Hong Kong Bar Association

History

According to its website, the Hong Kong Bar Association was founded in 1949. However, a newspaper advertisement from March 1948 records the foundation of the association on 12 March 1948 with Mr Eldon Potter KC being elected President, Mr H.D. Sheldon KC being elected chairman and Mr Percy Chen being elected Secretary Treasurer. The offices of the Association were located in the offices of Mr Chen in Prince's Building, Hong Kong.

Role

The objects of the Hong Kong Bar Association are generally to consider and to take proper action on all matters affecting the legal profession and the administration of justice. These include:

• the maintenance of the honour and independence of the Bar;
• the improvement of the administration of justice in Hong Kong;
• the prescribing of rules of professional conduct, discipline and etiquette;
• furtherance of good relations and understanding within the legal profession.

Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.

The Director of Administration and Development of the Hong Kong Bar Association is Ms. Susie HO, according to a document from the Hong Kong Legislative Council. The Hong Kong Bar Association (HKBA) is served by a secretariat headed by an Administrator, currently Ms. Dora Chan, according to a LAWASIA report.

Route to entry

Students must first complete a basic degree in law, such as the Bachelor of Laws (LLB), Juris Doctor (JD) or convert from another first degree with the Common Professional Examination (CPE).

They must then complete the Postgraduate Certificate in Laws (PCLL) at The University of Hong Kong, the City University of Hong Kong or The Chinese University of Hong Kong. From 2008 onwards, all overseas applicants to the PCLL must satisfy each element of the PCLL conversion programme.

After finishing PCLL, prospective barristers will enter pupillage with a pupilmaster for a year; after half a year they will gain rights of audience in court.

Overseas barristers may, having at least three years' experience, take the Barristers Qualification Examination to officially become a Hong Kong barrister.

Additionally, Hong Kong qualified solicitors of at least three years' qualified experience may apply to be admitted as a barrister. However, one may not be both a barrister and solicitor at the same time and are required to remove themselves from the roll of solicitors before admission as a barrister. For example, the No. 1 ranked barrister in seniority in 2007, Sir John Swaine SC, switched to become a solicitor in 2002, but switched back in 2004. Solicitors seeking to qualify as barrister are required to do pupillage, however, the period may be shortened for those with substantial advocacy experience.

Number of practising barristers

As of February 2025, there were 108 Senior Counsel (92 male, 16 female), and 1,612 (1,110 male, 511 female) junior barristers in practice at the private bar in Hong Kong. There were 77 pupil barristers of whom 34 were male and 43 female.

Senior Counsel

After gaining ten years' experience as a barrister or government counsel in Hong Kong, a barrister admitted in Hong Kong may apply to become a Senior Counsel (SC) (資深大律師). Time in practice as a barrister or lawyer in another jurisdiction or as a solicitor in private practice in Hong Kong does not count. The Law Society of Hong Kong has called for this to be changed, so that solicitors may also be appointed Senior Counsel.

In colonial Hong Kong up until the handover on 1 July, 1997, the title was instead King's Counsel or Queen's Counsel (QC) (御用大律師). After the transfer of sovereignty, Queen's Counsel who had been appointed QC in HK or British Queen's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became Senior Counsel automatically.

List of chairpersons

Notable cases and statements

Input in the 2010 Hong Kong electoral reform

The Bar reiterated their call for the abolition of functional constituencies as being non-compliant with international law – Article 25(b) of the International Covenant on Civil and Political Rights and Article 21 of the Bill of Rights. They urged the government to put forward a revised consultation document with more progressive proposals, a clear road map on the way forward, and a commitment to abolish functional constituencies. The Bar Association said that corporate or directors' voting was also incompatible with international law; they said the failure to comply is not mitigated by replacing corporate voting by an authorised representative with voting by directors, executives, member associations, individual members.

Comments on Guangzhou–Shenzhen–Hong Kong Express Rail Link Co-location arrangement

The Bar Association criticised the arrangement for distortion of the Basic Law, stating it damages the rule of law in Hong Kong as Article 18 was clearly written and leaves no room for any interpretation which would allow Chinese law to apply in any certain part of HKSAR. Carrie Lam defended the arrangement and responded by stating that "some Hong Kong legal professionals have an elitist mentality or double standards, that is, they think that Hong Kong’s legal system is supreme, and that the mainland legal system – a big country with a 1.3 billion population – is wrong." Her statement prompted widespread disbelief in Hong Kong.

Concerns about Hong Kong's National Security Law

The association was quoted saying it was "gravely concerned with both the contents of the [national security law] and the manner of its introduction." The statement noted that the law was enacted in a way that prevented the city's lawyers, judges, police and residents from understanding its contents in any way prior to its coming into force.

Admission of overseas counsel for Jimmy Lai

In September 2022, the HKBA (along with the Secretary for Justice) opposed an application by Jimmy Lai to hire a King’s Counsel in the UK to represent him in his trial in Hong Kong, stating that "the well established criteria for admitting overseas counsel on an ad hoc basis are not met."

In November 2022, after the Hong Kong Court of Final Appeal ruled to allow Tim Owen KC to be admitted as an overseas counsel on an ad hoc basis, the Chief Executive of Hong Kong, John Lee, made a request to the NPCSC for an interpretation of the national security law over whether overseas counsel are allowed to take part in national security cases.

