The Legal Profession

The Legal Profession

Solicitors

Rule 2(b) of the Practising Certificate (Solicitors) (Grounds for Refusal) Rules (Cap. 159N) states that a Practising Certificate may be refused by the Law Society if “the applicant is, by reason of his financial position, mental capacity or otherwise, unfit to practise as a solicitor”. As a result, that person would be legally barred from practising as a solicitor. 

Under Schedule 2 and Section 26A of the Legal Practitioners Ordinance (Cap. 159), the Law Society has broad powers to intervene in a solicitor’s practice. If a solicitor is incapacitated, the Council can intervene to take control of client monies and files to protect the public. This is effectively an immediate suspension of the solicitor’s ability to work.    

Barristers

Under Section 27 of the Legal Practitioners Ordinance (Cap. 159), barristers must pass the “fit and proper” test before they can be admitted by the High Court of Hong Kong as a barrister. 

Additionally, under §11.7 of the Code of Conduct of the Bar, a barrister must be a “fit and suitable person” to act as a pupil master before he can be approved to be one. Under §4.1 of the Code of Conduct, a barrister must be competent in all his professional activities. If a barrister becomes mentally incapacitated, they may not be able to ensure they are competent in his professional activities, which may hinder his practice. However, there are no statutory provisions in the Legal Practitioners Ordinance (Cap. 159) specifying that a barrister will be automatically disqualified from practice if he is mentally incapacitated.  

Notaries Public

Rule 2(2)(e) of the Notaries Public (Grounds for Refusal to Issue Practising Certificate) Rules (Cap. 159AF) explicitly states that an applicant is unfit to practise if they are “suffering or appears to suffer from a mental disorder within the meaning of the Mental Health Ordinance (Cap. 136)”. Such a person will be disqualified from practising as a notary public.