### Legal Practitioners Ordinance 《法律執業者條例》

39G. Further provisions relating to proceedings of Assessment Board
(1) The quorum for a meeting of the Assessment Board is 7 members, of whom—
(a) one must be the chairperson of the Board or a member appointed under section 39E(3)(b)(i);
(b) one must be a member appointed under section 39E(3)(b)(ii); and
(c) one must be a member appointed under section 39E(3)(b)(iii).
(2) At a meeting of the Assessment Board—
(a) subject to paragraph (b), the chairperson of the Board must preside; or
(b) if the chairperson is not present at the meeting, a member of the Board appointed under section 39E(3)(b)(i) and nominated by the chairperson must preside.
(3) Each member of the Assessment Board present at a meeting of the Board has one vote.
(4) A decision on any matter at a meeting of the Assessment Board must be supported—
(a) in the case of a decision to make any rules under section 73CA, by the votes of at least 6 members of the Board present and voting on that matter; or
(b) in any other case, by a majority of votes of the members of the Board present and voting on that matter.
(5) For the purposes of subsection (4)(b), if on any matter the votes are equally divided, the person presiding at the meeting of the Assessment Board, in addition to having one vote under subsection (3), has a casting vote.
(6) Subject to the other provisions of this Ordinance, the Assessment Board may regulate its own procedure.

39H. Application to Assessment Board for higher rights of audience
(1) A solicitor who satisfies the eligibility requirements under section 39I may apply to the Assessment Board for higher rights of audience.
(2) The applicant must specify in the application one of the following classes of proceedings as the class of proceedings in respect of which the applicant is applying for higher rights of audience—
(a) civil proceedings;
(b) criminal proceedings;
(c) both civil and criminal proceedings.
(3) For the purposes of this Ordinance, higher rights of audience (較高級法院出庭發言權) means rights of audience before the Competition Tribunal, the High Court and the Court of Final Appeal, whether in civil proceedings, criminal proceedings, or both, but does not include any of those rights that solicitors generally may from time to time have apart from this Ordinance. (Amended 15 of 2014 s. 14)

### Legal Practitioners Ordinance 《法律執業者條例》

39I. Eligibility requirements
(1) An applicant under section 39H satisfies the eligibility requirements if the applicant—
(a) holds a current practising certificate as a solicitor;
(b) has the requisite experience;
(c) has complied with the requirements prescribed by rules made under section 73CA(1)(a)(i); and
(d) has not, in the same calendar year in which the application is made, made any other application under section 39H (whether in respect of the same or a different class of proceedings).
(2) For the purposes of subsection (1)(b), the applicant has the requisite experience if, during the period of 7 years immediately before the date of the application, the applicant—
(a) has, for not less than 2 years in the aggregate, done one or more of the following—
(i) practised as a solicitor in Hong Kong;
(ii) practised as a barrister in Hong Kong;
(iii) practised as a legal officer within the meaning of section 2 of the Legal Officers Ordinance (Cap. 87) or held a similar office; and
(b) has, for not less than 3 further years in the aggregate, done one or more of the following—
(i) practised as a solicitor in Hong Kong;
(ii) practised as a barrister in Hong Kong;
(iii) practised as a legal officer within the meaning of section 2 of the Legal Officers Ordinance (Cap. 87) or held a similar office;
(iv) practised the law of any other common law jurisdiction while being qualified to do so under the law of that jurisdiction, whether or not also under this Ordinance.
(3) Despite subsection (1)(c)—
(a) the applicant may elect to make the application on the basis of exemption from the requirements referred to in that subsection by stating in the application that the applicant has so elected; and
(b) on the applicant making the election under paragraph (a), that subsection does not apply to the applicant.
(4) In this section, similar office (相類職位) means—
(a) an office held by a person by an appointment under section 3(1) of the Legal Aid Ordinance (Cap. 91); or
(b) an office the holder of which is deemed to be a legal officer for the purposes of the Legal Officers Ordinance (Cap. 87) under section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412) or section 75(3) of the Bankruptcy Ordinance (Cap. 6).

### Legal Practitioners Ordinance 《法律執業者條例》

39J. Further requirements concerning application
(1) An application under section 39H must be—
(a) in the form specified by the Assessment Board;
(b) supported by the information prescribed by rules made under section 73CA(1)(a)(ii);
(c) accompanied by the fee prescribed by rules made under section 73CA(1)(a)(iii); and
(d) made within any of the periods specified under subsection (3).
(2) The fee referred to in subsection (1)(c) is payable to the Government.
(3) The Assessment Board must, in relation to each calendar year, specify, by notice published in any manner that it considers appropriate, one or more periods during which applications may be made under section 39H.

39K. Determination of application by Assessment Board
(1) As soon as practicable after an application is made to it under section 39H, the Assessment Board must consider the application, and decide whether to grant or refuse the application.
(2) For the purposes of subsection (1), if the class of proceedings in respect of which the applicant is applying for higher rights of audience is that specified in section 39H(2)(c), the Assessment Board may grant the application—
(a) without modifications to the class of proceedings to which the application relates; or
(b) only in respect of a class of proceedings specified in section 39H(2)(a) or (b).
(3) As soon as practicable after a decision is made under subsection (1), the Assessment Board must—
(a) notify the applicant of—
(i) the decision; and
(ii) if it grants the application under subsection (2)(b) or refuses the application, the reasons for the decision; and
(b) notify the Council of the decision.