CONTINUING LEGAL EDUCATION RULES - CHAPTER 159O CONTINUING LEGAL EDUCATION RULES - LONG TITLE Empowering section (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 159 section 73) [1 August 1991] (L.N. 284 of 1991) (L.N. 264 of 1991) CONTINUING LEGAL EDUCATION RULES - RULE 1 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Continuing Legal Education Rules. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 2 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 2 Interpretation VerDate:01/07/1997 In these rules, unless the context otherwise requires- "continuing education points" (進修學分) means the points credited to a course under the Scheme; "practising certificate" (執業證書) means a certificate issued by the Society under section 6 of the Ordinance; "Scheme" (計劃) means the Continuing Legal Education Scheme referred to in rule 4. "trainee solicitor" (實習律師) has the meaning assigned to it by rule 2 of the Trainee Solicitors Rules (Cap 159 sub. leg.); (L.N. 30 of 1992; L.N. 310 of 1997) "continuing education points" (進修學分) "practising certificate" (執業證書) "Scheme" (計劃) "trainee solicitor" (實習律師) CONTINUING LEGAL EDUCATION - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "certificate of completion" (結業證明書) means- (a) in relation to a trainee solicitor, a certificate issued by the Society certifying that the trainee solicitor has completed the courses required by rule 5 and has accumulated 30 continuing education points; or (b) in relation to a solicitor, a certificate issued by the Society certifying that the solicitor has completed the courses required by rule 6 and has accumulated 15 continuing education points; "continuing education points" (進修學分) means the points credited to a course under the Scheme; "practising certificate" (執業證書) means a certificate issued by the Society under section 6 of the Ordinance; "Scheme" (計劃) means the Continuing Legal Education Scheme referred to in rule 4. "trainee solicitor" (實習律師) has the meaning assigned to it by rule 2 of the Trainee Solicitors Rules (Cap 159 sub. leg.); (L.N. 30 of 1992) "certificate of completion" (結業證明書) "continuing education points" (進修學分) "practising certificate" (執業證書) "Scheme" (計劃) "trainee solicitor" (實習律師) CONTINUING LEGAL EDUCATION RULES - RULE 3 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 3 Application of the rules VerDate:30/06/1997 These rules apply to- (a) trainee solicitors who register their trainee solicitor contracts with the Society after 31 May 1990; and (L.N. 30 of 1992) (b) solicitors who obtain their practising certificates for the first time after 31 May 1991. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 4 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 4 Continuing Legal Education Scheme VerDate:01/07/1997 The Society shall institute and organize, in accordance with these rules, a system of continuing legal education for trainee solicitors and solicitors to be known as the Continuing Legal Education Scheme, and, without limiting the generality of the foregoing, may- (L.N. 30 of 1992) (a) provide courses of instruction; (b) authorize other persons or organizations to provide courses of instruction; (c) approve courses of instruction provided by other persons or organizations; (L.N. 310 of 1997) (d) determine the number of points to be credited to each course provided under the Scheme. (L.N. 310 of 1997) (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 4 Continuing Legal Education Scheme VerDate:30/06/1997 The Society shall institute and organize, in accordance with these rules, a system of continuing legal education for trainee solicitors and solicitors to be known as the Continuing Legal Education Scheme, and, without limiting the generality of the foregoing, may- (L.N. 30 of 1992) (a) provide courses of instruction; (b) authorize other persons or organizations to provide courses of instruction; (c) approve courses of instruction provided by other persons or organizations. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 5 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 5 Requirement for trainee solicitors VerDate:01/07/1997 *(1) Subject to rules 9 and 10, a trainee solicitor to whom these rules apply shall, during each of the first year and the second year of his employment as a trainee solicitor, accumulate 15 continuing education points by completing at least 3 courses provided or approved by the Society under the Scheme on subjects relevant to the practice and professional standards of solicitors. (L.N. 310 of 1997) (2) ( Repealed L.N. 310 of 1997) (3) Continuing education points accumulated by a trainee solicitor during the first year of his employment as a trainee solicitor in excess of the requirement in subrule (1) shall be deemed to be points accumulated in the second year of his employment as a trainee solicitor for the purposes of that subrule. (L.N. 488 of 1993; L.N. 310 of 1997) (4) Subrule (3) does not preclude the requirement under subrule (1) for a trainee solicitor to complete at least 3 other courses during the second year of his period of employment. (L.N. 488 of 1993; L.N. 310 of 1997) (L.N. 30 of 1992) --------------------------------------------------------------------------- -------------------------------------- * The operation of these provisions may be affected by the transitional provision in rule 3 of L.N. 488 of 1993, which is reproduced below the text of these rules. CONTINUING LEGAL EDUCATION - RULE 5 