The former HKBA chairman Victor Dawes, SC said at a media briefing that "the national security law is a relatively new piece of legislation and we hope that any ambiguity can be clarified by our courts in the future and the power to interpret… be exercised sparingly" whilst noting that "I do understand the government's position and the reasoning given by the chief executive." He dismissed suggestions that disallowing overseas barristers in national security cases would undermine defendants' rights and freedom in legal representation, saying there are sufficient lawyers in the city to handle such cases. Referring to Lai's case, Dawes claimed that an overseas lawyer would not contribute much. Dawes also said that the incident would not damage Hong Kong's judicial independence.

Tanya Chan

In April 2023, the HKBA censured former barrister and Legislative Council member Tanya Chan over her involvement in the Umbrella Movement. The complainant was anonymous.

National security law judges

In May 2023, the HKBA expressed "grave concerns" over the US Congressional-Executive Commission on China, which asked for judges in national security cases to be sanctioned. The HKBA said "The Bar stresses once again that there is no basis at all to call into question the integrity and independence of Hong Kong judges..." and that calls to do so "must be sternly deplored and condemned."

Resignations of foreign judges

In June 2024, after two foreign judges on the Court of Final Appeal resigned, the HKBA said "the Bar strongly believes that their resignations will not affect the ability of our apex court in discharging its judicial functions and has every confidence in the independence of our judicial system." In contrast, one of the judges who resigned said that judges' freedoms had been "severely limited" and that "The rule of law is profoundly compromised in any area about which the government feels strongly."

References

References

1. [http://www.hkba.org/content/about-us Website of the HKBA]
2. Advertisement in the South China Morning Post, 21 March 1948, p12
3. [http://www.hkba.org/content/becoming-barristers/general-admission HKBA website on general admission]
4. [http://www.hklii.hk/eng/hk/legis/reg/159AC/s16.html S.16 Barristers (Qualification for Admission and Pupillage) Rules]
5. [https://www.hkba.org/Bar-List HKBA Bar List]. Government lawyers with the Department of Justice are not required to hold practising certificates through the HKBA, so the actual numbers in practice is higher than these. See: Ss.3 and 4 of the [http://www.hklii.hk/eng/hk/legis/ord/87/ Legal Officers Ordinance]
6. [https://www.hkba.org/Bar-List/pupils HKBA Bar List for pupils]
7. [http://www.hklii.hk/eng/hk/legis/ord/159/s31a.html S.31A, Legal Practitioners Ordinance]
8. Time in practice as a solicitor as Hong Kong government counsel does count
9. [https://www.scmp.com/news/hong-kong/article/1705548/hong-kong-law-society-president-seeks-senior-counsel-status Hong Kong Law Society president seeks senior counsel status for solicitors] South China Morning Post, 7 February 2015
10. See the savings and transitional provisions contained in s. 2 of Schedule 2 to Ordinance No. 94 of 1997
11. 20 February 2010, "Political Reform: Views On The Big Issue", South China Morning Post
12. 20 February 2010, "Political Reform: Views On The Big Issue", South China Morning Post
13. Ng, Ellie. (2020-03-31). "Beijing's 'distortion' of Hong Kong Basic Law greatly undermines rule of law, legal experts warn". Hong Kong Free Press.
14. Ng, Ellie. (2018-01-02). "'Rule without law': Hong Kong lawyers hit back as leader Carrie Lam attacks 'elitist mentality'". Hong Kong Free Press.
15. (1 July 2020). "China's security law upends freewheeling Hong Kong's legal landscape". Reuters.
16. (1 July 2020). "Statement of the Hong Kong Bar Association on the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region".
17. Chau, Candice. (2022-09-30). "Hong Kong media tycoon Jimmy Lai's bid to hire UK lawyer for national security case opposed by justice minister".
18. "Govt seeks interpretation of national security law - RTHK".
19. (2022-11-29). "Hong Kong's justice department to seek adjournment of Jimmy Lai trial on Tuesday".
20. "Too early to comment on interpretation impact: Bar - RTHK".
21. (2022-11-29). "Beijing may identify pool of Hong Kong lawyers to handle national security cases".
22. 陈子琰. "HK DOJ seeks to delay trial of Apple Daily boss".
23. "NPCSC interpretation 'won't affect HK judicial independence'".
24. Chau, Candice. "Beijing's power to interpret the national security law should be used 'sparingly,' says top Hong Kong lawyer - Hong Kong Free Press HKFP".
25. Mok, Lea. (2023-04-25). "Hong Kong Bar Assoc. censures ex-lawmaker Tanya Chan over Umbrella Movement involvement".
26. Hamlett, Tim. (2023-05-04). "The Hong Kong Bar Association's endangered reputation, and the seven-year itch".
27. Ho, Kelly. (2023-05-15). "US lawmakers urge sanctions on Hong Kong judges, as city gov't decries 'shameless, sinister, malicious' interference".
28. Grundy, Tom. (2024-06-07). "HK backs independence of judiciary after 2 UK judges quit top court".
29. Grundy, Tom. (2024-06-10). "HK 'slowly becoming a totalitarian state,' says ex-top court judge".