Hong Kong Regulations

PRACTISING CERTIFICATE (SPECIAL CONDITIONS) RULES - SECT 4

Matters to be considered by the Society when imposing conditions on a practising certificate

(1) In considering for the purposes of section 3 the imposition of any of the
conditions set out in Schedule 1, the Society may have regard to the
following-

   (a)  in the case of the condition numbered 2 in Schedule 1-

        (i)    the extent of the solicitor's experience in the practice of law
               in Hong Kong or elsewhere;

        (ii)   whether or not the solicitor is to be supervised by a solicitor
               who holds an unconditional practising certificate or has
               substantial experience in the practice of law in Hong Kong or
               elsewhere;

        (iii)  where the employer is not a solicitor, the nature of the
               employer's business and the work proposed to be undertaken by
               the solicitor, the size of the employer's business and its
               legal department;

   (b)  in the case of the condition numbered 3 in Schedule 1-

        (i)    the identity and disciplinary record of the partners;

        (ii)   the nature and frequency of complaints made against the
               partnership;

        (iii)  the number of successful claims made against any of the
               partners for negligence or breach of duty;

   (c)  in case of the condition numbered 4 in Schedule 1-

        (i)    the nature and frequency of complaints made against the
               solicitor;

        (ii)   the conditions which have been placed on the solicitor's
               practising certificate since his date of admission;

        (iii)  the solicitor's current financial circumstances.

(2) In considering for the purposes of section 3 the imposition of conditions
in relation to the issue of a practising certificate to a solicitor, the
Society may have regard to the following-

   (a)  in the case mentioned in section 3(b), the findings and orders of the
        Solicitors Disciplinary Tribunal;

   (b)  in the case mentioned in section 3(c), the seriousness of the matter
        and the nature and extent of the explanation, if any, given by the
        solicitor;

   (c)  in the case mentioned in section 3(d) or (e)-

        (i)    the findings and orders of the Solicitors Disciplinary Tribunal
               or the reasons for the solicitor's suspension from practice or
               removal of his name from the roll of solicitors;

        (ii)   the period of time that has elapsed since his suspension or the
               removal of his name from the roll of solicitors;

        (iii)  the solicitor's activities during that intervening period;

   (d)  in the case mentioned in section 3(g), the amount of the judgment and
        the solicitor's current financial circumstances.