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hong kong solicitors' guide to professional conduct

April 6, 2021

hong kong solicitors' guide to professional conduct

by Admin

Submit the above to the Consents Committee of the Law Society. For lawyers, it can be found, for example, in Principle 8.01 of the Hong Kong Solicitors' Guide to Professional Conduct, which expressly states that: Provide a certified copy of the full set of professional indemnity insurance policy of the organisation; Provide a Statutory Declaration declaring that PI insurance of the organisation is in a manner and to an extent similar to that provided by the Professional Indemnity Rules; and. Found inside – Page 65... obligations is treated as professional misconduct in respect of which disciplinary action may be taken (e g revocation or suspension of licence, payment of penalty) (chapter 16 Hong Kong Solicitors' Guide to Professional Conduct) ... Where the Council considers that a solicitor's conduct should be inquired into as a result of a complaint, the matter will be referred to a Importantly, this should be explored and documented prior to providing any pro bono services. So while law firms in Hong Kong are required to have PI insurance in place for all services, including pro bono services, as discussed above, the same requirement does not apply to employed solicitors. Unlike some other common law jurisdictions such as the United Kingdom and Australia, neither contingency nor conditional fee arrangement is allowed in Hong Kong under The Hong Kong Solicitors' Guide to Professional Conduct, the Code of Conduct of the Bar, and Legal Practitioners Ordinance. 159 sub. Providers, Guideline on Compliance of Anti-Money Laundering and Companies Ordinance Cap. A contingency fee agreement is defined in the Professional Conduct Guide as "any arrangement whereby a solicitor is to be rewarded only in the event of success. Principles 6.04, 12.04 and 12.05 of The Hong Kong Solicitors' Guide to Professional Conduct (Volume 1-2nd Edition) ("Guide") Common law offence of misconduct Hearings: 3 February 2015, 25 March 2015, 1 December 2015 and 30 May 2016 Findings: 31 August 2016 Reasons and Order: As such, aside from limited circumstances provided in the Hong Kong Solicitors' Guide to Professional Conduct, the parties will need to be separately represented and therefore each will usually incur legal costs for engaging their own respective solicitors. Exercise Department, Guideline on Anti-Money Laundering and Counter-Terrorist Financing (for Authorized Institutions), Guideline on Anti-Money Laundering and Counter-Financing of Terrorism, Prevention of Money Laundering and Terrorist Financing Guideline issued by the Securities and Futures Commission for Associated Entities, Guideline on Anti-Money Laundering and Counter-Terrorist Financing (for Money Service Operators), Guideline on Anti-Money Laundering and Counter-Terrorist Financing (for authorized insurers, reinsurers, appointed insurance agents and authorized insurance brokers carrying on or advising on long term business), Guideline on Exercising Power to Impose Pecuniary Penalty in respect of Anti-Money Laundering and Counter-Terrorist Financing (for authorized insurers, reinsurers, appointed insurance agents and authorized insurance brokers carrying on or advising on long term business), The Guideline for Precious Metals and Precious Stones Dealers, An Advisory Guideline on Preventing the Misuse of Charities for Terrorist Financing, An Advisory Guideline on Preventing the Misuse of Charities for Terrorist Financing (Appendix), Guidelines on Additional Licensing Conditions of Money Lenders Licence, Guideline on the Keeping of Significant Controllers Registers by Companies, Guideline on Licensing of Trust or Company Service Found inside – Page xxxviiiHowever , it remains to be seen what will actually constitute ' seriously deficient ' professional performance . ... permit schemes • carriers ' liability • the Hong Kong registration scheme • extra - regulatory policies and concessions ... Care must be taken to ensure that the unregistered Foreign Lawyer does not effectively offer legal services to the public as this will be in breach of the FLR Rules. Given the circumstances, there is a requirement that an employed solicitor inform other parties involved in a matter, where he or she is acting as a Solicitor, that he or she is not covered by the Law Society’s Indemnity Scheme. This means that employed solicitors are not covered by the Law Society’s Indemnity Scheme, and it is left to the discretion of the employer as to whether to purchase its own Professional Indemnity (“PI”) cover in respect of the employed solicitor’s work. The Circular states that if “a solicitor is held out to the public as providing pro bono services and does so with some degree of formality