Requirement for trainee solicitors VerDate:30/06/1997 *(1) Subject to rules 9 and 10, a trainee solicitor to whom these rules apply shall, during the first year of his period of employment as a trainee solicitor- (a) accumulate 6 continuing education points by completing courses provided by the Society under the Scheme on the organization and management of an office and on effective communication with clients and other persons; and (b) accumulate 9 continuing education points by completing at least 3 other courses provided or approved by the Society under the Scheme on subjects relevant to the practice and professional standards of solicitors. (L.N. 488 of 1993) (2) Subject to rules 9 and 10, a trainee solicitor to whom these rules apply shall, during the second year of his period of employment as a trainee solicitor- (a) accumulate 6 continuing education points by completing courses provided by the Society under the Scheme on effective communication with clients and other persons and on the standards of professional conduct required by solicitors; and (b) accumulate 9 continuing education points by completing at least 3 other courses provided or approved by the Society under the Scheme on subjects relevant to the practice and professional standards of solicitors. (L.N. 488 of 1993) (3) Continuing education points accumulated by a trainee solicitor during the first year of his employment as a trainee solicitor in excess of the requirement in subrule (1)(b) shall be deemed to be points accumulated in the second year of his employment as a trainee solicitor for the purposes of subrule (2)(b). (L.N. 488 of 1993) (4) Subrule (3) does not preclude the requirement under subrule(2)(b) for a trainee solicitor to complete at least 3 other courses during the second year of his period of employment. (L.N. 488 of 1993) (L.N. 30 of 1992) --------------------------------------------------------------------------- -------------------------------------- * The operation of these provisions may be affected by the transitional provision in rule 3 of L.N. 488 of 1993, which is reproduced below the text of these rules. CONTINUING LEGAL EDUCATION RULES - RULE 6 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 6 Requirement for solicitors VerDate:01/07/1997 Subject to rules 9 and 10, a solicitor shall, after he has obtained his practising certificate for the first time, within 1 year of the commencement date stated on the certificate, accumulate 15 continuing education points by completing at least 3 courses provided or approved by the Society under the Scheme on subjects relevant to the practice and professional standards of solicitors. (L.N. 310 of 1997) CONTINUING LEGAL EDUCATION RULES - RULE 6 Requirement for solicitors VerDate:30/06/1997 *Subject to rules 9 and 10, a solicitor to whom these rules apply shall, within 1 year after he has obtained his practising certificate for the first time- (a) accumulate 6 continuing education points by completing courses provided by the Society under the Scheme on the organization and management of an office and on effective communication with clients and other persons; and (b) accumulate 9 continuing education points by completing at least 3 other courses provided or approved by the Society under the Scheme on subjects relevant to the practice and professional standards of solicitors. (L.N. 488 of 1993) (Enacted 1991) --------------------------------------------------------------------------- -------------------------------------- * The operation of these provisions may be affected by the transitional provision in rule 3 of L.N. 488 of 1993, which is reproduced below the text of these rules. CONTINUING LEGAL EDUCATION RULES - RULE 7 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 7 Duty to submit information VerDate:01/07/1997 Subject to rules 9 and 10, a trainee solicitor or a solicitor shall submit to the Council such information relating to his participation in the Scheme within such period and in the manner as may be specified by the Council. (L.N. 310 of 1997) CONTINUING LEGAL EDUCATION RULES - RULE 7 Continuing education points VerDate:30/06/1997 (1) The Society may determine the number of points to be credited to each course provided under the Scheme. (2) Subject to rules 9 and 10, a trainee solicitor or a solicitor to whom these rules apply shall, within such period as may be specified by the Council, submit to the Council such information relating to his participation in the Scheme as may be required by the Council. (L.N. 27 of 1993) (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 8 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 8 (Repealed) VerDate:01/07/1997 (Repealed L.N. 310 of 1997) CONTINUING LEGAL EDUCATION RULES - RULE 8 Certificate of completion VerDate:30/06/1997 The Society shall, on the application in writing by a trainee solicitor or a solicitor who has accumulated the continuing education points required under rule 5 or 6, as the case may be, issue a completion certificate to the applicant. (L.N. 30 of 1992) CONTINUING LEGAL EDUCATION RULES - RULE 9 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 9 Exemption VerDate:30/06/1997 (1) The Society may, on the application in writing of a trainee solicitor or a solicitor, exempt the applicant from any or all of the requirements of the Scheme if the Society is satisfied that it is fair and reasonable to grant such exemption. (L.N. 30 of 1992) (2) Where exemption is granted under subrule (1), the Society may impose such conditions as it may consider necessary on the exemption. