council a barrister’s private residence or any part thereof may not be regarded as professional chambers. 27. A barrister may be a member of two sets of professional chambers provided that both sets are not in Hong Kong. 28. A partnership is not permissible between practising barristers. Two or more practising barristers may agree to share professional expenses, either in proportion to their receipts or in any other way。 or (b) a period of not less than 9 months in the Department of Justice, which may include a period not exceeding 3 months on secondment to the Legal Aid Department, so long as he has also spent a period of not less than 3 months in such service as is described in subparagraph (a) above. (2) Subject to the Bar Council’s approval, the period of approved pupillage mentioned in (1) above may include: (a) any period not exceeding 1 month spent as a judge’s marshall in Hong Kong。 and he ought not to accept a brief or advise or draft pleadings if he would be embarrassed in the discharge of his duties and, if he has received any such brief or instructions inadvertently, he should return the same. A barrister will be so embarrassed if, for example, he has material information which was entrusted to him in confidence by or on behalf of his previous client. If, after the delivery of a brief or instructions on behalf of more than one client, there appears to be a conflict of interest between them, a barrister may not continue to act for any such client unless all such clients consent to his so acting and he is able to do so without embarrassment. Even if there be no conflict of interest, when a barrister has held a brief for any party in any proceeding he shall not accept a brief on an appeal or further stage in such proceeding for any other party without giving the original client the opportunity of delivering a brief to him for such appeal or further stage. 58. A barrister may not accept a brief or instructions in any case where by reason of his connection with the client it would be difficult for him to maintain his professional independence. Examples of the operation of this rule are given in Annex 7. 59. A barrister may not accept a brief or instructions in any case where by reason of his connection with the Court or a member thereof the impartial administration of justice might appear to be prejudiced. Examples of the application of this rule in regard to judicial position and family relationship are given in Annex 8. 60. A barrister may not appear as Counsel: (a) in a matter in which he himself is a party or has a significant or significant pecuniary interest. (b) either for or against any pany of which he is an officer or in which he has directly or indirectly a significant pecuniary interest. Exceptions may be authorised by the Bar Council. (Examples of the operation of this rule are given in Annex 7.) 61. A barrister may not accept instructions in a case in which he has reason to believe that he is likely to be a witness. If, being engaged in a case, it bees apparent that he is likely to be a witness on a material question of fact he should not continue to appear as Counsel if he can retire without jeopardising his client’s interests. 62. A barrister whose lay client behaves in an offensive manner must nevertheless continue to act unless: (a) he is justified in assuming that his instructions have been withdrawn (in which event he should discuss the position with the person instructing him in the matter or his representative before withdrawing from the case)。 and he must in any event return that brief in sufficient time to allow for another barrister to be engaged and to master the brief. 65. When a barrister has accepted a brief for the defence of a person charged with a serious criminal offence he should so far as practicable ensure that the risk of a conflicting professional engagement does not arise. If, in the event, a barrister is instructed in a civil case which clashes with instructions to defend a person on a serious criminal charge, he should, save in exceptional circumstances, return the brief in the civil case. 66. A barrister is not justified in returning a brief for a fixed date, when once accepted, in order to attend a social or other nonprofessional engagement. [The next paragraph number is 70.] ADMINISTRATION 70. It is the duty of a barrister at all times to ensure that his practice is efficiently and properly administered. In particular, a barrister must take all reasonable and practicable steps to ensure that professional engagements are fulfilled or that early notice is given if they cannot be fulfilled. In the interests of the efficient administration of justice and respect for the Court, a barrister must use his best endeavours always to be punctual.