and regularity, as opposed to an informal one-off basis” and “if the pro bono legal services are offered in the solicitor’s personal capacity and not as part of the practice of his or her law firm” then this equates to the solicitor carrying on practice within scope of Rule 6 of the Professional Indemnity Rules. Hong Kong's legal system is based on common law principles and statute that resembles the law of England and Wales. the subsistence of that solicitor-client relationship: see Prince Jefri Bolkiah and KPMG (a firm) [1999] 2 AC 222 at 235C-F, per Lord Millett. The chairman of the Hong Kong office is Yash Rana. ” then this equates to the solicitor carrying on practice within scope of Rule 6 of the Professional Indemnity Rules. Solicitors' Practice Promotion Code, Hong Kong Solicitors' Guide to Professional Conduct, Ch25 100. 32; Securities and Futures Ordinance Cap. Are ORFSs permitted in Hong Kong? (2) Legal professional privilege and code of conduct Solicitors are bound by the principle of legal professional privilege ("LPP") and the Guide to Professional Conduct. This means that employed solicitors are not covered by the Law Society’s Indemnity Scheme, and it is left to the discretion of the employer as to whether to purchase its own Professional Indemnity (“PI”) cover in respect of the employed solicitor’s work. As discussed above, this causes an issue for in-house counsel who are generally working for organisations who cannot participate in the Law Society’s Professional Indemnity Scheme, and consequently they cannot meet the requirements of Rule 6. Transparency in price and service . 6.7 Once a case is assigned to you, you are personally responsible for the conduct of the This is important because every solicitor must have compulsory indemnity as a matter of Hong Kong law, and it is therefore a regulatory requirement. Found inside – Page 255Legal professional privilege is important so that legal advice may be safely and sufficiently obtained and protected. ... the defendant was directly or indirectly obtained by the plaintiff's solicitors from their client in the conduct ... Relative distance (NEAR) e.g. The "Hong Kong Solicitors' Guide to Professional Conduct" published by The Law Society of Hong Kong (the "Guide to Professional Conduct") sets out the rules and principles of professional conduct for practicing solicitors and can be accessed by the following link: In addition, the Law Society of Hong Kong issued AML Guidelines for lawyers in Hong Kong under its Practice Direction P, Hong Kong Solicitor's Guide to Professional Conduct on 3 December 2007, effective from 1 July 2008. Under the AMLO, institutions engaged in banking or deposit-taking activities (termed authorized institutions, or AIs) are regulated by the Hong Kong Monetary Authority (HKMA). • Principles 6.04, 12.04 and 12.05 of the Hong Kong Solicitors' Guide to Professional Conduct Volume 1 ("the Guide") Hearing dates: 19 April 2012 and 20 August 2012 Order: 20 August 2012 Reasons for Decision: 11 October 2012 From the Guide Working Party's Foreword, it states " This 3rd Edition to The Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) sets out 14 fundamental pillars of professional conduct, which have been revised by the Guide Working Party and approved . If you want the Law Society of Hong Kong to remain a self-governing organization with some degree of credibility and respect from the people of Hong Kong, please prosecute Mr Junius Ho for professional misconduct forthwith, and keep myself, and all members of the public, fully informed. Even where an employer of an in-house lawyer chooses to purchase PI cover, this will generally only cover work which that lawyer conducts on behalf of the corporation, and generally not to Legal Services or Professional Assistance provided to pro bono clients. These issues must be understood and ideally addressed in your organisational pro bono policy to enable appropriate decisions to be made about which projects or work to take on. All rights reserved. The Professional Conduct of Lawyers in Hong Kong is an unrivaled text on professional conduct and ethics in Hong Kong, providing in-depth analysis on the application of the Bar Code, the Prosecution Code and the Solicitor's Guide to Professional Conduct. Aside from the restriction of who they can work for and the PI issue above, an employed solicitor acting in the course of their employment for their employer is in the same position as a private practice solicitor acting for a client in every other aspect in so far as having to comply with their professional and ethical obligations as Solicitors. Table 1: Summary of how pro bono services may be provided and by whom. Apple NOT Lemon means to find documents having Apple but not Lemon. In addition, the Law Society of Hong Kong issued AML Guidelines for lawyers in Hong Kong under its Practice Direction P, Hong Kong Solicitor's Guide to Professional Conduct on 3 December 2007, effective from 1 July 2008. Certain lawyers based in Hong Kong are not admitted in Hong Kong but are registered with and regulated by the Hong Kong Law Society as Registered Foreign Lawyers. Found inside – Page 47... will be treated as professional misconduct in respect of which disciplinary action may be taken (e.g. revocation or suspension of license, payment of penalty) (chapter 16 Hong Kong Solicitors' Guide to Professional Conduct). 