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 10 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 10 Deferment of the operation of the Scheme VerDate:01/07/1997 (1) The Society shall, on the application in writing of a solicitor or a trainee solicitor, defer for the period described in subrule (2) the operation of the Scheme in relation to the applicant, if the application does not relate to a period shorter than 70 days and if the Society is satisfied that- (L.N. 310 of 1997) (a) the applicant, where he is a solicitor, has been for a specified period since the date when he was admitted- (L.N. 310 of 1997) (i) not in practice as a solicitor; (ii) in practice as a solicitor outside Hong Kong; or (iii) absent from work as a result of illness; or (b) the applicant, where he is a trainee solicitor, has been for a specified period since the date when he registers his trainee solicitor contract with the Society- (i) being employed as a trainee solicitor outside Hong Kong for a period permitted by the Society; or (ii) absent from employment as a trainee solicitor as a result of illness. (L.N. 30 of 1992) (2) The period of deferral referred to in subrule (1) shall be the period in respect of which the Society is satisfied under subrule (1)(a) or (b). (3) The Society may require the applicant to make a statutory declaration of the facts upon which his application under subrule (1) is based. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 10 Deferment of the operation of the Scheme VerDate:30/06/1997 (1) The Society shall, on the application in writing of a solicitor or a trainee solicitor, defer for the period described in subrule (2) the operation of the Scheme in relation to the applicant, if the application does not relate to a period shorter than 90 days and if the Society is satisfied that- (a) the applicant, where he is a solicitor, has been for a specified period since the date when he obtains his practising certificate for the first time- (i) not in practice as a solicitor; (ii) in practice as a solicitor outside Hong Kong; or (iii) absent from work as a result of illness; or (b) the applicant, where he is a trainee solicitor, has been for a specified period since the date when he registers his trainee solicitor contract with the Society- (i) being employed as a trainee solicitor outside Hong Kong for a period permitted by the Society; or (ii) absent from employment as a trainee solicitor as a result of illness. (L.N. 30 of 1992) (2) The period of deferral referred to in subrule (1) shall be the period in respect of which the Society is satisfied under subrule (1)(a) or (b). (3) The Society may require the applicant to make a statutory declaration of the facts upon which his application under subrule (1) is based. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 11 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 11 Reporting VerDate:30/06/1997 The Society may require any person or organization providing courses under the Scheme to report to the Society, within one month of the completion of the courses, the names of all of the persons who have completed such courses. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 12 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 12 Review VerDate:30/06/1997 (1) A person aggrieved by a decision made by or on behalf of the Society in respect of the operation of the Scheme may apply in writing to the Council for a review of the decision within 1 month after being informed of the decision. (2) The Council may consider the application and may confirm or vary the decision made by or on behalf of the Society. (Enacted 1991) CONTINUING LEGAL EDUCATION RULES - RULE 13 (Repealed L.N. 628 of 1997) VerDate:01/01/1998 CONTINUING LEGAL EDUCATION RULES - RULE 13 Transitional VerDate:30/06/1997 Rule 5(1) shall not apply to trainee solicitors who have registered their trainee solicitor contracts with the Society after 31 May 1990 and before 1 June 1991. (L.N. 30 of 1992) --------------------------------------------------------------------------- -------------------------------------- Note-Rule 3 of L.N. 488 of 1993 reads as follows- "3. Transitional (1) Rule 5(1)(b) of the Continuing Legal Education Rules (Cap 159 sub. leg.) as it was immediately before the commencement of these Rules continues to apply to a trainee solicitor who commenced the first year of his period of employment as a trainee solicitor before 1 January 1994 as if it had not been amended by these Rules. (2) Rule 5(2)(b) of the Continuing Legal Education Rules (Cap 159 sub. leg.) as it was immediately before the commencement of these Rules continues to apply to a trainee solicitor who commenced the second year of his period of employment as a trainee solicitor before 1 January 1994 as if it had not been amended by these Rules. (3) Rule 5(3) of the Continuing Legal Education Rules (Cap 159 sub. leg.), as enacted by these Rules, applies also to continuing education points accumulated before the commencement of these Rules. (4) Rule 6(b) of the Continuing Legal Education Rules (Cap 159 sub. leg.) as it was immediately before the commencement of these Rules continues to apply to a solicitor who obtained his practising certificate for the first time before 1 January 1994 as if it had not been amended by these Rules."