香港特别行政区品行规范.docx

CODE OF CONDUCTOF THE BAR OFTHE HONG KONG SPECIALADMINISTRATIVE REGIONAdopted by the Bar Council on 20th November, 1997Effective from May, 1998Bar CouncilHong Kong Bar AssociationLG2, High Court38 QueenswayHong Kong© The Bar Association of the Hong Kong Special Administrative Region 1998All Rights of the Bar Association, the x owner, are hereby reserved. This publication and/or part or parts thereof may not be reproduced, stored in any retrieval system, or transmitted in any form or by any means whether by and through electronic or mechanical means, photocopying, recording or otherwise without the prior written consent of the x owner.Neither the Bar Association nor the Publisher is responsible for any loss occasioned to any person whether acting or refusing to take or refraining from taking any action as a result of the material in this publication.Published in May 1998 Printed by The Green Pagoda Press Ltd.9/F., Block A&B,Tung Chong Factory Building,653-655 King Road,Hong KongThe Material in this publication has been adapted from and is whenever appropriate reproduced from “The Code of Conduct for the Bar of England and Wales” (1981 Edition) with the kind permission of the Bar Council of England and Wales.The Legal Practitioners Ordinance, its subsidiary legislation and other legislation are reproduced with the permission of the Government of the Hong Kong Special Administrative Region.The Law Society Circulars are reproduced with the kind permission of the Law Society of Hong Kong.The Code of Conduct of the Bar for theHong Kong Special Administrative Regionis primarily based on theCode of Conduct for the Bar of England and Wales (1981 Edition)with variations warranted by local conditions and practice.Paragraphs 9, 31, 33-49, 67-69, 74-79, 95-99, 109,117-119, 128-129, 164-169, 173, 175-179and Annexes 1-3, 一五 and 17 have not been adopted.Since the publication of this Code of Conducton 20 January 1983 amendments have beenand will be made from time to time.TABLE OF CONTENTSSUBJECT MATTER PARAGRAPH(S)PRELIMINARY 1-3APPLICATION OF THE CODE: FUNDAMENTAL PRINCIPLES 4-6DISCIPLINARY PROCEEDINGS 7-11DEFINITION 12-一三PRACTISING BARRISTERS: GENERAL PRINCIPLES 20-32THE ACCEPTANCE OF INSTRUCTIONS 50-66 Embarrassment and Conflict of Interest 57-62 The Return of Briefs 63-66ADMINISTRATION 70-73IDELEGATION OF WORK 80-84RELATION BETWEEN BARRISTERS AND PERSONS OR BODIES INSTRUCTING THEM 90-94ADVERTISING, TOUTING AND PUBLICITY 100-108DUTY OF COUNSEL TO THE LAY CLIENT 110-116FEES 120-127CONDUCT AT COURT 一三0-163 Dress in Court 140 Conferences and Consultations 141 Attendance of Solicitors or their Representatives in Court 142-145 Duties When Defending a Person Accused of a Crime 146-一五8 Duties When Prosecuting a Person Accused of a Crime 一五9-163AOVERSEAS WORK AND FOREIGN LAWYERS 170-174EMPLOYED AND NON-PRACTISING BARRISTERS: GENERAL PRINCIPLES 一八0-一八3COMPULSORY PROFESSIONAL INDEMNITY INSURANCE 一八4-一八7ANNEXESTHE RULES, REGULATIONS AND BY-LAWSANNEXES RELEVANTNO. SUBJECT MATTER PARAGRAPH(S)1. (Not Adopted)2. (Not Adopted)3. (Not Adopted)4. List of Approved Supplementary Occupations 23-245. Duties of and Guidelines for Pupil Masters and Pupils 306. Rules for the Acceptance of Instructions by Senior Counsel 517. Conflict of Interest * Connection with Client 58, 608. Conflict of Interest * Connection with Court or Tribunal 599. Chambers * Notices of Change of Address, etc. 10110. Extract from the Legal Aid Regulations, Cap.91 Regulation 12(7) & (8) 1一五11. Notes for Guidance on Dress in Court 14012. Guidance for Prosecution Counsel on the Attendance of Witnesses at Conferences 142一三. Confessions of Guilt 14914. Overseas Practice Rules of the Bar 172一五. (Not Adopted)16. Dual Qualification Rules 17417. (Not Adopted)一八(i) Reproduction of Circular No. 6/81 issued by the Law Society of Hong Kong re “Payment of Counsel’s Fees” and “Marking of Counsel’s Diary” (ii) Reproduction of Circular No. 27/97 issued by the Law Society of Hong Kong re “Solicitors personally responsible for Barristers’ fees” (Revision of Principle) 127 (iii) Terms of Reference and Procedure of the Joint Tribunal 12719. Direct Professional Access Rules and Recommended Standard Terms of Engagement 50(b)19A. Direct Professional Access Rules and Recommended Standard Terms of Engagement for Direct Access by Arbitrators 50(b)20. Acceptance of Brief or Instructions Directly from Persons Authorised by Custom or the Bar Council 50(a) & (b)PRELIMINARY1. Respect for the law and for the freedom of the indi。