162. For solicitors, rule 6(1) of the Solicitors (Professional Indemnity) Rules (Cap 159M), requires that every solicitor who is, or is held out to the public as, a solicitor in the business of practising as a solicitor, in Hong Kong shall be required to have and maintain indemnity, subject to the Rule 7 Exemption. They may also be regulated by the relevant regulatory body in their place of admission. The process to apply for a Rule 7 Exemption involves the following: According to the Circular, the Law Society will consider the following when assessing an application for exemption: To obtain the Rule 7 Exemption, a Solicitor must apply to the Consents Committee of the Law Society, and once granted, the exemption will be valid for one year only, to be reassessed on a yearly basis. All paragraph references found in this article and . “Every solicitor must have compulsory indemnity as a matter of Hong Kong law, and it is therefore a regulatory requirement. This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, ... Accordingly, Principle 2.08 of The Hong Kong Guide to Professional Conduct (“Professional Conduct Guide”) states that a Solicitor who works for a nonsolicitor employer must comply with the Solicitor’s Practice Rules (Cap159H), Practice Directions and the rules and principles of professional conduct. Found inside – Page 206An Introductory Guide, Second Edition Stephen D. Mau. LexisNexis, Hong Kong English-Chinese Legal Dictionary (2005) [hereinafter LexisNexis]. ... Law Society of Hong Kong, The, The Hong Kong Solicitors' Guide to Professional Conduct, ... In this regard, a particularly helpful chapter is found in the text on "The Conveyancing Solicitor". 615 is the principal legislation stipulating the customer due diligence (CDD) and record-keeping requirements which FIs and DNFBPs must comply, and providing legal provisions for regulators to supervise individual FIs’ and DNFBPs’ compliance with the statutory requirements. Conclusion - The Way Forward The legal profession is made up of solicitors and barristers. Found inside – Page 103There is no statutory client protection or indemnity fund in Hong Kong. Solicitors are required to have professional indemnity cover, but barristers are not. It is proposed that barristers should fall into line with solicitors, ... A barrister may not do, or cause or allow to be done on his behalf, anything for the purpose of touting, whether directly or indirectly, or which is likely to lead to the reasonable inference that it was done for that purpose. An in-house counsel who is a Solicitor is known as an “employed solicitor”.4 Under Hong Kong law, and in broad terms, only four groups of people can practice Hong Kong law. Professional Conduct and Risk Management in Hong Kong is the first book of its kind to comprehensively cover the rules for all contentious and non-contentious matters. The Law Society Council is the Society's governing body. focus on Hong Kong -specific legislation, codes and case law (which are all amply covered) will no doubt provide a good guide to the "lay of the land" when engaged in professional conduct litigation. NEAR ( (Apple, Lemon), 2, false) means to find documents having Apple within 2 words apart from Lemon. Solicitors must comply with the principles of the Hong Kong Solicitors Guide to Professional Conduct issued by the Law Society of Hong Kong and barristers must comply with the Hong Kong Bar Association's Code of Conduct. Found inside – Page 218have been introduced under the auspices of the new court rules and practice directions in Hong Kong for more than five years, many litigants and their lawyers were ... 10.17(3) of the Hong Kong Solicitors' Guide to Professional Conduct. Whether the organisation charges the public a fee for the pro bono services and whether the applicant provides his or her services for free. allowed to work for their employer, and as a result they are exempt from compliance with the Law Society’s indemnity rules with which they would otherwise have to comply like Solicitors in law firms or in private practice. in Mr. Paul Tse Wai-chun's case which was deemed to breach the principles of Hong Kong Solicitors' Guide to Professional Conduct, and Solicitors' Practice Promotion Code.

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