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

35. Complaint about barrister’s conduct
(1) Where the Bar Council considers that the conduct of a barrister should be inquired into as a result of a complaint being made to it or otherwise, the Bar Council shall submit the matter to the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel. 
(2) Where a complaint is made to the Bar Council and the Bar Council does not submit a matter to the Tribunal Convenor under subsection (1) within 6 months after receiving the complaint the Chief Judge may, on application by any person or on his own initiative, submit the matter to the Tribunal Convenor if he considers that the Bar Council ought to have done so. (Amended 23 of 2002 s. 107)
(3) A matter submitted to the Tribunal Convenor must include or be accompanied by particulars of the conduct that is to be inquired into and by particulars of any associated allegations of misconduct. (Added 94 of 1997 s. 9)
(Replaced 61 of 1992 s. 19)

35A. Barristers Disciplinary Tribunal
(1) On receiving a submission under section 35, the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel is required to appoint from the Panel—
(a) a Senior Counsel; and
(b) a barrister who is not a Senior Counsel; and
(c) a lay person.
(2) The persons so appointed constitute a Barristers Disciplinary Tribunal to inquire into the conduct of the barrister concerned.
(3) When constituting a Barristers Disciplinary Tribunal, the Tribunal Convenor is also required to appoint one of its members as chairman of the Tribunal.
(4) A Barristers Disciplinary Tribunal may be constituted by the chairman and by one other member designated by the chairman for the purposes only of—
(a) giving directions or making orders for the conduct of an inquiry under section 36; and
(b) announcing the findings of the Tribunal with respect to the inquiry.
(5) A member of a Barristers Disciplinary Tribunal who becomes a member of the Bar Council ceases to be a member of the Tribunal.
(Replaced 94 of 1997 s. 10)

35B. Sittings of Barristers Disciplinary Tribunal
(1) A Barristers Disciplinary Tribunal is required to sit at such places and at such times as the chairman of the Tribunal directs.
(2) A Barristers Disciplinary Tribunal is required to hold its proceedings in camera, except when the barrister whose conduct is being inquired into requests that the proceedings be open to the public.
(Added 94 of 1997 s. 11)

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

37. Disciplinary powers of Barristers Disciplinary Tribunal
On completion of its inquiry, the Barristers Disciplinary Tribunal may do one or more of the following—
(a) censure the barrister; 
(b) suspend the barrister from practising for a period it specifies; 
(c) order that the barrister’s name be struck off the roll of barristers; 
(d) order the barrister to pay to the complainant an amount not exceeding the amount or amounts paid or payable to the barrister in relation to the complainant’s matters in dispute; 
(e) order the barrister to pay a penalty not exceeding $500,000, which shall be paid into the general revenue; 
(f) order the barrister to pay the costs of and incidental to the proceedings of the Tribunal and the costs of any prior inquiry or investigation in relation to the matters before the Tribunal, to be taxed by a Master of the High Court on a full indemnity basis, or an amount that the Tribunal considers to be a reasonable contribution towards those costs; (Amended 25 of 1998 s. 2)
(g) make any other order it thinks fit.
(Replaced 61 of 1992 s. 21)

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

37A. Findings of a Barristers Disciplinary Tribunal
(1) An order made by a Barristers Disciplinary Tribunal shall include a statement of its findings in relation to the facts of the case and shall be signed by the chairman or by a member authorized by the Tribunal. 
(2) A signed copy of an order of a Tribunal shall be filed with the Registrar who shall enter a note of the order on the roll of barristers against the name of the barrister and, where the order so directs, the Registrar shall strike off the name and shall publish an order for suspension or striking off in the Gazette within 14 days after receiving a copy of the order. 
(3) The Tribunal that heard the matter or a Tribunal constituted for the purpose by the Tribunal Convenor may, on the application of a party against whom an order for payment is made, order that payment may be paid by instalments or be deferred for a period the Tribunal considers appropriate. 
(4) An application for an order for payment by instalments, or for the deferring of payment, may be made at the hearing or, within 14 days after the date of the order for payment, by notice in writing to the Tribunal Convenor and to all parties who were represented at the Tribunal hearing. 
(5) On receipt of a notice under subsection (4), the Tribunal Convenor shall, within 14 days, notify the applicant and the other parties of the date on which the application will be heard by a Tribunal. 
(6) There is no right of appeal from the decision of the Tribunal on an application under subsection (4). 
(7) Payment of an amount ordered to be paid by the Tribunal may be enforced as if it were an order issued out of the Court on the production of a copy of the order signed by the chairman or other authorized member of the Tribunal and the rules of the Court, so far as applicable, apply to the order. 
(8) No order under subsection (7) shall be enforced until after the 14 days referred to in subsection (4) has elapsed or until after the Tribunal has made its decision under subsection (3). 
(Added 61 of 1992 s. 21)