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

39L. Conditions for granting application
(1) Without affecting any other requirements applicable to an application made under section 39H, the Assessment Board may grant the application only if it is satisfied that the applicant—
(a) if the applicant has elected to make the application on the basis of exemption from the requirements referred to in section 39I(1)(c), has complied with the alternative requirements prescribed by rules made under section 73CA(1)(a)(iv);
(b) has acquired sufficient experience in litigation work in the course of ordinary practice within the period of 3 years immediately before the date of the application, so as to be a suitable person to have the higher rights of audience in respect of which the Board is to grant the application; and
(c) is in all other respects a suitable person to have the higher rights of audience in respect of which the Board is to grant the application.
(2) For the purposes of subsection (1), the Assessment Board—
(a) in considering whether the applicant satisfies the requirement under subsection (1)(b), must accord due weight to the applicant’s experience in advocacy work, whether written or oral; and
(b) in considering whether the applicant satisfies the requirement under subsection (1)(c), may have regard to—
(i) the applicant’s competence in advocacy work, whether written or oral;
(ii) the applicant’s professional conduct and integrity; and
(iii) any other matters that the Board considers relevant.

39M. Further provisions applicable to determination of application
(1) In considering an application under section 39H, the Assessment Board may—
(a) for the purpose of ascertaining whether the applicant satisfies the eligibility requirements under section 39I or the further requirements described in section 39L(1)(a), (b) and (c), make any enquiries with the Council that the Board considers appropriate; and
(b) require the applicant to provide it with any further information relating to the application that it considers appropriate, whether at any interview before it or in any other manner that it considers appropriate.
(2) In considering the application, the Assessment Board may have regard to—
(a) any matter made available to it under this Part; and
(b) any other matters that it considers relevant.
(3) If the Assessment Board proposes to grant the application under section 39K(2)(b) or to refuse the application, it must give the applicant an opportunity to make representations, whether in writing or in any other manner that it considers appropriate.

39N. Applicant having higher rights of audience on grant of application
On the granting by the Assessment Board of an application made under section 39H—
(a) the applicant has the higher rights of audience in respect of which the Board has granted the application; and
(b) those rights are exercisable by the applicant as a solicitor.

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

39O. Loss of higher rights of audience
(1) A person who has higher rights of audience under this Part ceases to have those rights on—
(a) the person being adjudged bankrupt under the Bankruptcy Ordinance (Cap. 6);
(b) the person’s name ceasing to be on the roll of solicitors—
(i) as a result of an order made under section 10(2)(a);
(ii) under section 19(1); or
(iii) under any other provision of this Ordinance; or
(c) the person being suspended from practice as a solicitor—
(i) as a result of an order made under section 10(2)(b); or
(ii) under any other provision of this Ordinance.
(2) Despite subsection (1), the person reacquires the higher rights of audience—
(a) if the person has been adjudged bankrupt as described in subsection (1)(a), on the person being discharged from bankruptcy under the Bankruptcy Ordinance (Cap. 6);
(b) if the person’s name has ceased to be on the roll of solicitors as described in subsection (1)(b), on—
(i) in the case of subsection (1)(b)(i), the person’s name being restored to the roll of solicitors on an appeal against the order referred to in that subsection; or
(ii) in the case of subsection (1)(b)(i), (ii) or (iii), the person’s name being restored to the roll of solicitors under section 5(3); or
(c) if the person has been suspended from practice as a solicitor as described in subsection (1)(c), on—
(i) in the case of subsection (1)(c)(i), the person’s suspension being set aside on an appeal against the order referred to in that subsection; or
(ii) in the case of subsection (1)(c)(i) or (ii), the period of the person’s suspension having expired.

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

39P. Higher rights of audience certificate
(1) As soon as practicable after being notified under section 39K(3) of the granting by the Assessment Board of an application in respect of any higher rights of audience, the Council must issue to the person by whom the application has been made a certificate in respect of those rights.
(2) If under section 39O(1) the person ceases to have higher rights of audience (whether or not only for a specified period), any certificate issued to the person under this section in respect of those rights also ceases to have effect.
(3) If, after any certificate issued to the person has ceased to have effect under subsection (2), the person reacquires under section 39O(2) the higher rights of audience covered by the certificate, the certificate is again to have effect on the reacquisition by the person of those rights.
(4) If the Council is required to issue a certificate to any person under subsection (1), and the person also has higher rights of audience under this Part in respect of any class of proceedings other than those to which the certificate relates, the Council may, where it considers appropriate, issue to the person a certificate in respect of all higher rights of audience that the person has under this Part.
(5) If a certificate is issued to a person under subsection (4), any earlier certificate issued in respect of any of the higher rights of audience covered by the certificate ceases to have effect.
(6) A certificate issued under this section must be in a form prescribed by rules made under section 73(1)(de).

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

39Q. List of persons with higher rights of audience
(1) The Council must keep a list of all persons who have acquired higher rights of audience under this Part, whether or not they have subsequently ceased to have those rights.
(2) The list must, in relation to those persons, contain—
(a) their respective names and, in relation to any of the persons who have not ceased to have the higher rights of audience, the respective addresses at which they carry on their businesses of practising as a solicitor;
(b) the respective dates from which they have acquired the higher rights of audience and, where applicable, the respective dates from which or during which they have ceased to have those rights; and
(c) the respective classes of proceedings to which the higher rights of audience relate.
(3) As soon as practicable after becoming aware of any matter that would reasonably require the list to be updated, the Council must update the list accordingly.
(4) As soon as practicable after updating the list, the Council must provide a copy of the updated list to the Registrar.
(5) For the purpose of enabling any member of the public to ascertain whether a person has acquired higher rights of audience under this Part and to ascertain the particulars of those rights, the Council must make the list available for public inspection at the office of the Council during office hours without payment.

39R. Code of conduct for solicitor advocates
(1) The Council may, in consultation with the Chief Justice and the Bar Council, issue a code of conduct for the purpose of setting out standards of professional conduct to be observed by solicitor advocates.
(2) The Council may, in consultation with the Chief Justice and the Bar Council, from time to time revise the code.
(3) The Council must publish the code and any revision to the code under subsection (2) in any manner that it considers appropriate.