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

37B. Appeal to Court of Appeal
(1) A person who is the subject of an order under section 37 or 38 may appeal to the Court of Appeal and Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the appeal except that the time for serving the notice of appeal is 21 days from the date of the decision and not 28 days as provided in Order 59. (Amended 25 of 1998 s. 2; 10 of 2005 s. 58; 10 of 2008 s. 32)
(2) In an appeal under this section the Bar Council shall be the respondent. 
(3) The hearing of an appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal otherwise directs. 
(Added 61 of 1992 s. 21)

38. Variation of order of the Barristers Disciplinary Tribunal
(1) Any barrister who has been suspended from practising or whose name has been struck off the roll may apply to the Tribunal Convenor of the Barristers Disciplinary Tribunal Panel to have a Barristers Disciplinary Tribunal constituted for the purpose of hearing his application to vary or discharge the order suspending him or striking his name off the roll. 
(2) No application shall be made under subsection (1)—
(a) in the case of an order of suspension, until the expiration of 2 years from the date of such order or of half the period of suspension, whichever is the less; or 
(b) in the case of an order striking the name of the barrister off the roll, until the expiration of 2 years from the date of such order, 
and in either case where such an application has been made and determined, no further application shall be made until the expiration of 2 years from the date of such determination: 
Provided that the barrister may at any time apply on the grounds that new material facts have come to light since the making of the order which it is sought to vary or discharge, and where the Tribunal Convenor is of the opinion that such facts should be placed before a Barristers Disciplinary Tribunal, he shall grant such application. (3) At the hearing of the application the Barristers Disciplinary Tribunal may—
(a) reduce the period of suspension; or 
(b) discharge the order of suspension or the order striking the name of the barrister off the roll, as the case may be; or 
(c) confirm the original order; and 
(d) make such order as to costs as it shall see fit. 
(Amended 92 of 1975 s. 59; 61 of 1992 s. 22)

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

39. Expenses of Barristers Disciplinary Tribunal and of Bar Council
(1) The expenses incurred by—
(a) a Barristers Disciplinary Tribunal; and
(b) the Bar Council, in connection with proceedings before a Barristers Disciplinary Tribunal, the Court of Appeal and the Court of Final Appeal,
may be paid to the Bar Council out of general revenue upon a certificate issued by the Secretary for Justice.
(2) The Secretary for Justice shall only issue a certificate under subsection (1) if he is satisfied that—
(a) the expenses were necessarily incurred by the Barristers Disciplinary Tribunal or the Bar Council, as the case may be, in exercise of the powers or duties conferred or imposed by this Ordinance;
(b) the amount of such expenses is reasonable; and
(c) the expenses could not reasonably be recovered from the barrister whose conduct is the subject of the proceedings before the Barristers Disciplinary Tribunal, the Court of Appeal or the Court of Final Appeal, as the case may be.
(3) In this section, expenses (開支) includes witnesses’ expenses and fees, counsel’s fees, solicitor’s fees, auditor’s fees and other charges and disbursements.
(Amended 70 of 1991 s. 8; 61 of 1992 s. 23; L.N. 362 of 1997; 26 of 2012 s. 7)

39A. Foreign lawyers
(1) The Society may register as a foreign lawyer a person who, not being a solicitor who holds a practising certificate or a barrister who holds a practising certificate, is qualified to practise foreign law. 
(2) Solicitor-client privilege exists between a foreign lawyer and his client to the same extent as the privilege exists between a solicitor and his client. 
(3) Where a foreign lawyer becomes bankrupt the registration of the foreign lawyer is automatically cancelled. (Amended 27 of 1998 s. 7)

39B. Foreign firms
(1) The Society may register as a foreign firm a firm—
(a) in which all of the partners who intend to practise in Hong Kong are foreign lawyers or the sole practitioner of which is a foreign lawyer; and 
(b) that intends to have within 2 months after registration, a place of business in Hong Kong for the purpose of practising or advising on foreign law. 
(2) Where a firm was registered as a foreign firm on the basis of an intention referred to in subsection (1)(b) but fails to establish a place of business in Hong Kong within 2 months after its registration, the Society may cancel the firm’s registration.

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

39C. Associations
(1) The Society may register as an Association a Hong Kong firm and one or more foreign firms if the Hong Kong firm and the foreign firm or firms have, or intend to have within 2 months after the registration, an agreement under which fees, profits, premises, management or employees are shared between the Hong Kong firm and the foreign firm or firms. 
(2) Where the Hong Kong firm and the foreign firm or firms fail to enter into an agreement referred to in subsection (1) within 2 months after registration of the Association, the Society may cancel the Association’s registration.

39D. Hong Kong firms may employ foreign lawyers
Subject to rules made under section 73(1)(dc), a Hong Kong firm may employ a foreign lawyer.

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

39F. Further provisions relating to members of Assessment Board or of panel appointed under section 39E(5)
(1) A member of the Assessment Board or of the panel appointed under section 39E(5) holds office for a term not exceeding 3 years, but may be reappointed or reselected.
(2) A member of the Assessment Board or of the panel appointed under section 39E(5) may at any time resign from office by giving notice in writing to the Chief Justice.
(3) Subject to subsection (4), the Chief Justice may at any time remove from office any member of the Assessment Board or of the panel appointed under section 39E(5) by giving notice in writing to the member.
(4) Before removing from office any member of the Assessment Board appointed under section 39E(3)(b)(ii), (iii) or (iv), the Chief Justice must consult—
(a) in the case of a member appointed under section 39E(3)(b)(ii), the President of the Society;
(b) in the case of a member appointed under section 39E(3)(b)(iii), the Chairman of the Hong Kong Bar Association; or
(c) in the case of a member appointed under section 39E(3)(b)(iv), the Secretary for Justice.